I think there was only 5. However, the suit demonstrated that many folks who were on military status (not just those in the suit) were improperly treated. So, the reason for the hold back was that CAL figured, that if and when they lost the suit, they had to air on the conservative side and determine an estimate that would cover all of their transgressions if the award went against them. So, why hold back 5% if only 5 pilots filed a suit? Because, if management lost, they knew they would have to make it right for everyone they screwed.

Those original 5 pilots were only owed about $2K each. And, they tried to get management to make it right for them before the suit was filed. The CAL MEC wasn't interested in making it right for them.

And, the lawfirm that ran the suit (pilot law), is run by a legacy UAL pilot, and ALPA member in good-standing. I am sure he had mixed feelings about bringing ALPA into it, but likely had not choice as the CAL MEC had a joint role in enforcing the R&I components of the cba.

The interesting thing is this: ALPA was taking dues money from all pilots, to include those CAL ALPA members in good standing who were paying dues money to insure that the CBA was being enforced and maintained properly. The CAL MEC owed a duty of fair representation and enforcement to those military dues paying members in good standing. They should not have their rights abrogated in any way.

Keep in mind, that pre-merger the legacy UAL MEC and legacy UAL were in deed keeping up with their obligations under the law and under the cba. So, one way to look at it is this: Kudos to legacy UAL MEC and UAL for enforcing the cba and insuring their military dues paying members in good-standing were being properly compensated in their retirement fund. Way to set the example and way to go for showing legacy CAL needed to fix their accounting scheme.

I believe something else learned during discovery was this: those on leave, not just military leave (some pilots), were treated improperly as it relates to B fund contributions. All kinds of incongruities and irregularities were discovered during the audit of the B funds (contract '02) of pilots on leave. maternity leave, military leave, medical leave. If you had a leave of absence and were a legacy CAL pilot I would audit my B fund to see if you were shorted.