Chapter 11 Debtor Can Reject Expired CBA's Status Quo Obligations: Third Circuit | Practical Law
In In Re: Trump Entertainment Resorts, the US Court of Appeals for the Third Circuit held, as a matter of first impression, that a bankruptcy court may grant a bankruptcy debtor's motion to reject an expired collective bargaining agreement (CBA), and that Section 1113 of the US bankruptcy code trumped the National Labor Relations Act's (NLRA) prohibition on an employer unilaterally changing an expired CBA's terms and conditions.