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Nlrb Vs. Bildisco and Bildisco
Cites for this judgment
- US Supreme Court
- Feb 22, 1984
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NLRB v. BildiscoSearch
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Bildisco - 465 U.S. 513 (1984) U.S. Supreme Court NLRB v. BildiscoSearch
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Bildisco, 465 U.S. 513 (1984) National Labor Relations Board v. BildiscoSearch
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Appeals accepted the standard applied by the Court of Appeals for the Second Circuit in Shopmen's Local Union No. 455 v. KevinSearch
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the decision of the Court of Appeals for the Second Circuit in Brotherhood of Railway, Airline and Steamship Clerks v. REASearch
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a) because they differ for some purposes from ordinary contracts, see John Wiley & Sons, Inc. v. LivingstonSearch
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applied by the courts to authorize rejection of the ordinary executory contract. See Group of Institutional Investors v. ChicagoSearch
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Local Joint Executive Board v. HotelSearch
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Shopmen's Local Union No. 455 v. KevinSearch
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Steelworkers v. WarriorSearch
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This very strict standard was adopted by the Second Circuit in Brotherhood of Railway, Airline and Steamship Clerks v. REASearch
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a). See Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSearch
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agreements on terms and conditions of employment free from governmental interference. See, e.g., Howard Johnson Co. v. HotelSearch
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NLRB v. BurnsSearch
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of the pre-bankruptcy debtor, as those terms have been used in our labor decisions. See Howard Johnson Co. v. HotelSearch
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Southport Petroleum Co. v. NLRBSearch
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Workman v. HarrisonSearch
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contract, the debtor-in-possession is obligated to pay for the reasonable value of those services, Philadelphia Co. v. DippleSearch
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d). Cf. Chemical Workers v. PittsburghSearch
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Charles Doud Box Co. v. CourtneySearch
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of collective bargaining agreements and to facilitate agreement in place of economic warfare. Chemical Workers v. PittsburghSearch
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would be fruitless, a standard little different from that imposed on all employers subject to the NLRA. See NLRB v. AmericanSearch
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is to protect the process of labor negotiations, not to impose particular results on the parties. See H. K. Porter Co. v. NLRBSearch
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NLRB v. JonesSearch
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pending rejection of the existing contract or following formal approval of rejection by the Bankruptcy Court. See NLRB v. BurnsSearch
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with No. 82-852, Local 408, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. NationalSearch
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of the Bankruptcy Act. Reflective of the longstanding special treatment afforded railway labor, see Railway Employees v. HansonSearch
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Durand v. NLRBSearch
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a)(5) cannot be used to achieve the same end. The Court's decision in NLRB v. KatzSearch
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a)(5). See NLRB v. LionSearch
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a)(5). See Chemical Workers v. PittsburghSearch
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d) must be construed flexibly to effectuate the purposes of the NLRA. See, e.g., NLRB v. LionSearch
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Mastro Plastics Corp. v. NLRBSearch
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NLRB v. ErieSearch
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In re Bildisco, 682 F.2d 72, 82 (CA3 1982), quoting Shopmen's Local Union No. 455 v. KevinSearch
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d) in this context. As we explained in First National Maintenance Corp. v. NLRBSearch
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NLRB v. AmericanSearch
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resulting from unilateral modifications and terminations of collective bargaining agreements. In Chemical Workers v. PittsburghSearch
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We cannot ignore these realities when construing the reach of the NLRA. Cf. NLRB v. ErieSearch
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ibid., quoting NLRB v. SteelworkersSearch
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be antithetical to labor peace. As we explained in a somewhat different context in Fibreboard Paper Products Corp. v. NLRBSearch
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a contract that is at least as favorable as the contract that he has rejected. Cf. First National Maintenance Corp. v. NLRBSearch
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U. S. 574 , 363 U. S. 578 -580 (citations and footnotes omitted). See also John Wiley & Sons, Inc. v. LivingstonSearch
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Chemical Workers v. PittsburghSearch
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the Court of Appeals also relied on an analogy to the doctrine of successorship, as applied by this Court in NLRB v. BurnsSearch
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the bankruptcy proceeding and be binding on the debtor even after a discharge is granted. Federal's, Inc. v. EdmontonSearch
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unless or until they are rejected. See, e.g., Federal's, Inc. v. EdmontonSearch
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U.S. Supreme Court NLRB v. BildiscoSearch
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