I am sure it will end up at the 9th, sometime this month. Seeham will be filing away frivolous BS (expensive frivolous BS) in order to get a ruling that Silver is wrong, and that there is a ripeness issue.
The problem is Barrister, contrary to what usapa legal has fed their supporters, is that nowhere in the 9ths ruling on Addington did the 9th say, "usapa does not have to use the Nic". Further, the company was not a part of Addington and the 9ths ruling, so there is nothing that says the company does not have to abided by its contractual obligations (the TA) and collude with usapa in the DFR DOH quest.
The company's DJ says it fears one of two outcomes.
1. Use a non-Nic and get sued by the West. With a jury verdict already determining that to be a DFR, and the 9th circuit failing to address merits.
2. Insist on the Nic, and face a work stoppage from usapa.
Silver will not tell the company they have to use the Nic. Silver will tell the company, of those two options, you decide which you can manage better.
It would seem to me that the NMB mediator would never release over insistance on using a final and binding arbitrated award, and if the job action the company fears is an illegal one, well they already have the means for redress. However, it is much more certain that the West will sue and likely win for the use of a non-Nic list.
So, it won't be Silver saying you got to use the Nic, it will be the West pilots. BTW, the 9th already told usapa this in their "pain of unquestionably ripe" quote.