The NMB takes into account whether a job action would create "a threat to commerce". Competitive issues are considered somewhat, but are not a major consideration. If we struck, SWA and every other carrier would pick up the slack in a heartbeat. If SWA struck it would impact NATIONAL commerce, and the NMB, PEB and Congress might not allow a strike. This is why airlines are under the RLA to begin with.

The company's ability to profit while paying their debts, including those of a newly negotiated CBA, can (and has) lead to bankruptcy immediately after the CBA(s) ware settled (UAL/USAir 2000). We were coming off 6 years of losses when contract 2007 was negotiated. We filed for bankruptcy less than 2 years later. That was tough to negotiate for raises against, while the company was pushing for concessions against that backdrop.

F9 has been printing money, and bragging about it, at every turn. Our ULCC business model puts us at competitive ADVANTAGE. This is going to be a war of attrition, and the company is going to run every second of the (hopefully short) clock.

This is off of the NetJets' site, but does a good job of the RLA process PRIMER: Railway Labor Act