It seems a bit much to assume the union believed that saying "no thanks" meant the NTSB would run away with their tail between their legs after a serious incident.
The outcome of this legal wrangling will be an impartial judicial system recording will be made instead of the pilots being recorded by a hostile party. I'm really not seeing a problem with dispensing justice based on impartiality, or with justice being "blind".
They’ll get their interviews.