If it's "lunacy" to not allow the rules to be changed retroactively, so be it. Not sure what "TA" you are talking about. If you're talking about the protocol agreement, the merger closing has already taken place so that section is moot.
Section 3
Suspension and Resumption of Separate Negotiations and Mediation
3-A. Suspension of separate negotiations and mediation.
Subject to Sections 2-K and 3-B, the Parties will suspend their present negotiations under the RLA for new separate collective bargaining agreements, and United and ALPA will jointly request the NMB to administratively close the current mediation between them.
3-B. Resumption of separate negotiations and mediation.
Continental and ALPA will resume their negotiations for a separate agreement under Section 6 of the RLA, and United and ALPA will jointly request the NMB to reopen their mediation for a separate agreement under Sections 5 and 6 of the RLA, (i) within thirty (30) days after termination of this Transition and Process Agreement, or (ii) at the option of any Party on fifteen (15) days notice to the other Parties, if by May 1, 2011 the Merger Closing has not taken place, or (iii) at any time by agreement.
3-C. RLA.
Except as specified by this Transition and Process Agreement, each Party retains its rights under the RLA.
Section 4
Separation of Operations
Continental and United will keep their flight operations separate until the
Operational Merger Date, or except as the Parties otherwise agree, specifically as follows:
4-A. Collective bargaining agreements.
The Continental CBA and United CBA will remain in effect for the respective Airlines and Pilot groups in accordance with the RLA except as modified by this Transition and Process Agreement or by the JCBA, or except as an Airline Party or Airline Parties and ALPA otherwise agree with respect to their particular CBA. Until the effective date of the JCBA, each of Continental and United will continue to operate under their respective Pilot CBAs as modified by this Transition and Process Agreement and by other agreements that may be entered into by ALPA and one or more Airline Parties with respect to their particular CBA.