IN RE BRADA MILLER FREIGHT SYSTEMS, INC.

Civ. A. Nos. 81-C-0432-S, 81-C-0433-S.

16 B.R. 1002 (1981)

In re BRADA MILLER FREIGHT SYSTEMS, INC., Debtor. NATIONAL LABOR RELATIONS BOARD, Appellant, v. BRADA MILLER FREIGHT SYSTEM, INC., Appellee. In re BRADA MILLER FREIGHT SYSTEM, INC., Debtor. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA; International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Steel and Special Commodity Haulers Local No. 124; International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America Local Union No. 543; National Labor Relations Board Region 25; and Region 7; Ralph Proctor; and Richard G. McCracken, Appellants, v. BRADA MILLER FREIGHT SYSTEMS, INC., Appellees.

United States District Court, N.D. Alabama, S.D.

December 31, 1981.


Attorney(s) appearing for the Case

Perry Winkler, Gen. Counsel for Special Litigation N.L.R.B., Washington, D.C., George M. Dick, Indianapolis, Ind., Gerry M. Miller, Goldbert, Previant, Uelmen, Gratz, Miller, Levy & Brueggeman, Milwaukee, Wis., Richard G. McCraken, Fillenwarth & Fillenwarth, Indianapolis, Ind., Wilbur G. Silberman, Robert Loeb, Silberman, Silberman & Loeb, Birmingham, Ala., Aileen A. Armstrong, N.L.R.B., Washington, D.C., for plaintiffs.

John Richard Carrigan, Balch, Bingham, Baker, Hawthorne, Williams & Ward, Jerry W. Schoel, Denaburg, Schoel, Meyerson & Ogle, Birmingham, Ala., for defendants.


MEMORANDUM OF OPINION

CLEMON, District Judge.

This bankruptcy appeal raises several unsettled and troublesome issues generated by the sometimes conflicting national policies embodied in this country's labor laws and the Bankruptcy Reform Act of 1978. Specifically, this Court must determine whether a Bankruptcy Court is empowered to (1) determine the existence vel non of unfair labor practices; (2) enjoin union and employee activity otherwise protected...

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