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Legal Opinion

In Re Trump Entertainment Resorts, Unite Here Local 54

Court of Appeals for the Third Circuit

Decided January 15, 2016No. 14-4807PublishedCited by 12 opinions

1Opinion of the Court

OPINION

ROTH, Circuit Judge:

This appeal requires us to resolve the effect of two potentially conflicting provisions of federal law. Section 1113 of the Bankruptcy Code allows a Chapter 11 debtor to “reject” its collective bargaining agreements (CBAs) under certain circumstances. 1 The National Labor Relations Act (NLRA) prohibits an employer from unilaterally changing the terms and conditions of a CBA even after its expiration. 2 Thus, under the NLRA, the key terms and conditions of an expired CBA continue to govern the relationship between a debtor-employer and its unionized employees until…

2Cases cited37 opinions

  1. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  2. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  3. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  4. Kelly v. RobinsonSupreme Court of the United States · 1986
  5. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000

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3Cited by12 opinions

  1. Robert D Mabe Inc v. OptumRxCourt of Appeals for the Third Circuit · 2022
  2. Millennium Lab Holdings II LLC v.Court of Appeals for the Third Circuit · 2019
  3. FTX Trading, Ltd. v.Court of Appeals for the Third Circuit · 2024
  4. In re B&M Hospitality LLCUnited States Bankruptcy Court, E.D. Pennsylvania · 2018
  5. In re PJ Rosaly Enterprises Inc.United States Bankruptcy Court, D. Puerto Rico · 2017

7 more not listed; retrieve them via the Exa API.

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