Congratulations to USAPA and to Seham. You’ve “won” another long-term delay in the implementation of the NIC. Of course you could have saved both sides a lot of money by simply putting out TA after TA that the east would vote down. No DFR, no district court, no circuit court, no making Seham rich. You sure have paid a lot to get what you could have achieved for virtually no expense at all (outward support of the NIC with a veiled agenda to delay its implementation until most of the east retires).
I’ve said all along that the 9th could rule either way on this, especially since it is filled with wacked out judges who hold the record for being the most overturned court in the land. So two federal judges believe this case is ripe (Wake and Bybee) and two believe it isn’t ripe (Tashima & Graber). Hardly a overwhelming victory, and it certainly doesn’t give you the freedom to implement DOH. That course of action will absolutely put you back in court where you will have a far less likelihood of a “victory” than today’s ruling.
Finally, the company will never negotiate for DOH so the stalemate will continue indefinitely. Until USAPA steps on their own arrogant and narcissistic foot, this issue is in for a very protracted battle. The next best chance for resolution is the NMB which will likely give the company the go ahead for a cram-down contract that includes the NIC. That is still years away but it is probably the next great milestone along this fruitless and expensive journey.