I don't have it in front of me , so I have to paraphrase.
The 9th mentioned that it is "speculative whether the West's prefered method could be ratified in a joint contract".
This statement was the centerpiece of my reasoning as to why the 9th ruled incorrectly. It showed a lack of understanding of just what it was they were being asked to rule on. The Nic is not the West's "prefered" method, the Nic is the result of a binding arbitration entered into by two pilot groups now represented by usapa. The West's prefered method was advanced to the arbitrator who chose an alternate method based on the merits of the case.
Addington was about a unions DFR to the class it represents. usapa fails that DFR. Regardless of whether the Nic is ratified into a contract, the mere fact that the union refuses to uphold and actively seeks to disregard an arbitration that took place amongst its membership, for the sole purpose of advancing one group at the expense of the other is a ripe DFR, right now.
The fact that the company had to file the DJ case is proof the 9th got it wrong.