Negotiations are just that: negotiations.
Each side seeks to prep the battlefield by placing limits on what can and cannot be introduced: the process is called, "Denial of Use."
IMHO:
The nature in which AMR and the TWU engage negotiations it is not unlike a denial-of-service attack on an individual ISP.
Denial of Service: Wikipedia
When one asks, "Who's really on top?", the question is continually reframed around what is the company willing and able to pay.
Shouldn't the question actually be ordered more along the lines of what is in the public interest given that none of the actors in the game are free agents or free traders?
True capitalism in the US Air Carrier Industry has never existed. Despite the ADA of 1979, the web of regulation between and within points of service has not, nor has been structured, to become a creature subject to a laissez-faire form of capitalism. The periodic bailouts of the US air carrier system are designed to ensure that the geographic constraints of other forms of mass transit are foregone in exchange for a smaller footprint, lower cost, faster transaction system of aircraft over rails within the CONUS.
US Flagged carriers are functional utilities, not regulated utilities in the sense that airfares are set by a construct similar to the previous CAB; but, in the current form, US Flagged air carriers are functional utilities in the sense that their operational, regulatory and labor structures are constricted at the top level by the Federal Government through State Department treaties with Foriegn Entities down to State and Municipal Entities regulating the activity at individual airports, air traffic patterns, and transactional capacity in terms of flow control and O&D emplanements/deplanements.
Given the utilitarian nature of the national subsidies granted by the Federal Government to:
1) the points of production: airports;
2) the transmission lines: flight paths;
3) the conductors of the product: the airlines;
4) the motive force allowing conductance: the employees;
5) the units of conductance: the aircraft;
Why wouldn't we seek to upgrade the motive force within the utility to the same degree that we seek to upgrade the point of production, the transmission lines, the conductors and the units of conductance?
If all aircraft maintenance costs the same per hour for all airlines: is there a cost benefit to the American Public in the simple fact that aluminum tubes travelling at .8 plus Mach, some 5-7 Miles above the ground, in temperatures below -25 Deg. F. were not placed with the lowest bid?