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SHOPMEN'S LOC. U. NO. 455, ETC. v. KEVIN STEEL PROD., INC.

Nos. 581, 811, Dockets 74-1872, 74-2154.

519 F.2d 698 (1975)

SHOPMEN'S LOCAL UNION NO. 455, INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, A.F.L.-C.I.O., Appellee, and National Labor Relations Board, Intervenor, v. KEVIN STEEL PRODUCTS, INC., Appellant. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. KEVIN STEEL PRODUCTS, INC., Respondent.

United States Court of Appeals, Second Circuit.

Decided July 24, 1975.

Attorney(s) appearing for the Case

Mitchel B. Craner, New York City (Guazzo, Silagi & Craner, P. C., Stephen E. Klausner, New York City, on the brief), for appellant-respondent Kevin Steel Products, Inc.

Belle Harper, New York City (Sipser, Weinstock, Harper & Dorn, I. Philip Sipser, Jerome Tauber, New York City, on the brief), for appellee Shopmen's Local Union No. 455.

Peter J. Carre, Washington, D. C. (Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Abigail Cooley, Asst. Gen. Counsel for Special Litigation; Sandra R. McCandless, Atty., on the brief), for intervenor-petitioner N.L.R.B.

Before FEINBERG, OAKES and VAN GRAAFEILAND, Circuit Judges.

FEINBERG, Circuit Judge:

This case squarely presents to an appellate court, apparently for the first time, the question whether section 313(1) of the Bankruptcy Act allows rejection of a collective bargaining agreement as an executory contract. We conclude that the answer is yes, despite the position of the National Labor Relations Board that there is a direct conflict between the Bankruptcy Act and the National Labor Relations Act in which the Labor Act must prevail...

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