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Nlrb Vs. Bildisco and Bildisco

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  • US Supreme Court
  • Feb 22, 1984

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  1. Lorillard Vs. Pons US Supreme Court · Feb 22, 1978
  2. Philadelphia Co. Vs. Dipple US Supreme Court · Feb 03, 1941
  3. NLRB v. Bildisco
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  4. Bildisco - 465 U.S. 513 (1984) U.S. Supreme Court NLRB v. Bildisco
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  5. Bildisco, 465 U.S. 513 (1984) National Labor Relations Board v. Bildisco
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  6. Appeals accepted the standard applied by the Court of Appeals for the Second Circuit in Shopmen's Local Union No. 455 v. Kevin
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  7. the decision of the Court of Appeals for the Second Circuit in Brotherhood of Railway, Airline and Steamship Clerks v. REA
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  8. a) because they differ for some purposes from ordinary contracts, see John Wiley & Sons, Inc. v. Livingston
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  9. applied by the courts to authorize rejection of the ordinary executory contract. See Group of Institutional Investors v. Chicago
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  10. Local Joint Executive Board v. Hotel
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  11. Shopmen's Local Union No. 455 v. Kevin
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  12. Steelworkers v. Warrior
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  13. This very strict standard was adopted by the Second Circuit in Brotherhood of Railway, Airline and Steamship Clerks v. REA
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  14. a). See Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Curran
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  15. agreements on terms and conditions of employment free from governmental interference. See, e.g., Howard Johnson Co. v. Hotel
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  16. NLRB v. Burns
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  17. of the pre-bankruptcy debtor, as those terms have been used in our labor decisions. See Howard Johnson Co. v. Hotel
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  18. Southport Petroleum Co. v. NLRB
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  19. Workman v. Harrison
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  20. contract, the debtor-in-possession is obligated to pay for the reasonable value of those services, Philadelphia Co. v. Dipple
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  21. d). Cf. Chemical Workers v. Pittsburgh
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  22. Charles Doud Box Co. v. Courtney
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  23. of collective bargaining agreements and to facilitate agreement in place of economic warfare. Chemical Workers v. Pittsburgh
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  24. would be fruitless, a standard little different from that imposed on all employers subject to the NLRA. See NLRB v. American
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  25. is to protect the process of labor negotiations, not to impose particular results on the parties. See H. K. Porter Co. v. NLRB
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  26. NLRB v. Jones
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  27. pending rejection of the existing contract or following formal approval of rejection by the Bankruptcy Court. See NLRB v. Burns
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  28. with No. 82-852, Local 408, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. National
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  29. of the Bankruptcy Act. Reflective of the longstanding special treatment afforded railway labor, see Railway Employees v. Hanson
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  30. Durand v. NLRB
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  31. a)(5) cannot be used to achieve the same end. The Court's decision in NLRB v. Katz
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  32. a)(5). See NLRB v. Lion
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  33. a)(5). See Chemical Workers v. Pittsburgh
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  34. d) must be construed flexibly to effectuate the purposes of the NLRA. See, e.g., NLRB v. Lion
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  35. Mastro Plastics Corp. v. NLRB
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  36. NLRB v. Erie
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  37. In re Bildisco, 682 F.2d 72, 82 (CA3 1982), quoting Shopmen's Local Union No. 455 v. Kevin
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  38. d) in this context. As we explained in First National Maintenance Corp. v. NLRB
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  39. NLRB v. American
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  40. resulting from unilateral modifications and terminations of collective bargaining agreements. In Chemical Workers v. Pittsburgh
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  41. We cannot ignore these realities when construing the reach of the NLRA. Cf. NLRB v. Erie
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  42. ibid., quoting NLRB v. Steelworkers
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  43. be antithetical to labor peace. As we explained in a somewhat different context in Fibreboard Paper Products Corp. v. NLRB
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  44. a contract that is at least as favorable as the contract that he has rejected. Cf. First National Maintenance Corp. v. NLRB
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  45. U. S. 574 , 363 U. S. 578 -580 (citations and footnotes omitted). See also John Wiley & Sons, Inc. v. Livingston
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  46. Chemical Workers v. Pittsburgh
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  47. the Court of Appeals also relied on an analogy to the doctrine of successorship, as applied by this Court in NLRB v. Burns
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  48. the bankruptcy proceeding and be binding on the debtor even after a discharge is granted. Federal's, Inc. v. Edmonton
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  49. unless or until they are rejected. See, e.g., Federal's, Inc. v. Edmonton
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  50. U.S. Supreme Court NLRB v. Bildisco
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