What conditions should be met by an employer petitioning for bankruptcy protection to reject the collective agreement?
Under the amended Bankruptcy Code, Section 1113 of the U.S.C., the employer petitioning for bankruptcy protection is allowed to reject the collective agreement only when the following conditions are met:
The employer has made a proposal for contractual modifications, necessary to permit reorganization and treating all interested parties equitably, to the union.
The employer must provide the union with such relevant information as is necessary to evaluate the proposal.
The employer must offer to "confer in good faith in attempting to reach mutually satisfactory modifications."
The bankruptcy court finds that the union has rejected the employer's proposal "without good cause."
The court concludes that "the balance of equities clearly favors rejection" of the agreement.?
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