Originally Posted by
The Juice
I am no legal expert but I do know this in respect to union arbitration.
The arbitrator’s decision is final and binding in most contracts. Both sides must accept the decision and cannot appeal to any higher step in the grievance procedure. An exception to this rule is noted when one side feels strongly that the arbitrator did more than interpret facts and rights under a contract or set of working conditions. (Contracts often say clearly that the arbitrator cannot change contract language or work rules.) In this situation, the loser may go to court to try to overturn the arbitrator’s decision.
Not saying it will happen but i doubt PNCL Corp will just say "OK, you win" given how stubborn they have been.
The language in this case is so clear that the company would have no standing in court. Overturning an arbitrator's ruling is an extreme rarity, especially in RLA law. I honestly can't remember when the last one happened. This ruling will stand, although the company could certainly try to delay for as long as possible. In the end, however, there will be one seniority list. Period. This was an amazing victory for ALPA. Anyone who constantly asks "what has ALPA done for me lately" now has a big answer.