Originally Posted by alfaromeo

I bolded the part above because it makes my point exactly. Judge Silver had no new seniority regime to measure against when she ruled. If you look at an extreme example, the new list at AMR could have all the West pilots stapled to the TOP of the list. If that occurs, then what would the West pilots have to complain about, what would their damages be?

The new list does not have to be the exact Nicolau. That is why I say "as good or better" for the West pilots. There was an agreement to merge the AAA/AWA lists through ALPA merger policy. That was done and the list was accepted by the company per the negotiated agreement. Now a new agreement is negotiated where the West pilots are in the minority. The company and the APA must have an "objective justification for its conduct". That is what the courts say.

So you are right, seniority lives in the contract. Contracts have to be fair to the minority as well as the majority. At some point there will be a list to measure that fairness. If that is not the Nicolau list then people are going to have some 'splainin to do. Maybe the courts will buy whatever story they come up with. Maybe this will drag out for another decade of court actions. Or, everyone can just use the Nicolau award, "strong evidence of a fair result" (as said by Judge Silver) and avoid this mess.

My guess is that "strong evidence of a fair result" will win.