Meanwhile, a bill in the City Council that was introduced to do an end-run around the court case altogether has been sitting in the Committee on Housing and Buildings for years. The legislation would have codified the rules favorably to Local 14.

"I don't want to trust the safety of our people to a national exam when we need to make sure [operators] are prepared to do the work and have the experience here," said City Councilman Benjamin Kallos, the sponsor of the proposed legislation.

The bill has a veto-proof 34 co-sponsors. But with the city's Law Department on the opposite side, the mayor would not be likely to ever sign it.