From the IAM- TWU arbitration.
Kasher gets it:
"The “fair and equitable” standard is, by necessity, a subjective one. As past seniority integration awards in the airline industry have demonstrated, there are a variety of methods that may be used to achieve a “fair and equitable” result; and, clearly, what is “fair and equitable” in the eyes of one employee will not, necessarily, be “fair and equitable” to another."
"In a perfect world, that is if two merging airlines were nearly identical in terms of financial condition, fleet sizes, aircraft types, route structures, ASMs and other indicia and characteristics of the carriers’ operations, then date of entry might be considered the most fair and equitable methodology for integrating the seniority lists. Date of entry might also be considered a fair and equitable methodology where the equities were arguably comparable, or where there was general agreement by the competing groups of employees that their service with their respective carriers was of equal value."
Fact: AWA was making money, USAir was about to liquidate
Fact: AWA was growing, USAir was shrinking
Fact: AWA had no pilots on furlough, USAir had 17 year pilots on furlough
Fact: AWA had increasing ASM's, USAir was reducing ASM's
Putting the above into the equation it is not difficult to see why Nicolau didn't use Date of Hire- Kasher wouldn't have either!