Originally Posted by wjcandee

Nothing you mention is preclusive.

And the point is not that the argument on either side would be guaranteed to win, because nobody can predict that with absolute certainty. The fact is that all the company needs is a colorable argument that wouldn't get the lawyers disbarred in order to tie the union up in litigation/arbitration for years before Person 1 was hired at ATI or Omni. Look at what 1224 is doing on the Atlas/Southern combination: (admittedly oversimplifying) it is saying that the plain wording of two contract provisions should be ignored. I doubt the lawyers are making that "creative" an argument because they're confident they're gonna win that one; I presume they're making it because: (1) like every Hail Mary pass, there is a slight possibility that they might win; and (2) it ties things up and interferes with the company, which is leverage towards a negotiated settlement.

My only point in engaging about any discussion of all of this is just to say that if ABX management is as devious as people believe, one might not want to just assume that other ATSG airlines will ever actually be forced to give jobs to ABX pilots.