In Re C. & W. Mining Co., Inc.

FINDING AS TO REJECTION OF CONTRACT

H.F. WHITE, Bankruptcy Judge.

This matter is before the court on the motion of the debtor, C. & W. Mining Co., Inc. (C. & W.), to reject, pursuant to 11 U.S.C. section 365(a), an executory contract with the United Mine Workers of America Local Union 1981 (Union). This executory contract is a collective bargaining agreement subject to the provisions of the National Labor Relations Act (NLRA), 29 U.S.C. section 151 et seq. The Union argues, inter alia, that the NLRA bars C. & W. from rejecting the bargaining agreement.

On January 25,1984, the court conducted a…