This will be interesting to see where this goes.
I can not but think management out smarted us yet again. Not really out smarted us, but just another reminder that they hold all the cards. Lets go back to October of last year. When the company unilaterally altered the PS plan to have an October pay out. At that point they created a new "past practice" by showing they can make changes to the PS plan and compensation of its employees. This bolsters their case that the changes to the 2016 PS is normal business. The argument will be the pay rates had to change at the same time as the pay going into the 2016 plan, hence early.
Not that I agree with them, this is just what the neutral will have to choose from.