Parks v. Dittmar (In Re Dittmar)

BROWN, Bankruptcy Judge,

dissenting.

I respectfully dissent. I believe the appropriate analysis to apply in this case is to determine: (1) whether the Debtors acquired contingent rights to the SARS distributions prepetition under the CBAs; and, if so, (2) whether the distributions were based, at least in part, on the prepet-ition employment of Debtors. The legal effect of the CBAs, including Debtors’ interests thereunder, must be determined in accordance with federal common law governing labor contracts and not state law. Applying that law, I determine the EPP provisions of the CBAs to be…