An observation that seems obvious to me (and I'm surprised no one really has commented on this yet) is that throughout all of USAPA's failures and setbacks in court during this process, the continuous mantra has gone something like this...
"You have won nothing. We will keep appealing and filing suits. You have your lottery ticket but can't cash it in since there is no contract. The East resolve will outlast you. Until a contract is voted in Nic means nothing."
Now one small victory later and the all we hear is "We won! Nic is dead! get over it and move on."
Seems to me that until you actually have a contract voted in that does not include Nic, AND it is actually in place and has not been stopped from being implemented by some court that decides that USAPA has violated some other facet of their responsibility, there really is no victory. Just another step along the road to final resolution.
I would venture a guess that the West resolve has also been strengthened, and court challenges will follow. Until the fruit has been harvested, delivered to the table, and is being consumed, all you have is another branch on the tree. Neither side has victory until a single seniority list exists, with a joint contract, and all legal avenues for both sides have been exhausted or at least abandoned.
Which sounds a lot like you are back to where you were... with no clear or definitive word on where, when, or how this will end. Only predictions from both sides.
Let's see. We have:
- New representational election
- Case being heard by the full 9th
- Company not agreeing to go back on it's original acceptance of the Nic award for fear of liability
- Company agreeing to any list USAPA wants but with concessions so deep it would make LOA 93 look good
- New contract implemented as USAPA supporter predict, but case becoming ripe
- USAPA fails to negotiate in good faith with west interests and charged with DFR violation
- Contract passes with DOH with restrictions, West gets injunction preventing implementation while new trial occurs
- Contract passes and west is actually not hurt as much as they thought. Decides to live with it and move on.
- Contract passes with DOH with restrictions and USAPA still gets nailed for ignoring Final and Binding Arbitration.
The list goes on and on. Sounds like way too many variables to break open the champagne on either side.
PS. I will add that it seems USAPA has avoided a damages trial for the time being. So in that it can certainly be seen as a victory at this point in time.