Well, I'm going to leave that to Judge Silver to decide. Unlike you, I see several variations of a "logical decision". It is hard to accept something that has not happened yet. Wouldn't you say that is logical? How many west pilots accepted the "logical ruling" from SFO, only to be disappointed. I can't say I know more than Judge Silver.
BTW, when I was talking to Koontz, he didn't see the ruling coming down like your "logical conclusion", at least the way I understand you. A lot of what Koontz said made sense. I think the outcome will hinge on a few choice terms.
I’m not precluding the possibility that Silver could make a ruling for something other than Count 1, but I am saying that the overwhelming likelihood is that Count 1 is the way she will go. You seem to have missed the point, namely that I was echoing your previous comment from a few days ago where you said that the NIC would very likely be the list. So, what I am saying in response is that the cogent reasoning of Siegel, as the legal mind with perhaps the most knowledge of the RLA in Silver’s courtroom, is quite persuasive, especially as it comes from the one party (besides Silver) who has remained consistently neutral with regards to seniority except in its unwillingness to violate the law or be exposed to financial harm.
So here we have a guy (Siegel) who is neutral, objective, and highly experienced in the RLA and who Silver is probably quite happy to have on board as she sifts through the various intricacies created by the other two parties. It should be obvious that both of those other parties have a great deal at stake in an issue where she lacks the time and experience to give this case as much attention as it needs given the incredibly diverse interpretations of the law. Last time everyone gathered in her courtroom USAPA rambled on leaving her with more questons than answers, but when Siegel interjected his account of the events and the law, she had no more questions except on how to quickly wrap things up and go on with her day. Just that event means a lot to how she views the parties and their viewpoints in this case.
Objectively, there is nothing tenuous about the Company’s filing and it has the effect of, while remaining completely neutral, affirming the basic premise of the west class’ position and rejecting the spurious claims made by USAPA. So, in order for Silver to rule on Count 2, she would have to disagree with the position of the west, and the position of the Company and dismiss some very concrete legal references and arguments by a leading RLA attorney. Do you really think that USAPA’s second-string lawyers realy put together such a persuasive case that she will rule against two parties who are in agreement in favor of the one that was already found guilty of a DFR in Wake’s courtroom.
As for the Ninth, you can go back and look if you like, but I was posting back then that ripeness was USAPA’s best and only hope of getting the Wake decision rescinded. Two liberal judges punted on ripeness back then and I never said that having them do that wasn’t a genuine possibility. What I didn’t expect was that Bybee would put together such a compelling dissenting opinion against his colleagues. Just goes to show that you might be right and a judge or judges can go against all logic and reasoning if they choose to do so. I doubt Silver will, but the possibility certainly does exist. I wouldn’t place all my hopes on her finding a tenuous loophole for USAPA to jump through this time, however.
I don’t check with Koontz or anyone else before I express my thoughts and opinions so why would I care what he thinks the ruling will be? He can believe what he likes as can you or I. Chasing a dream that you already know will likely never be, however defies all logic to me. It won't be long now and it's your paycheck that is taking the hit so carry on any way you like and make whatever decisions you can live with yourself afterwards.