D
DallasConehead
Guest
I think they would choke if we told them that just as they did in 2003 but by agreeing to it then they really don’t have an argument for abrogation, not that they need it but it at least makes it look like they are being unreasonable to any reasonable person.
Unfortunately, being reasonable is not one of the elements of an 1113c.
Under section 1113 of the Bankruptcy Code, the bankruptcy court may authorize an employer to reject—and thus terminate—a collective bargaining agreement if the debtor can prove to the bankruptcy court that
1.it proposed modifications to the collective bargaining agreement to the union;
2.the proposed modifications are necessary to permit the debtor's reorganization;
3.the debtor met with the union and shared information justifying the proposed modifications;
4.the debtor negotiated in good faith with the union; and
5.the union refused to accept the proposal modifications without good cause.