National Labor Relations Board v. Bildisco & Bildisco

OPINION OF THE COURT

ALDISERT, Circuit Judge.

In these consolidated proceedings we are required to accommodate the tension between two important aspects of our national policy, represented by the National Labor Relations Act and the Bankruptcy Reform Act of 1978. Specifically, we must decide whether the bankruptcy court erred in permitting a debtor-in-possession to reject a collective bargaining agreement as an exec-utory contract. We also must consider the National Labor Relations Board’s application for enforcement of its order determining that the same debtor-in-possession committed an…