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MATTER OF THEOBALD INDUSTRIES, INC.

Adv. No. 80-0730.

16 B.R. 537 (1981)

In the Matter of The THEOBALD INDUSTRIES, INC., a Corporation of the State of New Jersey, Debtor. The THEOBALD INDUSTRIES, INC., Debtor, and Charles A. Stanziale, Jr., Trustee, Plaintiffs, v. LOCAL 786, INTERNATIONAL CHEMICAL WORKERS UNION, AFL-CIO and The National Labor Relations Board, Twenty-Second Region, Defendants.

United States Bankruptcy Court, D. New Jersey.

June 11, 1981.

Attorney(s) appearing for the Case

Crummy, Del Deo, Dolan & Purcell by Frank J. Vecchione, Newark, N.J., for plaintiff debtor.

Schwartz, Steinberg, Tobia, Stanziale & Gordon by Benjamin H. Becker, East Orange, N.J., for plaintiff trustee.

G. Peter Clark, New York City, Supervisory Atty., N.L.R.B., Penny Pilzer, Washington, D.C., for N.L.R.B.

OPINION

D. JOSEPH DeVITO, Bankruptcy Judge.

The issue here is essentially jurisdictional, specifically whether an unfair labor practice procedure before the National Labor Relations Board (N.L.R.B.) is subject to the automatic stay provisions of 11 U.S.C. § 362, and/or is otherwise subject to the jurisdiction of the Bankruptcy Court.

The following essentially factual and procedural history is largely...

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