National Labor Relations Board v. Bildisco & Bildisco

*535Justice Brennan,

with whom Justice White, Justice Marshall, and Justice Blackmun join, concurring in part and dissenting in part.

The Court holds that under § 365 of the Bankruptcy Code1 a Bankruptcy Court should permit a debtor in possession2 to reject a collective-bargaining agreement upon a showing that the agreement “burdens the estate, and that after careful scrutiny, the equities balance in favor of rejecting the labor contract.” Ante, at 526. This test properly accommodates the policies of the National Labor Relations Act (NLRA) and the Bankruptcy Code, and I therefore join Parts I and…