Wasn't 75% seniority based on a pure Nic inclusion ?

No pure Nic, no 75% "superiority" needed. Another reason I think a complete hybrid is on the way. Freund even admitted the arbs had no requirement to first merge the East/West pilots by way of the Nic as a matter of law, only because in the West's opinion it was the most fair and equitable. If not using a pure Nic provides a more fair and equitable final result and they can justify that, it may be the way to go.

If so, it would dilute all three proposals and rebalance the lists in varying degrees at different places, so no real winners or losers, except those who believe their committee's pure proposal was the only fair and equitable one.