Word: nlra
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Dates: during 1980-1989
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...whether labor contracts were executory, i.e. just like contracts with shareholders or with other businesses. To this question the court unanimously returned a qualified "yes", in Justice Rehnquist's opinion holding that "the language executory contract' includes within it collective bargaining agreements subject to the National Labor Relations Act (NLRA) and that the Bankruptcy Court may approve rejections of such contracts by the debtor-in possession upon an appropriate showing...
Justice Brennan, in his partial dissenting opinion, writes for the minority . "The Court's concentration on the Bankruptcy Code and its refusal to accommodate that stature with the NLRA is particularly incongruous since the analysis (of the unanimous portion of the decision) rests almost exclusively on the recognition that the two statutes must be accommodated." The Bankruptcy Code, of course, makes no distinction between labor and other creditors. The court followed the Code when it contradicted the labor laws on unfair practices, and made no special accommodation for labor...
...threat to labor peace stemming from a unilateral modification of a collective bargaining agreement is as great one day after a bankruptcy petition has been filed as it was one day before the petition was filed," continues Brennan. "We cannot ignore these realities when construing the reach of the NLRA." Allowing the business to reject its labor agreement before obtaining bankruptcy court approval demonstrates the narrow-mindedness of the court in impinging on labor rights, and Brennan objects strenuously to this...
...must file for an enforcement order--in Malin's case in the First U.S. Court of Appeals in Boston. This order can be appealed to the U.S. Supreme Court, which hears four or five NLRB cases a year. Since Malin's case involves some fairly novel aspects of the NLRA and its application to workers' rights, it may well go the whole route...
...need to expend large amounts of time and effort gathering evidence, the benefits of exercising theoretically guaranteed rights are miniscule compared with the potential costs of potential dismissal. Such a system cannot help but diminish the number of persons seeking to engage in activities protected by the NLRA. It will also discourage workers fired for participating in these activities from filing charges with the NLRB and following them through...