Here is the most surprising nugget that I took from Silvers ruling. Very interesting if true...

"The parties have not explained how the process contemplated by the MOU could
ever take effect. The MOU contemplates the need for arbitration but also requires the post- merger carrier remain neutral. Under the Court’s reading of McCaskill-Bond, there will be no need for arbitration because, based on explicit language in the MOU, prior to the arbitration, there will have been an election and there will be only one certified representative for all pilots. Simply put, with the carrier having promised neutrality, there will not be two parties to go to arbitration. Whether the post-merger carrier’s promise to remain neutral regarding seniority violates the obligations imposed on it by McCaskill-Bond is an open
question and one not presented in this case".