Chapter 11 bankruptcy and the termination of collective bargaining contracts

L Spizman, J Kane - Employee Responsibilities and Rights Journal, 1990 - Springer
Employee Responsibilities and Rights Journal, 1990Springer
Abstract In 1984 the Supreme Court ruled that employers can unilaterally break an existing
collective bargaining contract upon filing a chapter 11 bankruptcy petition. This ruling
changed both the contractual responsibilities of the employer to honor the collective
bargaining agreement and the rights that workers have under the National Labor Relations
Act. The purpose of this article is to show the conditions under which a Chapter 11
bankruptcy proceeding will lead to the termination of a labor contract. Our results suggest …
Abstract
In 1984 the Supreme Court ruled that employers can unilaterally break an existing collective bargaining contract upon filing a chapter 11 bankruptcy petition. This ruling changed both the contractual responsibilities of the employer to honor the collective bargaining agreement and the rights that workers have under the National Labor Relations Act. The purpose of this article is to show the conditions under which a Chapter 11 bankruptcy proceeding will lead to the termination of a labor contract. Our results suggest that (a) legal rulings that reduce the costs of bankruptcy will increase the number of contractual dissolutions and (b) a Chapter 11 bankruptcy is more likely to occur when a firm operates in a climate of uncertain expectations.
Springer
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