I really don't think your definition of hurt, with regard to an 88 hire on is even close.........
You are right, if the west would come off the Nic, there might be some room to negotiate.
Did you mean to say with regard to an 88 hire furloughee who was unable to steal a West pilots position?
The West cannot come off the Nic. I actually think the company thought that by filling their DJ that they could give the West class legal status to renegotiate, however, even if that were the case there will be no further negotiations of the system seniority list. The AOL principles and legal team are not about to cut a deal with usapa. It is the Nic, end of story.
Further, usapa is both unwilling to modify its position, because it is in their C&BLs, and nobody trust usapa enough to entertain the idea of negotiating with them.