I think we are close to agreement on this. Both sides did what they thought they should to get what they wanted. However, because no compromises were genuinely sought and no middle ground could be found, both sides forfeited control over the SLI to an arbitrator who had absolute authority to craft the list that he felt was correct so long as it was within the C&Rs that were imposed on the process. From the moment Nicolau got involved both east and west no longer had any true say in what the outcome would be. At that point expectations for all pilots should have been - hope for the best but now you have to take what you get.
Personally I think that both sides could have proposed a ratioed list with some mutually protective C&Rs and avoided arbitration altogether. They didn’t and the award was issued; and what was issued was intended to be final and binding. Now, there is only one side refusing to accept the list. Only one side stated before and after the award was issued that any ratio system would be unacceptable. The list was a ratio and the east won’t accept it, at least until it is forced on them. I'll refrain from the moral implications of this since I know how the east detests such morality/integrity dialogs.
Even though the award favors the east with the top WB protected positions and generally a 2:1 ratio of slots, I don’t see many (any) west pilots taking the “unacceptable” stance with the award. So my issue isn’t really that the east didn’t propose a moderated position (though I think both sides should have), it is that they want to debate and dispute a final and binding arbitration award. The only two ways to move forward are for the east to accept the list willingly or unwillingly via a court or NMB process - IMO.
Yeah, we're pretty close. I wouldn't say that "any ratio system would, in US Airways’ words, ‘improperly produce unacceptable inequities and windfall gains for the America West pilots at the expense of the US Airways pilots’ and create unfairness throughout the list" is a statement that any slotted list would not be accepted, and I would say that the senior west pilots were in no position to say it is unacceptable, because they didn't have the majority status needed to do anything about it, even if it turns out to be temporary. I also don't agree that your ratio is right, because of what the earlier poster stated, he cleaned up the list to '07, but made the furloughed pilots use their status of '05.