I've read over the PA quite a few times since it's release. My feeling is that it won't allow the Nic to be used. A lot of different thoughts and ideas have been put out there, but I like to try and read the actual language and figure out what it really means. Here's my take:

The first question is will a separate merger committee even be allowed for the West pilots? My first inclination is the preliminary arbitration board will say no. It boils down to the simple fact that the West pilots are legally represented by USAPA for SLI purposes, as are the East. The process must be consistent with the M/B process, and that process doesn't allow separate representation, as Judge Silver reiterated. However, anything can happen in arbitration...

So the next question is what happens IF the West is allowed a separate merger committee? This is a little more complicated, but if you read carefully through the PA, the process seems quite clear. So let's assume the West is granted their own merger committee.

The PA quite clearly spells out what can be negotiated. The West committee, if allowed, MUST follow the protocols set out in the PA. Paragraph 8 deals with a possible West committee. And if allowed, Paragraph 8.C.3 says paragraphs 2 and 5 will be reconsidered.

Paragraph 2 deals with the exchange of employment data. So the West will get to verify their own list. Paragraph 2.b says the lists used will be the status quo lists in effect on December 9th, 2013. That's not the Nic. So here the West is tied to using their own separate list in negotiating the items as defined in paragraph 5.

Paragraph 5 defines what is to be negotiated. Paragraph 5.a says the merger committees will negotiate "matters referenced in subparagraph b". So the West will be tied to these items. These items basically define what each party brings to the merger. Pilots, planes, staffing formulas etc...

Paragraph 5.D says the merger committees can limit the arbitration panels authority. They can define exactly what the arbitration panel is to decide. They can "limit the issues to be submitted to the Arbitration Panel for resolution." Paragraph 11 further backs this up as it says that the arbitrators will receive the "stipulations" prior to even beginning the arbitration. I don't think the arbitrators will be given the authority to even consider the Nic.

Paragraph 5.E says "No position nor anything said by any participant during negotiations shall be admissible in the seniority integration arbitration." So even if the West tries to discuss the Nic in negotiations, it can't be mentioned to the arbitrators.

Lastly, paragraph 15 says the integrated list resulting from this process, "whether arrived at through agreement or arbitration" will be binding on everyone.

It's interesting they mention "agreement" in paragraph 15. My personal belief is that they will agree on a integrated list without the arbitration process. There will be a few minor sticking point that they will submit to the arbitrators. The arbitrators will be limited to ONLY those items. Then they will rule and put out an official list that was legally produced through federal arbitration...

Just my opinion...