Listen, the point here is that the Nic. has been inherited by usapa, and that usapa wants to change the accepted list with a different list. You are very confused as you think the Nic. just disappears as if it never existed because usapa took over. The company won't negotiate seniority with usapa, no one will negotiate seniority with usapa, the company just accepts what usapa gives them as long as it is legal. Usapa has a duty to represent all sides, east and west, it cannot pick winners and losers. Usapa inherited every single provision of both east and west contracts and is bound by them until they negotiate something different. Seniority is not negotiated, there is no give and take, it is just given to the company. The issue here is usapa wants to replace an accepted seniority list with a different list, the legality of the nic. is not in question because the Nic. was part of the tA that usapa inherited. All case law says that you cannot re-order sniority because the majority wants it, the 9th says it is not ripe. Either way you are way off, the west, company, apa has many options available, from a dfr once the contract is ratified to the apa kicking usapa out if a merger happens to management imposing a contract if the east doesn't negotiate. Think about it, usapa forced the nmb to declare us a single transportation system, with a merger the apa can do the exact same thing and pass whatever contract they want with the east having zero say on it.