What's up Shooter, I'll try and answer that one.
R&W is half right. Last March in an open letter to our MEC, mgt suggested that both parties petition the mediator for release. Fat chance we were going to do that then, but to my knowledge mgt did in fact follow through and submit their petition which is still valid.
Our MEC has stated quite clearly that if no appreciable progress is made during the next sit down Sept 19-22, then we will submit our own petition for release citing an impasse. It is then up to the mediator to decide if an impasse does in fact exist and pass along his finding to the NLRB for a vote as to whether or not to release both parties and start the 30 day cooling off clock. This last part I'm 70% sure of. The mediator does not release the parties, he only passes his findings on to the larger body of the NLRB and they then review and vote on it.
As for dropping the action in the 9'th circuit court, at this point in the game, it's really out of our hands. If the ULP claim is left to stand, every Scope Section of every ALPA contract representing 60,000+ pilots will be unenforceable and thus wrothless.
Please understand, I don't want your job. No Astar pilot worth his or her salt does not want any ABX Air pilot's job. And the 5% lunitic fringe that says they do don't frapping matter because they are only 5 frapping %. DHL will be made to honor our contract. But it can not be done at the expense of an ABX Air pilots job. In a nut shell, I want DHL to pay, but not with an ABX Air pilots job. I believe that can be accomplished If we are to prevail and we get our date with the arbitor.
I'm not trying to change your mind on all this, I know I'll never be able to do that. But at least I can let you see my position.