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Brady does not need to wait for Dean Wormer. He can sue their azzes right now if he wanted to.
I don't believe that many federal judges are going to consider anything until the labor deal process has been exhausted. Some continue to forget that a legally binding contract is in place.
Even then, the judge is simply going to push hard for resolution through neutral arbitration, which is what we ultimately want. There are many unknown variables even in a best case scenario, such as who that neutral arbitrator would be.
Edit: unless you are speaking of a defamation case, which is probably very unrealistic in my opinion.