Think of it this way - What if the company came to ALPA with an innovative plan to survive the COVID downturn. In exchange for furlough protection and a one-time 2% raise, all pilots would go to First Officer pay scale for five years. If certain growth and ASM metrics are met, the company can extend the deal to 10 years.
ALPA puts it out for ratification. Pilots vote it down. Company puts everyone on FO pay anyway, and in response ALPA takes it to arbitration.
ALPA argues that the CBA is being flagrantly violated. Company argues that even though they are violating the CBA, it helps the financial bottom line and should be allowed to continue.
So my question is this - from the arbitrator’s point of view, how is the current situation any different than this hypothetical situation?