I will be the first to agree when the East was told by the arbitrator making the list that DOH wouldn't fly, and then they came back with DOH or nothing again... wtf were they thinking??
But aren't you guys doing the exact same thing? You are saying NIC or nothing. You are being told in court that the NIC may not happen. And all you come back with, or go all in with, is NIC or nothing... Don't you think another "wtf" is in order??
We are being told by the court that if the Nic does not happen then we can sue....
Further , we are being told by 3 of the 5 judges that have looked at it, plus the jury, that if we sue...the scab union is likely toast..
Also, it looks as if the company lawyers agree with us, and know that if the company agrees to a non-Nic...they have colluded in amending the CBA to specifically allow usapa to fail in their DFR to the West.
That is a whole lot diffrent then not working with the arbitrator when he specificaly tells you your position is just not going to happen...But, hey, the company also told them they ain't getting DOH, before the arbitration, and after, the first attorneys they asked said, "do not tell anyone your reason for voting a scab union is, because any judge that looks at it will not be on your side",,,,,then they met the union busting little lawyer they since had to fire.