If you are trying to imply that the pilots of US Airways will be denied ratification of a new contract by any judge... you'll be sadly mistaken!
And after a contract is ratified... you can sue away if you wish, but that does not automatically affirm you will get a judgment in your favor... only that you will definitely enrich more attorneys at everyone's expense.
I will say this straight up so that there will not be any confusion about what I may or may not be "implying". However, this is of course my opinion, for those of you who cannot make the connection that my post are my opinions unless I attach, quote, or copy, published/posted materials.
The pilots of US Airways, in particular, the east pilots and usapa, will be denied the
implementation of any contract that does not contain the arbitrated Nicolau Award as the seniority list for all US Airways pilots. Further, it is plausible, that usapa will be denied the opportunity to attempt to ratify any tentative agreement that does not include the Nic.
It is very likely that usapa will not be able, or even allowed, to complete a tentative agreement with its DOH with C&Rs constitutional mandate.
Make no mistake, it will be usapa that has to "sue away" and petition the NMB, and generally lose the very last shred of its incredibly weak credibility, when as every attorney, judge, jury have told them to this date, they are bound by the arbitrated award.
If you do not believe me, go and read the advice the law firms gave Bradford when he was setting up usapa. Go back and watch the videos of Bradford explaining the strategy at the road shows. Bradford said all three lawfirms that he talked to said the same thing. Yes, you can vote in a new union. Yes, you can negotiate for a different seniority list. But, whatever you do, do not get yourself sued over it, becasue almost any judge will consider the arbitrated award as binding.
Even Seham knows it is a loser. His response to all of this was, "DFRs are loser lawsuits". His whole defense revolved around the difficulty, and length of time it normally takes to prosecute a DFR. Well guess what? DFRs are easy when the union is guilty.
Bottom line, if you think you will get a DOH contract implemented,.....you'll be sadly mistaken!