Right -- even if that grants a windfall to one side. Nice try. The Policy was changed like fifteen years ago. Did you raise this same objection when Nicolau ruled on the Shuttle merger? He was good enough for you back then, wasn't he. In fact, he was good enough for you all the way up until ruled in a way you don't like. Suddenly, he's a violator of Policy and all who agree with him are liars and windfall-seekers. You so funny.
The policy was right 15 years ago, and short sighted pilot greed and the selfish needs of a pilot group(UAL) who predicted a merger in their future politicked for the change. It wasn't to make the policy better or right, just to serve an ALPA heavyweight's need.
Since I am not with US, I don't see how the shuttle merger or Nicalou affected me directly. It could help many here though if we were to merge with a company like yours. I am in the top few percent so the policy whatever it is, will have little impact on me. I imagine though if my carrier and yours was to merge, many here would feel that Nicalou did a good job, since our # of wide bodies triple yours, and our # of 757's nearly double yours a great many US pilots East and West should go to the bottom tp preserve "the jobs we brought to the merger" for our pilots. Based on Nicalou's assumptions there would be good arguments but oh would the West pilots cry for fences then. I would still feel that anything less the DOH is wrong and a detriment to the profession but you would be getting exactlly what you deserve, the same screw job you are hoping to give your fellow aviators on the East.