The mediation board could always end the union's stalling game by declaring an impasse.
Eastern wants the board to declare an impasse and start a 30-day clock ticking.
The two sides have declared an impasse and will go to binding arbitration.
The News declared an impasse with the union when the strike began last July.
Talks have stalled, but union officials said they did not want a Federal mediator to declare an impasse.
Not till last month did the board finally declare an impasse, setting the stage for a strike or lockout on March 4.
The owners declared an impasse and implemented a salary cap the following day.
The lawyers suggested that if the owners declared an impasse, they would do so with potentially great legal risk.
But in May 1997, the hospital declared an impasse and was then free to impose cost-cutting measures.
The mediation board, which governs bargaining in the industry, declared an impasse last month.