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IN RE MILE HI METAL SYSTEMS, INC.

No. 86-2912.

899 F.2d 887 (1990)

In re MILE HI METAL SYSTEMS, INC., Debtor. SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL 9, Appellee, v. MILE HI METAL SYSTEMS, INC., Appellant.

United States Court of Appeals, Tenth Circuit.

March 20, 1990.

Attorney(s) appearing for the Case

Robert M. McConnell, Collins & McConnell (formerly of Holland & Hart), Colorado Springs, Colo. (Robert M. Duitch, Duitch & Johnson, P.C., Colorado Springs, Colo., with him on the briefs), for appellant, Mile Hi Metal Systems, Inc.

Ellen M. Kelman (Walter C. Brauer, III, with her on the brief), Brauer & Buescher, P.C., Denver, Colo., for appellee, Sheet Metal Workers' Intern. Ass'n, Local No. 9.

Before SEYMOUR, ANDERSON, and BRORBY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This appeal requires us to interpret for the first time 11 U.S.C. § 1113 ("section 1113"), which sets forth the procedures and conditions under which a debtor-in-possession or trustee may reject a collective bargaining agreement. At the heart of this matter is the requirement in section 1113(b)(1)(A) that the debtor make a proposal which sets out:

"those necessary modifications in the employees [sic] benefits and protections...

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