What you fail to say is that the EC may conclude the list does not comply with ALPA Merger Policy and many, not a majority, but many EVP's after discussion with Counsel believe they can throw out the Nicolau Award.
It's going to be really tough for them to throw it out without a majority.
And, let's assume for the second that they do try it--it's a slam dunk winner DFR. It's probably so easy that:
1. The judge would immediately issue the injunction to keep the EC from touching it
2. You could then choose to continue the great working conditions of LOA 93 until around the time that HP prevails and you get the award implemented. Oh, and I'm sure the HP guys will make sure that ALPA makes 'em whole, so to speak.
You guys (you and your sources) were so incredibly wrong on what would happen with Nicolau and are equally wrong now. ALPA is not going to commit financial suicide on behalf of a pilot group who, as you are so fond of pointing out, is only going to be paying dues for another 8 years on average, at best.
Furthermore, nobody can force the US Airways pilots to reach a JNC TA, which prevents the Nicolau Award from being implemented before at least the amendable date of CBA/LOA 93. Even then the US Airways pilots could reserve the right to continue JNC negotiations for a long time or maybe enter into Section VI negotiations.
Ever occur to you that Glass and company can simply claim bad faith and toss your Transition Agreement? Especially because that transition agreement apparently has a section thus:
""The seniority lists of America West pilots and US Airways pilots will be integrated in accordance with ALPA Merger Policy and submitted to the Airline Parties for acceptance"."
Do you really think that Parker is going to let you and your fellow East pilots stand in the way of his synergies? History would indicate otherwise.
Furthermore, the EC may elect to not forward the Award to the Company,
See the DFR and subsequent injunction from the west. It's not CC Air this time, but a mainline carrier with the pockets to win.
the East pilots could decertify ALPA,
Which won't help a whit, since the NMB won't let you run around the award by bringing in another union. Bank it.
the East pilots could obtain a new union,
See above.
the East pilots could file a lawsuit against ALPA,
On what grounds? Liar, liar, pants on fire? Not getting one's way? "The department of defense regrets to inform you that the East MEC has died because it was stupid?"
the East pilots could attempt to force a new union on the AWA pilots,
See the part about the NMB being slightly smarter than you give them credit for.
Right. Based on the track record of your MEC, it's highly unlikely.
Furthemore, the company could implode and go boom!
It could. How many airline HR folks and CPs do you think are going to be eager to sign up people who intentionally killed an airline because they did not get their way in front of an arbitrator they agreed to? Coming from a group who did not have the stones to shut 'er down in BK? Won't happen--too many people there just want the seat. It won't change.
Yes, there is more to the story...
You guys could learn
a lot from the HP merger committee, counsel, and MEC Chairman. Well, maybe not the lawyer--it's not Katz' fault he's being paid to "represent stupid" in this case.......
The only way this ends easy for East is with head in hand and the West guys agree to fences. I suspect they will require a hefty concession for said fences, and I'd expect them to get it (since, as you regularly demonstrate, the numerical majority of the East pilots prefer a concession to losing their seat).
