Ironically, it sets an even worse precedent if the arbitrator sides with Jetblue/NEA and against ALPA. Such a ruling would set the precedent that the scope section of an airline CBA can be flagrantly violated by any company as long as it is in the company’s best interests. It essentially guts the scope section of every airline contract.

You’d think ALPA would be pushing harder than it sounds.

This isn’t even a gray area of Section 1. The company is on record saying the scope section needed modifications (LOA13) to make the NEA legal. Then they said they were going ahead with NEA even if we didn’t give them scope concessions. It’s a documented confession of wrongdoing before and after the fact. No way the arbitrator sides with Jetblue in a fair decision.