East progression had been decelerated long before the merger or the Nicolau award. Multiple bankruptcies, high CASMs, and a broken business model are the causes of that deceleration, not the NIC and certainly not the west pilots. Absent the merger the east career acceleration would have gone all the way down to zero, at least at US and on this seniority list. George Nicolau is a skilled and experienced arbitrator and he crafted a well-reasoned and equitable integrated seniority list that took as many of the variables and factors into reasonable consideration as possible to produce a very fair list and very tenable list. It was and is a compromise position that neither group is perfectly happy with, which is to be expected in an arbitration of this nature.
Regardless of the post-award perceptions, both sides agreed to the process and there is no court in the land that is going to overrule the NIC award if it were ever challenged – which it hasn’t been. On the contrary, the NIC has in fact been imposed by a Federal Court once already and there are at least two scenarios whereby it will be imposed again (Company DJ or DFR II if a non-NIC JCBA is ever ratified). IMO, what should be untenable for the east is to continue on LOA93 in perpetuity without even a glimmer of hope of avoiding the NIC in any future contract.