But the arbitrators (remember, there are MULTIPLE arbitrators) also said this regarding the construction of their "hybrid model" (remember that term) in THIS SLI, ......."We inquired as to where the respective groups have been and we have made reasonable judgments as to where they were going. We attempted to recognize reasonable expectations of both premerger groups, but rejected proposals that could not be reconciled with governing merger policy or resulted in untenable windfalls. As in all such seniority integration exercises, the fairness and equity assessment is focused necessarily on the respective groups, not on each or any individual pilot."

It would seem that the arbitrators looked at each groups pre-merger reality (where they had been, where they were going, expectations) and the elimination of windfalls.

Where was the West GROUPS pre-merger reality ?

Was realization of the Nic an imminent expectation at merger contemplation or completion with AA ?

Later they said in regard to George Nicolau's "four basic varieties of ISL arbitration", that "each case turns on its own facts". I think even old George himself would agree that the "facts" of the Nic (for right or wrong) have changed as a result of its lack of consummation coupled with a subsequent merger and SLI with American Airlines.

Again, the complexities and facts of THIS SLI make the assumption that the Nic will prevail very questionable. It will be one of the major questions for the arbitration provided first, the West even gets recognition as a party to the SLI.

I'd think that would be in the realm of possibilities or perhaps if the Nic is adopted, the pre-merger "US Airways" flying.

I thought you were an AA guy. Maybe that was a mistaken assumption on my part. Are you AA or US west?

Arbitration is not a forgone conclusion, and any future right of participation in such arbitration is not certain, which is completely contrary to some implicit assumptions of certain West posters.

Personally I don't care if it goes to arbitration, or who gets to participate, though I have my opinions about the probabilities.


Yes. And all of us will be just fine, unless we bankrolled all the legal fees to secure the Nic.

I noticed that Eagle had a tag line about being a USAPA punching bag. I have no intention of being one. You are 3000 posts ahead of me and I had some catching up to do. USAPA has 5 pages of press releases, Leonidas has much more on the history, court docs, articles, etc. I have the opinion the Nic will not be used. I have concerns that the pattern of lawsuits will continue. There seems to be a pattern of shifting positions, depending on which way the wind blows with former ALPA members who hold or held positions with USAPA. I'm seeing inconsistencies. In your mind that makes me or anybody else who dares to question anything a West guy.

http://www.usairlinepilots.org/index...=88&Itemid=524

Anything is possible obviously including the west not getting a seat. It all comes back to when the arbitrators believe the east and west merged or didn't merge doesn't it? So what is your educated opinion on what a reasonable person would say.when or was Usairways ever a single airline?

If there is an arbitration panel, it all comes down to what question(s) is(are) before them to arbitrate, and the premises they accept as relevant to the said question(s).

The arbitrators will have no difficultly ignoring irrelevant questions and information.

Exactly, so what questions will be before them if the west gets a seat?

Well, I guess we read the PA differently.

Well, it's just my opinion. US Airways was a single financial entity with separate flight operations - East and West. There was no mixing of crews or fleets. If the arbitrators choose to ignore their actual separation for pilot integration reasons and instead place their weight on the technical aspect of being a single financial entity, then so be it.

Neither UAL nor CAL had that pre-merger issue though.