Oh for God's sake. She NEVER said USAPA can use their DOH list without reprecussions. She said what the 9th said: USAPA is free to hang themselves if they want to. You are free to shout "Fire!" in a movie theatre too but don't count on your right to free speach to protect you. Same principle. Let's also not forget that Silver also stated, emphatically I might add, that the NIC was FAIR and she reiterated several times that the Union was willing to tread "dangerous ground" if abandoning it. USAPA has never understood what their roll actually is as a Labor Union. That's because it was formed for use as a weapon...the antethesis of their actual legal duties.
She can't force anybody to go to Arbitration. She can issue the Injunction as requested by the Plaintiffs or find it not ripe. Everybody but USAPA says it's ripe. Let's not forget that the company...the only Lawyer she let finish a sentence....is emphatic that the MOU is a new CBA. Which completes the TA requirements to implement the Nic. The TA was never amended to change the requirement to accept and implement the Nic. Just because USAPA demands it, doesn't make it so. Your C&BL's, internal BPR procedures, etc are all pointless irrelevant issues as far as the law is concerned. At least in the face of a Ripe DFR.
USAPA has a choice: Neither of them are palatable.