Wrong again, as usual. Read what I said. Slowly this time. It might help with comprehension. Did I not say that he would consider LOS anywhere between 1% and 99%? Notice the word CONSIDER. The arbitrator can do what he feels is right. Policy counts, but is not the end of the road. Mediation also does follow policy. So before arbitration he tries to get the sides closer to each other within the confines of the policy, in order to avoid arbitration. If both sides have negotiated in good faith he will try his best to close the gap once it reaches the arbitration phase. If one side is completely unreasonable and over reaching, he can abandon it all and do what he thinks is right, as long as it doesn't violate the original policy. There is no responsibility whatsoever to "split the baby," giving each side half of what they wanted. It doesn't work that way.
Have you ever been part of mediation/binding arbitration? I mean actually in the room as one of the parties? I have, outside of aviation. It works exactly the same way. And I assure you it is legally binding.
I can't predict the outcome of that merger without knowing more details. Each merger turns on it's on circumstances. It will be interesting to read the arbitrator's decision and reasoning, assuming it gets that far. My guess is that SW might throw enough money at it to buy labor peace and avoid the SLI problems all together. I'll bet an Airtran captain, flying as a SW f/o at captain rates isn't going to complain much about having one less stripe. But to answer your question, a person in the top 3% should stay somewhere around the top 3% after the merger, regardless of years. Especially when both carriers fleets are similar narrowbody. It makes it easier since you don't have to adjust for widebody career expectations.
OK so now we are gonna throw a percentage variation in there. You sir are a piece of work!
NICDOA
NPJB