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Employment Law

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Employment Law
CLASS 13: November 16, 2015
Book pgs. 1017-1019; 1032-1042; 1043-1047; 1051 1075-1079; 1088-1094; 1108-1111; 1123-1126; 1131-32; 1137-1145; 1194-1202.
Unemployment – Chapter 12
Bankruptcy
Large and small American companies have become bankrupt either as a means to terminate business or a way to reorganize and continue to operate. The Supreme Court held unanimously in NLRB v. Bildisco & Bildisco that a collective bargaining agreement is only an executory agreement, and can be rejected by the employer after bankruptcy if the agreement burdens the estate, and the equities balance in favor of rejecting the labor contract. The Supreme Court also held that an employer commits no unfair labor practice if it unilaterally alters the terms of the existing collective bargaining agreement. After bankruptcy petition has been filed but before review by a bankruptcy court of the arguments for altering the contract.

Plant Closings
Local 1330, United Steel Workers of America v. United states steel Corp. (p. 1032)
631 F.2d 1264 (6th Cir. 1980)
Facts:

The D., United States Steel Corp had two large steel mills in Ohio. The P., two local unions represent about 3,500 production and maintenance employees. The plants have been the life blood of the workers, their families and the community for many years. The Ds are closing the plants because of unprofitability. The Plaintiffs, the Congressman from the district, and the Attorney General from Ohio sues United States Steel Corp. to keep the plants in operation. If they could not prevail on the closing, Ps sought an intervention of the courts by injunction to require the Ds to sell the two plants to the plaintiffs.
Ds answered the Ps explaining the plants were unprofitable and could not be made otherwise due to obsolescence and change in technology, markets, and transportation. The Ds also stated there is no

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