Originally Posted by
cactiboss
Dude, it's not "my" assertion, it's the 9th's. You are confusing 2 separate things here. Two things happened, in laymans terms, the 9th found the mou/pa language violated the law and the 9th refused to tie the boa hands. Forcing usapa to show up with the nic is no different than saying the nic. is the lus list but the boa can do whatever they want just as they can with the laa list. It's not my "assertion", it's the LAW now.
...and so someone "shows up" with the Nic. Dude..........that has already occurred. The West already showed up with it. The fact the 9th enjoined USAPA into X or Y changes nothing. Silver hasn't clarified anything yet. It makes it no more or less likely the arbitrators will use it in pure form then from prior to the appellate ruling. OK, so APA says..........."USAPA must advocate the Nic" or "the East committee cannot propose anything that doesn't include the Nic"
Okay..........so what ?
What is to then stop the East committee from arguing a position that includes the Nic, BUT recognizes and acknowledges that three separate pre-merger groups existed and proposes their OWN fences on the East side ?
In the past, West pilots vehemently attacked USAPA for not representing THEIR interests in this SLI and now are you implying that East pilots cannot represent anything other then the West's beliefs and position ?
Wave the Nic all over the place if it gets you off, but all APA can do AT MOST, is require the East committee to make a proposal that includes the Nic. What and how the East ADDS to that to protect what they believe to be their pre-merger interests the APA won't stop and you can't sue them for DFR for that. Well, you can try, but good luck.
The LAA committee may or may not incorporate the Nic into their model, but if so, will (or should) propose mitigators to offset LAA collateral damage. Perhaps they will propose TWO models, one with and another without the Nic to both give the arbitrators options and also demonstrate their sensitivity to this issue ?
The East should be able to also make any compensation to whatever they propose if their proposal has include the Nic.
I think you're going to snap that string. Again, it appears all you see anymore is the Nic. You sound like you eat, dream and crap the damn thing. It is NO closer to reality as a result of the 9th as they did not require it be acknowledged let alone used by the arbitrators and I doubt Silver will do that either. All each party has is what they had months ago and that is an argument and soon another proposal. You are getting your 'day in court' to argue (thanks to APA) and so you should.
Controlling OTHERS arguments or positions is going too far and the 9th never intended for that.