ALPA obviously thought they were free enough to abandon it. That's what they tried at Wye River. It's hard to tell if the East MEC would have gone along with the great Wye River compromise, but the East's 3 delegates there were ready to accept ALPA's proposal. The West wouldn't have anything to do with it. Those tough guys said no. Now they're going to pay for it for the rest of their careers. The Wye River Compromise (followed by the ALPA/Kirby cramdown) would have gone more LOS than DOH or NIC. With LOS, not a single West pilot would be on furlough now. But they turned it down, even after their own merger attorney Freund told them they better get something on the River or risk getting screwed. But those West "Men Of Genius" said no. Freund was either asked to leave or left in frustration after only 2 days at the conference.
Now ALPA's long gone. They thought Wye River would keep them from being voted off the island and get a new contract. They failed at both. Those are facts. No union politics here.
Now some opinion mixed in fact. According to the West point of view (Westies, please correct me if I'm overstating), anything less than the NIC is DFR material. Any modification, no matter how slight, amounted to an abandonment of the entire award and slam-dunk DFR. ALPA didn't see it that way. USAPA doesn't either. They both viewed the NIC (paraphrasing West's own merger attorney) as merely a negotiating tool/proposal. That's what Freund said in his reply to East MEC's lawsuit against the West. You obviously haven't seen those quotes from what Freund told the court. Obviously the D.C. district Court agreed with Freund. They threw out the suit. But for Freund, those words came back to haunt him. Well, they would have come back to haunt him if the Desert Judge had allowed USAPA to present their entire case. Maybe in the next trial, if there ever is another one.
West loves to say East welched on the deal, East has no integrity, etc. Problem is, ALPA is gone. USAPA wasn't around when all this went down. So it's all angry rhetoric. USAPA has no legal or moral obligation to give the NIC the time of day. The Ninth disagreed. West can continue to throw all the nasty words, phrases at us they want. With the Ninth's ruling, we don't much care. If we get too far out of line with our final contract (like staple), then I'm sure we will have a potential DFR loss ahead of us. But just dumping the NIC, at least in the eyes of the Ninth, does not meet DFR threshold.
Jetz, I really don't get your interest in any of this, other than you are either an ALPA plant or you really don't get it or you just like attracting attention. We already have enough of our own Easties doing all three, anything to disrupt and get back on ALPA FPL. We've outlined, quoted what the Ninth wrote, ad nauseum. Is what the Ninth said so hard to understand?