Again read this and tell me what is the legal question:
CONCLUSION
The Transition Agreement is binding on USAPA, both under ordinary principles of
contract law and under the status quo provisions of the RLA. That stated, USAPA can
propose amendments to the Transition Agreement, subject to its DFR to the West Pilots.
US Airways takes no position on the question whether USAPA would, or would not,
breach its DFR by insisting on (and entering into a CBA with US Airways containing) a
date-of-hire seniority list under the circumstances of this case. Instead, US Airways
respectfully requests that the Court resolve that issue by granting summary judgment in
favor of either the West Pilots Class or USAPA on either Count 1 or 2.
So there is no question that usapa inherited and that the Nic. is the current SLI at usairways. The only legal question is if usapa can replace the EXISTING list with another that benefits the majority over the minority.