Merely a flesh wound, right? If the case is ripe, then the MOU is a de-facto JCBA upon the Effective Date. So Kirby was right in saying that Nicolau won't be used after the JCBA. It will be used prior to that, on the effective date, to merge 2 lists into 1 new one.
Yes the east will probably get another round or two of upgrades in the interim, but the seniority integration will make that a hollow victory as they slide further into the seniority abyss with every subsequent vacancy bid.
If a jury finds that USAPA is guilty of a DFR to the west, then the east will likely pay damages out of those upgrade wages. APA will not be willing to do anything that could put them on the hook for paying those damages.
I really hate that it had to come to this, all because a few fear mongerers (Bradford, Cleary, et.al.) got so many to believe their lies about the consequences of the Nic which everyone is about to discover are far less than the consequences of USAPA's strategy (if you can call it that).
With power comes responsibility. USAPA chose to jettison both to the detriment of their supporters.
You know the REALLY pathetic thing about all this? Those East Idiots have forced everybody to lose over a billion dollars in pay just so that some of them could capture their$125/hr captain upgrades...the IDIOTS were going to get 2 out of every 3 upgrades WITH THE NIC ANYWAY!
So divide a billion dollars by 1/3rd the East upgrades over the last 5 years...that's how much each seat cost the pilot group. My guess those upgrades cost 8-10 million dollars each. IDIOTS!!