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That is a interesting take, and one that makes some sense. But if I read the OP correctly, Fienstien thinks the case has far reaching potential that go beyond the narrow confines of sports union/management relations. It is the reason why the AFL/CIO bothered to write its brief. They see the potential for management to use this precedent to further erode the arbitration process in their favor.
Oh, you're certainly right about that. Feinberg wants the panel decision wiped out because he thinks that it'll eventually be construed as to bleep over arbitration in general. He's worried (IMHO) the judges aren't thinking that way -- that they're thinking there isn't general applicability because of the uniqueness of the CBA -- but they're wrong about the consequences of their decision. Hence his filing the brief (with no doubt some phone calls from Olson to help ) which (IMHO) he hopes leads them to think "My god, what did we just do?!?"
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