Except that getting ripeness “right” according to the 9th hasn’t done anything to move the process along towards getting a better contract. It also didn’t do anything to ensure that USAPA’s DOH proposal would be accepted by Management. Think about it this way – if $eham and Cleary were so convinced that they have the correct interpretation of the laws and facts, then why would they have appealed to the 9th on the grounds that the case wasn’t ripe? They had a golden opportunity to let the judges at the 9th look at the merits of the DFR case and presumably put this whole issue to rest by now. Instead they played the ripeness card and accomplished precious little for any of the pilots at US.
So if they and the east faithful were fully confident that they were correct, then who cares about ripeness? They should have let the merits be evaluated on appeal and if there was any real “spanking” to be handed down – it would have come in the form of the 9th ordering the dismissal of the DFR charges, not lack of jurisdictional ripeness. If $eham had won the DFR appeal, Management may have capitulated on the NIC and then USAPA could have gotten down to the real brass tacks of negotiating a JCBA. It is very telling that $eham rolled the dice with most of his time before the 9th arguing on ripeness rather than confidently laying out his case for why abandoning binding arbitration was both justified and lawful given USAPA’s DFR responsibilities. So what you call a “win” I see as nothing but a minor delay in the process of justice being served.
In sum, why fight ripeness when you are so convinced that a DFR and the subsequent damages will never happen if/when the conditions for unquestionable ripeness ever do occur?