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NLRB v. BILDISCO & BILDISCO

No. 82-818.

465 U.S. 513 (1984)

104 S.Ct. 1188

79 L.Ed.2d 482

NATIONAL LABOR RELATIONS BOARD v. BILDISCO & BILDISCO, DEBTOR-IN-POSSESSION, ET AL.

Supreme Court of United States.

Decided February 22, 1984

Attorney(s) appearing for the Case

Deputy Solicitor General Wallace argued the cause for the National Labor Relations Board. With him on the briefs were Solicitor General Lee, Carolyn F. Corwin, Norton J. Come, Linda Sher, and James Y. Callear.

James R. Zazzali argued the cause for petitioner in No. 82-852. With him on the brief was Kenneth I. Nowak.

Jack M. Zachin argued the cause and filed a brief for respondents in No. 82-818.†

John S. Irving, Carl L. Taylor, and Stephen A. Bokat filed a brief for the Chamber of Commerce of the United States as amicus curiae urging affirmance.

Michael H. Holland and James C. Kuhn III filed a brief for the United Mine Workers of America, International Union, as amicus curiae.

JUSTICE REHNQUIST delivered the opinion of the Court.

Two important and related questions are presented by these petitions for certiorari: (1) under what conditions can a Bankruptcy Court permit a debtor-in-possession to reject a collective-bargaining agreement; (2) may the National Labor Relations Board find a debtor-in-possession guilty of an unfair labor practice for unilaterally terminating or modifying a collective-bargaining agreement before rejection of that...

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