By your logic, East pilots had zero expectation of their company ever emerging from bankruptcy.
It's doubtful that AWA could have survived without a merger, so I put both airlines on a level playing field with that. Nicalau disagreed, but many would argue that he shouldn't even be looking at hypotheticals anyway.
A 5 year fence on the currentnumber of widebody/international positions would be a far sight better for East pilots than what they got via the Nicolau decision, would it not?
True, but we now have the advantage of 20/20 hindsight. The AAA MEC certainly expected a better outcome than what they got. I was shocked at the decision, and I'm sure most of the AAA leadership was as well.
Besides, it would be completely unreasonable to prevent former West pilots from benefitting from any additional widebody/international growth that would take place.
It's not unprecedented at all. The Northwest/Republic merger resulted in a fence of nearly 20 years that kept the "green book" Republic pilots out of the wide bodies. The Republic pilots had no expectations of ever flying that size of equipment, so they weren't entitled to the slots until the "red book" pilots had their chance. Seems perfectly fair to me.
The problem here is "reasonable" expectations...and on the outside looking in it certainly appears the expectations and desires of West pilots were a helluva lot more reasonable that those of their East counterparts.
Agreed, but that doesn't really factor in to what the EC and the courts will look at when determining whether merger policy was properly adhered to.