It looks like the Company and the Judge see the M/Bond process as the way out. If the West is an interested party, then they can dispute whatever seniority list that USAPA hands over to the APA. That dispute will be solved by final and binding arbitration.
For now the West needs to bargain. That doesn't mean starting with the Nicolau and then moving away from it, just some different result than the Nicolau. My suggestion is to take the 2007 lists and remove any furloughed pilot that bypassed recall and is gone. On the Nicolau list the first AWA pilot is around 520. What you offer is to move that pilot up XX numbers towards the top. Also, you will select XX pilots that were on furlough as of the merger and move them into the "active" ratio. So now you have a pin at the top of the list and the bottom of the list. Do a straight ratio from there. Make USAPA pick the XX number and put the ball in their court. Right now, USAPA wants to box in the AOL and force them to negotiate only for the conditions and restrictions that accompany a date of hire list. In this offer you box in USAPA into making a choice on your turf.
We all know that USAPA is internally incapable of making any tough decision so the whole point is moot. However, AOL should present a serious proposal to USAPA that is not the Nicolau award, again it doesn't have to be a concession from the Nicolau, just different. If they demonstrate serious bargaining, then the judge will most likely put them into the M/Bond process and from there it is a slam dunk that the arbitration result will be the previous arbitration result, the Nicolau award.
It is a tortured path, but the judge is handing AOL a ticket to resolution, they just have to bargain first to get there.