RE: what other way is there?
How do Doctors manage?
doctors manage the same way as all other professions - their promotions are based on sucking up to the head honcho, what your golf score is and how much you are prepared to 'go the extra mile'.
Ive spent 15 years in a previous career where that was the case, and 5 years in an airline where you were expected to "do a favour" for the company in order to get anywhere. I don't want to go back there, so I quite like seniority thank you very much. As I expect do most people who have actually experienced the alternative.
A previous poster had it bang on - BMI need to get their stuff together and work our where the wriggle room is and what really can, and needs, to be negotiated, rather than banging on about a seniority pipe dream thats not going to happen.
The best lawyers / negotiators / salespeople / bankers etc are the best because they don't ask for things they are clearly not going to get, they know where the negotiating battlefield is and they know where they can and can't push.
As for the legal challenges - well good luck. I have no idea what the outcome will be, however I can pretty much guarantee that I will be retired by the time its resolved (and i've got 23 years left to go!), and those challenging it will be broke. . Even fairly obvious black and white employment law issues take 5 years to go through the system.