United States Third Circuit

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In re Trump Entertainment Resorts, 14-4807

In a bankruptcy action, the Bankruptcy Court's grant of debtor's motion to reject its collective bargaining agreement (CBA) with UNITE HERE Local 54 is affirmed. The court held that a Chapter 11 debtor-employer can reject the continuing terms and conditions of a CBA under 11 U.S.C. section 1113, despite the National Labor Relations Act's prohibition on employers unilaterally changing the terms and conditions of a CBA after expiration under 29 U.S.C. section 158(a)(5).

Appellate Information

  • Decided
  • Published 2016/01/15

Judges

  • ROTH

Court

  • United States Third Circuit

Counsel

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