If Seeham (and USAPA) are so sure why fight the company's request for a judgement...
Jim
The reason is twofold.
First, the last thing usapa wants is a federal court now telling the company they have to use the Nic. A very distinct possible result of the company's request, after all, the company signed a contract that said they would "accept" the Nic.
Second, and perhaps more importantly, if the company's request is ripe, so is the original Addington trial. The rule 60b filing AOL has made could cause the 9ths opinion to be vacated. We would then go back to the injunction in place, with the damages trial looming.
usapa asked in their request for a stay of the company's request that nothing is heard until AOL exhaust their appeal to the SCOTUS or drops the writ of cert. A move to stall the inevitable.
The transition agreement is very clear on the company's requirements regarding seniority integration. The company will "accept" the Nic. The idea that "accept" has no connection to the future implementation of the Nic is preposterous. The company has repeatedly stated that they have "accepted" the Nic, but they cannot use it until there is a joint contract. The only logical conclusion is that they have a contractual obligation to both east and West pilots to use the Nic in any joint contract. If the east wants to release them from that contract fine, but that does not release the company from their contractual obligations to the West pilot group.