There is no court anywhere that has said USAPA is enjoined to bargain with any list other than the one they choose, according to their own careful consideration of what is best for all pilots (and the West class is bound by court order to but out until it is over). Not ripe for judicial intervention. That would harm the free bargaining rights and responsibilities of the bargaining agent.
The APA and USAPA, at the POR, will establish the protocol they think is best for all pilots, and then they can agree on a new integrated list or they then punt to an arbitrator. There is nothing to favor the use of the Nic other than loud threats.. according to any lawyer's advice... If you have the facts argue the facts, if not, scream like h_ll. The company has attempted to console them by saying "everyone's voice will be heard."
To say what USAPA and APA will actually do is speculative at best and there are still unknown contingencies that will occur before the SLI is completed and incorporated into a final contract, but there is plenty left to scream about.