Here is the direct link:
http://www.ca9.uscourts.gov/datastor...4/09-16564.pdf
The majority said the claim was not ripe. They used the seniority issue to base their decision on the fact that because there was no contract in place there was no definite seniority list. The majority said that this was all a contingency (8006 - 8007) para 5. Thus they did not want to set a precedential ruling on a case that they felt had not progressed to a definite contract status that harmed the West, even though that was the stated goal of USAPA (8009) para 9.
The court did not take into account that the Nicolau award has been accepted by the company. Footnote 3 on page 8008 says that "USAPA is at least free to abandon the Nicolau award as was it's predecessor, ALPA." ALPA was not free to abandon the award and they did not do so because Prater eventually did submit it to the company and Parker did accept it.
Footnote 1 on page 8008 does state by the majority that "By deferring judgicial intervention, we leave USAPA to bargain in good faith pursuant to its DFR, with the interests of all members - both East and West - in mind, under pain of an unquestionably ripe DFR suit, once a contract is ratified." So USAPA is still under the judicial gun to negotiate a contract that has the West pilot's interests in mind. They are free to try to get their DOH seniority list put in the joint contract but they will be liable for a DFR suit if they do. Also, since the company has accepted the Nic award the company will in the future be liable for damages to the West pilots as well, if the West pilots are found to be harmed by USAPA's future actions.
We realize that we have to pay for all this. We will be raising funds to continue the fight since we are really close to justice. The bottom line is that all 3 justices plus Judge Wake felt that the West pilots have been harmed or have the potential to be harmed by USAPA; the two 9th judges felt that the timing was not right for the DFR case to be settled and they were not going to set a precedent in this case. Again, this case was about timing, not whether we had a valid case or not. USAPA can spin this all they want but in the end they still have to represent the West pilots in a manner that does not hurt the West.