In her order, not only did Judge Silver dismiss the West's request to change the language, she said that as long as USAPA's list serves a legitimate union purpose it does not represent a DFR. I would think that upholding it's own constitution would be a legitimate purpose, or even just the concept of getting a ratifiable contract, as the Ninth itself stipulated would not happen with the Nic as the seniority proposal.
Now that the Union's right to negotiate has been established, I think that any further attempts to restrict those rights through legal action should be met promptly by a SLAPP lawsuit.
Judge Silver blew the West's case right out of the water. Not only no Nic now, but no DFR later! She said so in her ruling. I'm sure that Marty and the Doc will need to pay for their big houses that AOL is finacing, so desperation will be the word of the day.