One minor technicality Calloway.
That is not quite what the 9th said.....what they said was just in our specific case currently in front of them, the DFR is not ripe until a CBA is ratified....not that a DFR is never ripe until ratification. That is the biggerst part of what is mind bogglingly stupid about their decision.
Although we do not hold that a DFR claim based on a
union’s promotion of a policy is never ripe until that policy
is effectuated, we conclude that, in this case, there is too much
uncertainty standing in the way of effectuation of Plaintiffs’
harm to warrant judicial intervention at this stage.