Not in the context of excluding the Nic. Let's look at the most likely reality; The West ultimately get a negotiating committee. If and when that occurs, APA gives them the same seniority list info as they gave USAPA based on a status quo date of 12/9/13. I suppose USAPA exchanges seniority list info with the West and technically the West would be required to do the same as per the PA. They then negotiate to trim as many disputes as possible from the list and then meet in arbitration to present their list of remaining disputes and begin the process of arguing their integration positions before the arbitrators.

The West will only recognize the Nic (they're committed to that as to inject optionability now is to essentially admit THEY believe the Nic isn't a requirement) and so any integration position with AA pilots will be based on that list. The East will never recognize the Nic and so their integration position with AA and the West will be based on some other ideal. APA will likely propose a pre-merger career expectation list that minimizes windfalls to any subgroup of pilots at the expense of others. The beauty is that any positions discussed in negotiations between themselves are confidential. The award will be final and binding on ALL pilots.

I think the only guarantee of the Nic NOT reaching arbitral consideration is if the West is not granted a merger committee.