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§ 1113(c)

In re Alpha Natural Res. Inc.

May
24
2016
Ruling
Debtor coal company could reject collective bargaining agreements and modify retiree benefit obligations.
Issue(s)
Could debtor coal company reject collective bargaining agreements with union and to modify retiree benefit obligations to the union funds?

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Commercial opinion summary, case decided on May 24, 2016 , LexisNexis #0616-101
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In re MCD Plumbing Inc.

Jul
23
2013
Ruling
Motion to reject collective bargaining agreement denied where union had good cause to reject debtor's proposal and debtor could reorganize absent rejection.
Issue(s)
Whether a debtor, which was a contractor, was entitled, pursuant to 11 U.S.C.S. §1113, to reject a collective bargaining agreement with a labor union.

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Commercial opinion summary, case decided on July 23, 2013 , LexisNexis #0813-130
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Northwest Airlines Corp. v. Association of Flight Attendants CWA (In re Northwest Airlines Corp.)

Sep
15
2006
Ruling
Denial of injunction to prevent flight attendants' union strike over rejection of collective bargaining agreement reversed and remanded.
Procedural posture

Pursuant to § 2 (First) of the Railway Labor Act ("RLA"), 45 U.S.C. § 152, appellant airline filed a motion for a preliminary injunction enjoining appellee, a flight attendants union, from carrying out threats to engage in a labor strike. The bankruptcy court denied the airline's motion on the ground that the Norris-LaGuardia Act, 29 U.S.C. § 101 et seq., deprived it of jurisdiction to issue an injunction. The airline appealed.

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opinion summary, case decided on September 15, 2006 , LexisNexis #1006-031
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