That's just it isn't it? The 9th says we can't even ask if that is legal to do. Btw the TA does not go away unless renegotiated, I.e ripeness. You think the term sheet was written to kill usapa by accident ?

Ok.. So whats next?
The east has time on their side. Our last 190 capt is a 2004 hire!! Next year retirements pick up and 5 new 330s come on line. How long is the west willing to wait??

You do have that on your side, management has obviously picked you guys as the winners.

Enough damage has been inflicted on BOTH sides...Time to move on and achieve a workable solution whereby the pilot group can finally achieve an industry standard contract.. Time to come out of the trenches!! The enemy is not US..

I'm pretty sure that binding arbitration legally overrides your unions adopted by-laws. Binding arbitration was agreed to by both sides, and just because the outcome was not to your liking, you cannot go back and change it after the fact. It would be like losing all your money at the blackjack table, then demanding the casino give your money back.

The real question is what is Parker's best option now ?

Clearly, the two sides are unlikely to agree on anything. No dog in this fight (yet), but if Parker is willing to negotiate a CBA with the recognized union and that union (right or wrong) includes an SLI that is not the Nic, as long as he or U can't be sued, he'd probably be ok with that (not sure if that's possible though). Of course, then the west would sue USAPA for DFR which would take 5-7 years and may be defunct by then anyway in the event of a merger.

This show is almost as interesting as ours is. We're back in negotiations and if a deal comes through, it will likely weaken Parker's chances of an AA merger before BK exit here. Then, just to make a deal, it may result in Parker fragmenting US Airways to AA and others just to achieve some viable path going forward or he may simply elect to kick the can himself and live with the division until some resolution presents itself or most of the U easties retire. After all, he is at least making money.

The complexities of this issue can hardly be written of as a simple analogy...
The Nic award brought to light the pitfalls and inadequacies of the ALPO merger process. As of recent, a new process (MAc/Bond) has now been implemented in order to AVOID a "Nic redo"... All pilot groups aim to benefit from this. Binding arbitration is accepted, as long as it follows certain merger guidelines. It's final product MUST be "Fair and Equitable" on BOTH groups. The Nic award fell well short of its required goal, even under ALPO merger guidelines..

That's just it, they went to court to get immunity from being sued for accepting usapa's list and the judge didn't give it to them. The east is running around claiming victory but they won absolutely nothing as the company is still liable if they deviate from the Nic.

You sure have a lot of opinions for a PSA CRJ F/O. Apparently binding is only binding if ALPA would have been able to get a combined contract. ALPA isn't here anymore. They didn't get a contract. USAPA is free to bargain. Read the 9th circuit opinion, and when it becomes final....read Judge Silver's opinion. As much as the West pilots want to believe that the Nic is it.....it is not. Something else will be agreed to eventually, but it will not be the Nicolau Award. West pilots say that anything other than the Nicolau harms them, but that is not what Judge Silver said yesterday. She reaffirmed what the 9th circuit said. "USAPA’s final proposal may yet be one that does not work the disadvantages Plaintiffs fear, even if that proposal is not the Nicolau Award."

So where does that leave Parker ?

Sounds like his best bet is to kick the can for 5 years while east pilots gradually flop over while waiting for another option to present itself. If we clear C11 with a CBA and this management still in charge, it will be this management that calls the shots on AA's future, for better or worse and U may not be in that plan.