The USAPA patented head-slapper is that they could have pulled the very same move under ALPA AND had enough money to be relevant in a merger. Now they only set themselves up for a whopper of a DFR damages settlement - all for nothing!
And the SLI is not the only issue where USAPA has decided to erect a "whites only" lunch counter: Ask USAPA how many west grievances have been pursued, ask them why the west had to pay back a distance learning accounting error and the east hasn't, ask them for details on how many east pilots vs west pilots have been brought up on sec 19 charges due to delinquent dues payment, ask them what is it they don't understand about how "separate but equal" isn't.
If Judge Silver is willing to accept the entirety of the case of USAPA failing to equally represent the west pilots, there will be no shortage of evidence.
I think todays mandate to negotiate is just a chance to see USAPA in action for herself. They will say they are constitutionally incapable of negotiating anything but DOH. I think once she sees USAPA for herself, she will agree with Nicolau's decision.