Well it was supposed to be an important day. Most of the Leonidas guys were there and some of our guys that have been an integral part of the West battle since day one of the merger were as well. We have had pretty good legal analysis from them. USAPA can put forth any list they want but any list that does not follow the Nicolau award will result in a ripe DFR suit. And now the company will be on the hook as well if they accept USAPAs DOH list since the company has already accepted the NIC list.
Judge Silver was aware that Judge Wake found USPA guilty of DFR. She was also aware that the 9th ruled that the DFR does not occur until a contract is put forth. She asked about a 3 way seniority integration with East, West and AA. Problem is there is no mechanism for the West to be represented by themselves since USAPA did away with ALPA and the separate MECs and separate ratification. Any USAPA attempt to deviate from the Nic in negotiating a SLI going forward would, again, be a DFR. Since we have Judge Wake's ruling behind us a new DFR suit would be a speedy trial.
Really, though, in the end this is about the company and their failure to exert leadership. We have a binding contract between the parties - the Transition Agreement (TA). That contract specified the SLI process. That process was followed. Anyone that deviated from that contract is now subject to breach of contract. If Parker wants to get this done then all he has to say is we will use the list that as produced as a result of the TA. That is is safest legal recourse. He has benefitted for 5 years by keeping the groups separate, saving hundreds of millions of dollars. Now, when he has the chance to make hundreds more by combining with AA do you think he will take the easy way or the hard way? I think he will take the easy way out and go with the Nic list in a future SLI with AA. Remember, he cannot be held at fault if he just uses the list produced as a result of the TA. That is the safe legal ground.