Swan,
In regards to this and the previous post addressed to me.
I totally understand the 9ths opinion. I completely get the ramifications of the opinion.
But, a couple of things. The 9th made conflicting statements in their dicta, and the biggest ones you quoted above.
First they say, a union does not have to effect a policy for it to be a DFR, the mere promotion of that policy could be a DFR, (and in this case is exactly what usapa was found guilty of by jurty verdict ).....but usapa has not effected the policy yet??? so case dismissed??? That is a conflicting statement that does not address the verdict.
Second, they point out the deference in regards to "internal union matters" yet ignore that this internal matter was resolved by binding arbitration and never even mention that fact. They did not want to make a statement that, hey a uniion can just ignore arbitrations, or arbitrations are meaningless in the context of unions for obvious reason, so...they just ignored the facts. They called the Nic.."the West's preferred method" or some BS like that, not the result of arbitration etc..
Here is what I learned from this BS. The court system in this country has very little to do with the dispensing of justice, and everything to do with self promotion, running a legal industry of lawyer and judge employment, which falls entirely along political lines. Wake and Bybee (both republican apointees side with contract law and arbitration) Tashima and the other affirmative action judge (both Democratic appointees side with labor and unions rights).
So, go ahead and make their day and continue the reneging whining til your hearts content. But, the Nic is and will remain the only accepted system seniority list at LCC. Just no getting around that, and no getting around the fact that any future players are not going to waste their money on your temper tantrum.
PS. your cordial post was reciprocated in kind.