A couple of things cacti, with the clear understanding that I am not an attorney.
You say that you guys will file suit as soon as the deal closes. I figured as much. But, and maybe I'm reading the AOL update and Harper letter wrong, but they seem to think it is ripe now. I don't see that. The MOU does not put us all on a JCBA as the AOL update says. It is a pathway to get to one, but many obstacles remain and we very well might not get there. I believe US/UA went a year with merger plans before UA pulled the plug because of DOJ(DOT?) objections and a declining economy. If this merger falls through we are still on our separate contracts with separate ops. Seems like you would need to wait for the JCBA to be completed, have USAPA forward a DOH list, then sue. USAPA could negotiate in a way with the APA that does represent the west's best interests, particularly if their attorneys decide that the really are backed into a corner.
Also, I find this line kind of odd:
"The MOU vote has proven us (and Judge Wake) right: Given enough
money
there never was an impasse."
That is technically right, but not practically. It kind of like saying "There would be no mold on my deck if it wasn't so humid here." Yeah, that's right, but it is humid in the south, hence I get to deal with mold on my deck. The 7 years that have passed have proven there was an impasse. I always said that with enough money that a Nic inclusive contract WOULD pass. But I also said that I didn't think Parker would put forth a contract with enough money. He has been consistent with the message that a standalone US could not, and he would not, pay the same as DL and UA. But, that if we merged with a bigger carrier we could. That's what happened. A merger allowed the higher rates, and the MOU is seniority neutral, that's why it passed.
Why would your attorneys reference a court case that has been dismissed?
I think you guys are jumping the gun again and I hope it doesn't screw up the merger.