eTicket,
If the courts rule in favour of Unite, then they gain a favourable negotiating position. Say average crew compliment of 9 and 200 flights a day for 3 months, then £50M in crew down payments owed (absolutely fictitious figures, so please do the maths).
Unite then say we want to protect future earnings of all current crew to counter any threat of New Fleet, but for the future of BA, accept a bit harder work, with a very quiet sweetener. Work out a mechanism to do this and shake hands outside of court.
Or is that a dream?!