I agree with you that the AA merger is not going to go DOH. Where i disagree with you is that the APA is going to go with a hypothetical never implemented list. USAPA may try a combined DOH list, but they would be stupid to do that and I am sure their lawyers are telling them that. No I think they will slide 2 lists across the desk, one DOH (AWA list) and one DOH with some modifications (USAir list) The modifications being the list as it stands now from the previous mergers. And say "here are the current USAirways lists, per the MOU stipulations" And then APA will say "here is our list, per the MOU stipulations"
Just looking at it from an APA standpoint, In my opinion I think they are going to go with what is best for them. Which i think will be take the 3 current and active seniority lists as they appear on the POR date and come up with some slotting procedure with fences. What those fences may be is anybodys guess, base?, equipment? who knows.
The MOU is worded so that they get a free pass on anything that came before since the day that the POR comes to be, everything that we currently have on the USAirways side ceases to exist and becomes void including the status quo.
In my opinion, NO it wont be DOH, and it wont include the NIC. I think it will be a snapshot of what we are flying and bidding on the day of the POR. Looking back on the court rulings to date, and with the MOU that was voted in by a wide margin and how it is worded I don't think there is a court in the country that will rule against a 3 way integration as the lists look on the day of the POR.
There will be the inevitable lawsuits of course, we all know they will come. I just don't think they will go anywhere except send more money to some lawyers. I think the time for any chance at the west getting their NIC ruling is long past, same for a USAPA DOH ruling. That failed merger integration is ancient history and will go down in the history books as a failed experiment and a byproduct of the havoc reeked on the airline industry by 9/11 and the financial upheaval that followed.