Chapter 11: Collective Bargaining Agreements

Web posted and Copyright © 1/12/98, American Bankruptcy Institute.

The following abstract summarizes the text of submissions made to the National Bankruptcy Review Commission. The abstract is organized by NBRC working group and topic.

The Final Report of the NBRC can be viewed on-line. To obtain a copy of any document shown below, contact the Center for Legislative Archives, Room 205, National Archives Building, Washington, D.C. 20408. The telephone number is 202/501-5350. Mr. R. Michael McReynolds, Deputy Director, will be able to assist with specific inquiries. (The NBRC documents will be housed at this location until June, 1999. Thereafter, the records will be transferred to the Center's archives in College Park, MD.)
 

ID Name Group Other Code
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Problem Referenced Proposed Solutions
NBRC-0019 Morten S. Beyer President; Morten Beyer and Associates; "Reforming the Bankruptcy Act," V.2 No. 7 MBA Aviation Oracle (Nov. 1995).


Labor's greed must share the blame with management for the bankruptcies of most airlines. Intransigent unions have been at the hear of most failures as much as incompetent management, and neither should enjoy the fruits of reorganization. Unions should be curbed. Draconian wage cuts and productivity improvements should be imposed from day one. Just as the creditors and investors take a hair cut, so should labor in order to keep the company going.
NBRC-0321 Christopher D. Cameron Author of article in the Santa Clara Law Review Submission date is approximated 1113
In his article entitled "How 'Necessary' Became the Mother of Rejection: An Empirical Look at the Fate of Collective Bargaining Agreements on the Tenth Anniversary of Bankruptcy Code Section 1113," author Christopher D. Cameron presents an emprircal analysis of the question "Is section 1113 working" 34 Santa Clara L. Rev. 841 (1994). The author's study concludes that organized labor's twin goals of halting unilateral rejection of collective bargainning agreements and reducing the perceived tendancy of bankruptcy judges to grant rejection have been achieved. The study also indicates that the employer's conduct at the bargainning table is far less important in the bankruptcy judge's decision-making calculus than are the merits of his arguments for rejection. The article concludes that "[f]or all intents and purposes, 'necessary' under step three means the same thing as 'fair and equitable' under step four."