Well, Pi - it looks like you've gotten your answers before I got around to checking the forum today. You seem to merely be one of several easties here who deep down realize that a court will ultimately rule that the Nic is required but desperately want a compromise solution to prevent that eventuality and just won't accept the answer - there can be no compromise solution thanks to USAPA. You even suggest that compromise would be better for the west than the Nic, but that's false on it's face. To take just one example - the reinstatement right would help more west than east pilots according to you. Yet, even giving every pilot (not just east) ever displaced a reinstatement right would mean more east pilots with a reinstatement right than there are west pilots in total. That helps the west pilots how??? They'd be better served as a group if no one had a reinstatement right. Another - the downsizing of PHX with a single contract. Without PHX, US loses all feed for the western U.S. except from the handful of cities with non-stop service from PHL/CLT. Revenue that US can't afford to abandon. So absent a merger, and who knows what would happen to any base then, PHX isn't going to change much.
So accept reality - the Nic is probably going to be it. The only time a court ruled on the merits of USAPA's DFR it ruled against USAPA and the 9th gave plenty of hints that the merits aren't in USAPA's favor. The question isn't what would be an acceptable compromise since there can't be a compromise. It's do you want to end the spending of time and money fighting the Nic and try to move forward or stay stuck in the seemingly endless battle with the worst contract in the industry?
Jim