Originally Posted by
formerdal
Actually, if you'll read the entire context of the injunction you will see he cannot. He has already considered the request to unilaterally impose the NIC and stated he could not do that. If he can't do that he certainly cannot IMPOSE a contract on anyone. Not outside of Ch.11 anyway...
I believe that is an incorrect statement. He didn't consider imposing the Nicolau award because the plaintiffs withdrew the request. See footnote 16.
16 Plaintiffs originally sought relief directing the Airline to begin using the Nicolau Award for promotions and furloughs by a date certain, even if a new CBA has not been finalized.
Plaintiffs withdrew this request during bench trial proceedings. [Doc. # 485, at 58.] For this reason, the bench trial testimony of Plaintiffs’ witness Brian Stockdell regarding Airline logistics is not considered and does not affect the analysis.