Having the SCOTUS hear this case would have been interesting. It would also have likely slowed down the resolution process to an absolute crawl. There is simply no telling how long the DFR I case would take to make it to the Supremes to hear and make a ruling on, and then back to district court and who knows what from there? Another injunction? More USAPA appeals? It would likely have been many more years before a JCBA could even legitimately be discussed if they had taken the case. Getting justice for the west and a definitive legal ruling on ripeness outside of the extremely poor job done by Tashima and Graber would be a benefit to all, but it would have been very painful from a time delay perspective.
Now, the DJ can move forward and judge Silver can make her ruling. If she tells the company that the NIC cannot be legally disregarded, then USAPA will either have to accept the NIC or admit to their membership that no JCBA will be forthcoming. If she gives the company a legal pass on a hybrid-DFR by claiming that seniority is an internal union matter to be decided and resolved by the union and its membership, then USAPA can move as quickly as they like to get all the open sections of the JCBA closed and out for ratification. My guess is that TA would essentially be the Kirby with DOH for section 22. Once ratified, it’s back to DFR II (non-hybrid) where USAPA already lost once, save for the unquestionably ripe part of the case.
Any way you slice it, not having the SCOTUS take the case, moves this issue much closer to a resolution. USAPA will be out of excuses as to why they cannot produce a JCBA with industry leading rates and DOH. They will either produce the contract the east voted them in to attain, or they will have to admit to being incapable of producing the same. If I were a USAPA supporter, I would be less inclined to view that the SCOTUS denial as a victory and would be far more concerned about the implications that this brings for USAPA’s house of cards.
USAPIANS:
LOA93 grievance – do you really want to hear the result?
Company DJ filing – do you really want to hear the result?
JCBA – do you really want to know what the best contract USAPA can negotiate once they can’t hide behind the section 22 dispute any longer?
I know I’m ready to see all of these things come to light. 2011 could be a banner year for seeing USAPA fail on every issue of real importance.