And why do you seem to think the Nic award will stand in the event of the merger with another carrier. Under the ALPA Merger policy which pertains to the Nic, and Judge Wake, the award would only have any weight IF it was ratified in a joint contract between the America West and US Airways pilots.
That's not how the injunction reads. Here's a refresher, pages 46 and 47 of Document 593:
"This injunction and order also illuminates USAPA’s untoward objectives,
informing the Airline and union members what the union is not permitted to do. To date,
the Airline has accepted the Nicolau Award and taken no bargaining position against it.
The injunction to follow protects the Airline in that course. The West Pilots’ original
claims against the Airline for breaching the Transition Agreement were dismissed for lack
of subject matter jurisdiction for failing to state any facts that suggested the Airline was
acting in concert with USAPA toward improper seniority objectives. The Airline’s
incentive to avoid needless liability places another healthy constraint on USAPA’s
bargaining.
USAPA will also be required to negotiate for the implementation of the Nicolau
Award as part of any single CBA, unmodified by additional conditions and restrictions
USAPA would place upon it. USAPA claims that it has the right to impose new
conditions and restrictions, invoking the historical fact that ALPA exerted pressure on the
West MEC to accept some form of “mitigation†of the Nicolau List. This very fact
undercuts USAPA’s request. ALPA exerted pressure because it did not hold unilateral
power to deprive the West MEC and the West Pilots of the arbitrated outcome. The West
Pilots remain entitled to a union that will not abrogate the Nicolau Award without a
legitimate purpose. Any waiver of that right must be “consensual.†[Ex. ## 1034 at 1;
1092; 1094.] A jury and this Court have found the union to be motivated by wrongful
objectives, and abundant evidence supports that finding. It would indulge those
objectives to allow USAPA to alter the Nicolau Award, and it would bestow upon
USAPA an unlawful power that ALPA neither possessed nor asserted."