Wiskey,
You're putting the cart ahead of the horse here, and even then you assertion seems unlikely to me. For an 1113(c) to even be considered, Parker would have had to get past DL's creditor committee. For all the bluster on both sides, at this point it remains unclear as to where they are headed.
For the sake of argument, let's say Parker wins out with the creditors as you believe he will. I still don't see an 1113(c) coming. Parker doesn't like true confrontation with labor, he likes the illusion of it like the Wolfman. Just like he lets you guys believe that he'll really run two separate pilot groups if he doesn't get his cost-neutral contract, he might let the media run with the idea of filling an 1113(c) to try and scare DALPA. I don't think it will matter anyway because if Parker gets past the creditors, DALPA will change it's tune quickly which may end up being a bigger problem for you than them. Parker's plan is in the open now and it's to frag the combined carrier to appease DOJ concerns. He plans to do this over a 3-5 month period.
That would give DALPA two realistic options. Go ahead and mount a lawsuit over the labor provisions they believe Parker is violating. Popular with the troops and probably what AWALPA would do, but likely ineffective because the way the court system works for labor Parker would have already made deals to frag the combined carrier before DALPA got there day in court. You don't hear too many emergency injunctions filed in favor of labor do you? Option two and the far more likely one is that if they lose the battle with the creditors, DALPA works with Parker to make sure that they get the best deal in any frag.
Look at your own recent history. Parker has played to the UsAirways pilot group more than AWA because they are the bigger group and if he can get them to agree to what he wants all you guys can do is sit and whine because you don't have the votes to stop it. If it ain't broke why fix it? Parker will play to the biggest group here which is DAL. Why do you think he made those public statements about DALPA's contract surviving and bringing everyone's pay up to the highest level? If you read that article quoting Kirby, it doesn't seem like they care whether the divested assets come from the DL or UsAir side. Being on that official creditor's committee, DALPA will know before the rest of us if they are going to lose this battle, which puts them in position to jump the grenade. They can work with Parker, DOJ, Boeing and the other creditors to keep as many of their jobs as possible at the new DAL or make sure that they get the best frag opportunities. If Boeing is involved, you can bet WN will try and get in on this as an opportunity to put more pressure on JetBlue and AirTran.
You don't want to be fragged to a non-ALPA carrier, same would go for carriers like AA or Airtran. Your best of a bad deal would likely come from UA, CO, or maybe NW. Two of those carriers still have pilots on furlough and in a frag the # of pilots taken rarely match the actual number that were working that asset previously. So while you're still whistling about being right vs. the General and others, Parker will be shipping employees all over the industry-all in a whirlwind 3-5 month period. A period in which you still may not have a combined list or contract from your present merger with which to decide who goes where and why. Fun stuff.
My bet is that if this thing is a go(creditors), DALPA files suit loudly to make a public point and eventually settles the scope and other issues after Parker tilts the asset divestitures in a manner that is to their liking.1 113(c)? Why bother? If the boulder has gotten that far down the hill, DALPA will know there isn't much chance of stopping it in 3-5mos and that they can gain more with a change in tactics. As far as labor is concerned, it's out of our hands largely, but this thing is a mess and I don't know why you even joke about it.