Pretty simple: ASA Holdings is purchasing ExpressJet Holdings. The XJT holding company letter clearly states that it is binding on any successor of holding. Therefore, the holding company letter is binding on the new ASA Holdings. So, obviously, ASA and XJT have to merge. But wait, it goes further! The holding company letter is also binding on any affiliate of Holdings. SkyWest Inc. is an affiliate of ASA Holdings. Therefore, SkyWest Inc. is bound to the XJT holding company letter.
Now, with that said, it's pretty obvious that SkyWest management wouldn't have gone to the trouble of creating a new sub-holding company if they didn't intend to try to fight the scope language by claiming that SkyWest Inc. isn't bound to an agreement between ASA Holdings and ALPA. That means a legal battle will likely result. The good news is that the XJT holding company letter clearly states that all disputes under the letter will be resolved by expedited binding arbitration rather than federal or state court. That means that it will be resolved much faster, and the arbitrator will be far more familiar with pilot contract language.
I think the odds are definitely on the side of the XJT pilots, if they decide to push the issue and demand that the scope letter be adhered to. It's always possible that they'll waive the requirement, though, if they think it's in their best interests.
I can assure you that ALPA scope attorneys have far more expertise than anyone Mr. Atkin could hire. He's probably following advice of Ford & Harrison attorneys, and none of them can be considered scope experts by any stretch of the imagination. They'll put together a good argument, I'm sure, but the author of the scope language is truly a legal genius, and I'd put my money on him any day of the week and twice on Sunday.
So you're arguing for the abrogation of XJT contract language? I swear, you get worse with every post that you make.