Let's do a hypothetical and assume solely for the purpose of this discussion that UA wants to merge with US. Let's also assume that UA's pilots have concerns over any such menrger, well they would have a lot of concerns, but the main one is the current standing of the Nicolau and USAPA mess and they signal to UA that they want something more concrete than the current situation. UA communicates this concern to US.
US now has a problem. They want the hypothetical merger but are unsure how to address this concern. They have been dismissed from the lawsuit and now lack standing to bring anything before the Court, but at the same time the Court has shown sympathy for the rights of the company to continue in business and to make legitimate business decisions. The Court is also restricted in its jurisdiction of the case while it is on appeal to issues surrounding the permanent injunction and the application for attorneys fees.
Normally I would think that the non-party company would simply ask for a confidentiality agreement from the union and then ask the union to present the court with an in camera proceeding (essentially a secret proceeding) and present a sworn affidavit from the company explaining the problem and asking for the Court's intervention to attempt to clear the issue. However, USAPA would not likely be inclined to do so since it has little to gain and much to lose. The Addington plaintiffs might be more receptive and they have standing before the Court, but just exactly who would the company seek a confidentiality agreement from and how would that agreement be as binding as it normally would be against a company bargaining agent? Add to that the fact that if it became known that the Court was dealing with an in camera issue that speculation would be rife and the "quiet period" before a major transaction would be blown to hell.
So, does anyone want to play the hypothetical game?