WHEELING-PITTSBURGH STEEL CORPORATION, Debtor-in-Possession
v.
UNITED STEELWORKERS OF AMERICA, AFL-CIO-CLC, Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued February 19, 1986.
Decided May 28, 1986.
Attorney(s) appearing for the Case
Bernard Kleiman, Carl B. Frankel, Paul Whitehead, United Steelworkers of America, Pittsburgh, Pa., Michael H. Gottesman (argued), Robert M. Weinberg, Gary L. Sasso, Bredhoff & Kaiser, Washington, D.C., Claude Montgomery, Booth, Marcus & Pierce, New York City, for appellant, United Steelworkers of America, AFL-CIO-CLC.
John J. McLean, Jr. (argued), M. Bruce McCullough, Buchanan Ingersoll, P.C., Pittsburgh, Pa., Ronald Orr (argued), Gibson, Dunn & Crutcher, Los Angeles, Cal., for appellee, Wheeling-Pittsburgh Steel Corp.
Nathan B. Feinstein, Lawrence G. McMichael, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, Pa., Joel M. Walker, Pollard & Walker, Pittsburgh, Pa., Theodore Gewertz, Denis F. Cronin, Warren R. Stern (argued), Thomas Moers Mayer, Andrew C. Houston, Wachtell, Lipton, Rosen & Katz, New York City, for the Principal Bank Creditors.
James Katz, Robert F. O'Brien, of counsel, Tomar, Parks, Seliger, Simonoff & Adourian, Haddonfield, N.J., for amicus curiae, Glass, Pottery, Plastics & Allied Workers Intern. Union, AFL-CIO-CLC.
David M. Silberman, Laurence Gold, Washington, D.C., for amicus curiae, American Federation of Labor and Congress of Industrial Organizations, AFL-CIO.
Before: ADAMS, SLOVITER, and MANSMANN, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SLOVITER, Circuit Judge.
I.
ISSUE
In NLRB v. Bildisco & Bildisco,465 U.S. 513, 104 S.Ct. 1188, 79 L.Ed.2d 482 (1984), the Supreme Court held that the debtor-in-possession may reject its collective bargaining agreements, subject to the approval of the bankruptcy court which must balance the equities of the affected parties. Thereafter, following considerable debate and controversy...
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