“While the NMB’s decision to release the parties from mediation comes with a proffer of binding arbitration, the proffer, under provisions of the RLA, must be accepted by both sides, with history suggesting mutual agreement will not occur. Indeed, were the parties so inclined, they could have agreed to binding arbitration while in mediation. “ - Railway Age, https://www.railwayage.com/regulator...rail-shutdown/

Some one asked when arbitration would occur in section 6- the answer is 1)when required by an agreement between the parties (previous CBA, LOA on how negotiations are to be conducted, or mutual agreement) or 2)at the end of the NMB process when the mediator doesn’t think mediation will lead to a mutually agreeable solution. In the second case, both parties must agree to arbitrate the remaining disputes, they can not be forced into binding arbitration by the NMB.

Atlas fell under the first exclusion, they had a CBA that required binding arbitration in certain circumstances, and one of the conditions that required binding arbitration arose. I believe Atlas Management and the Pilots at Atlas have come since to an agreement to remove that clause from the contract for future use because of the last arbitration.

Going forward, there is nothing in the AA contract that would require arbitrating in section 6 (that I am aware of), and I don’t think it will be agreed to by both parties at the end of mediation, if mediation is ever started at AA.