This is one time when the environment will dictate for the owners. I say that the upcoming litigation sets the parameters on issue and will force parameters for conduct upon the owners. This will send them back to negotiations, as that is what has to occur at some point.
I don't think owners want to come clean and become a protect and benevolent element. They will have to become practical after the court kicks them for misconduct that owners are trying to get away with by shifting protective veils for operation. Curtain one, two, or three won't help with punitive damages as well as legal remedies that shortly be provided by court action.
Myself, I feel they can cry through appeals all they wish, but if need for expenses continue to accumulate for themselves as they would then project, then they will defeat any 'associated' reasons that would by default fall their way.
The National Economy triggered the rider elements adjoined by the previous CBA under Eugene Upshaw. But now, those tacked own elements the owners were hoping would give labor exemptions ground, are being beaten up by punitive acts involving contract ignoring and removing an exemption status under anti-trust and previous rulings.