Big money is driving this show in Phoenix. Big money is influence and power. Silver realizes that she needs to bring this conflict to a resolution - an airtight resolution that is not going to in any way affect the pending merger.
The airlines want a quick resolution and it doesn't matter to them how it gets done (except if it will cost them money).
The issue is not ripe - no harm has occurred.
The MOU maintains status quo after the POR approval, but nullifies all previous agreements, including LOA96 (the one that talks about how east/west seniority will be integrated). Because the terms of that agreement were never fullfilled, we are left with two lists at LCC.
Can M/Bond put the east & west lists together? No, because they have the same union representing them. M/B says that in that case, the lists shall be integrated by union policy, i.e., the NMB is hands off.
So, can there be a three way? It can happen at the negotiation phase, but not at the arbitration phase. If USAPA shows up with two lists for arbitration it will be a violation of federal law for the arbitrator to integrate the east and west lists.
Oh, the dilemma! It falls on USAPA, the designated representative for all LCC pilots, to produce a single list. How? According to M/B (federal law), they must use internal union policy.
Since this dispute revolves around LOA96, which will be nullified upon the POR approval, ripeness can never be achieved.
My prediction is: the judge will dismiss for lack of ripeness, advise the plantiffs that their case will never be ripe and that union policy will dictate how the union presents their data to the arbitrator, if it ever gets to arbitration.
AOL has no standing in negotiations with LCC, AA, or an arbitrator, as USAPA is the duly elected representative under the RLA.
There is nothing to appeal as the ninth already ruled on ripeness.
Cheers.
