All good comments regarding Captain authority and MEL, but this thing has very little to do with either and everything to do with the seniority battle between USAPA and the former America West pilots. The unfortunate thing is that if/when there is a legitimate safety issue in the future, USAPA will be the little boy who called "wolf."
That's a very strongly worded first posting. Pilot unions usually aren't in the business of using operational safety issues as an excuse to win their seniority demands. Maybe I'm thick but I fail to see the connection. Care to enlighten us?