International Brotherhood of Teamsters v. IML Freight, Inc.

789 F.2d 1460
CourtCourt of Appeals for the Tenth Circuit
DecidedApril 30, 1986
DocketNo. 84-2063
StatusPublished
Cited by10 cases

This text of 789 F.2d 1460 (International Brotherhood of Teamsters v. IML Freight, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Brotherhood of Teamsters v. IML Freight, Inc., 789 F.2d 1460 (10th Cir. 1986).

Opinion

MATSCH, District Judge.

This is an appeal from a decision of a district court affirming a bankruptcy judge’s order granting the petition of a debtor-in-possession, IML Freight, Inc. (“IML”), to reject its collective bargaining agreements with the unions representing most of its employees. The bankruptcy judge’s order was entered before the Supreme Court decided NLRB v. Bildisco & Bildisco, 465 U.S. 513, 104 S.Ct. 1188, 79 L.Ed.2d 482 (1984). After the Bildisco decision, Congress enacted Pub.L. No. 98-353, amending the Bankruptcy Code to establish a procedure for and the conditions under which collective bargaining agreements may be rejected. 11 U.S.C. § 1113. This statute “adheres to the spirit of [the] unanimous Supreme Court opinion.” Statement by the Hon. Orrin G. Hatch on H.R. 5174, 98th Cong., 2d Sess. (June 29, 1984), reprinted in 1984 U.S.Code Cong. & Ad.News 576, 592. While new procedural requirements have been imposed, the approach to the required balancing of the equities should not be different from the instruction provided in Bildisco. Section 1113 is not applicable to any cases commenced prior to July 10, 1984, and does not [1462]*1462affect this appeal. It is appropriate, however, to observe that the special nature of labor contracts is rooted in the national policy which favors collective bargaining in employment and that Congress has strongly cautioned the bankruptcy courts to be considerate of that policy.

On July 15, 1983, IML filed a petition for voluntary reorganization under Chapter 11, and the bankruptcy court authorized the company to continue its business as debtor-in-possession. On the same date, IML filed a petition to reject the subject 33 collective bargaining agreements, with 66 local unions. On August 11, 1983, the bankruptcy judge orally granted the petition to reject those executory contracts, followed by a written order entered on August 11, 1983. Sometime thereafter the employees went on strike, and IML went into Chapter 7. The district court affirmed the bankruptcy judge by an order of June 25, 1984.

The appellants, the Teamsters National Freight Industry Negotiating Committee and the International Association of Machinists and Aerospace Workers (“the unions”) contend that the district court erred in affirming the rejection of the contracts. The trustee in bankruptcy is here as appellee, defending the position taken by IML in its role as debtor-in-possession. This appellate court must accept the findings of the bankruptcy judge unless they are clearly erroneous. In re Reid, 757 F.2d 230, 233 (10th Cir.1985).

While the bankruptcy judge did not have the benefit of the Supreme Court’s opinion in Bildisco, this court must apply the standards established in that case as stating the applicable law. The unions concede, however, that it would be unfair to reverse for a failure to follow the admonition that reasonable efforts to negotiate an agreement with the unions is a condition precedent to consideration of a petition to reject these contracts.

Collective bargaining agreements are executory contracts within the meaning of 11 U.S.C. § 365, and the bankruptcy court may permit rejection upon a showing by the debtor-in-possession that the collective bargaining agreement burdens the estate, and that after careful scrutiny the equities balance in favor of rejection. Bil-disco, 465 U.S. at 525-26, 104 S.Ct. at 1196-97. The bankruptcy judge has a special responsibility in these cases to make detailed findings to support a conclusion that rejection is warranted.

Since the policy of Chapter 11 is to permit successful rehabilitation of debtors, rejection should not be permitted without a finding that that policy would be served by such action. The Bankruptcy Court must make a reasoned finding on the record why it has determined that rejection should be permitted.

Id. at 527, 104 S.Ct. at 1197 (emphasis added).

It is not enough to find that the contracts are so burdensome that performance would result in liquidation. A “doomsday” argument should not be controlling. The bankruptcy judge must carefully consider the consequences of liquidation for the debtor, the reduced value of the creditors’ claims following affirmance, and the impact of rejection on the employees. Most importantly, the question is more than a matter of business judgment. The equities must be balanced among all parties in interest, and the controlling question is whether the hardships imposed are outweighed by a reasonable expectation of successful reorganization.

The bankruptcy judge concluded that liquidation was inevitable without rejection of the contracts, and that the presumed savings were the only available source of the massive relief necessary for the debtor’s survival.

We are unable to review that ultimate conclusion because there are insufficient findings of fact to support it. There is no finding on the record concerning the relative or absolute amount of the debtor’s salary expense compared with the cost of the union employees’ wages and benefits. Equitable considerations are important here, and the bankruptcy judge must make findings to support a debtor’s unequal treatment of its union employees. A find[1463]*1463ing that the debtor’s salaried employees are being paid “below market” (R., Vol. IX at 9.), is insufficient to justify the conclusion that a reduction in the pay of salaried employees will not assist reorganization. The union employees, because of a voluntary wage loan back program, were also being paid “below market”. The relevant inquiry is whether the balance of equities favors the rejection of the labor contracts.

The debtor’s expert witness, Dr. Tannen-baum, testified that only by rejecting these contracts and paying 25-30% less to union employees could IML survive. (R., Vol. IV at 40-58.) The chief financial officer for IML, Mr. Price, testified that IML would run out of money between five and nine weeks after the end of July, 1983, unless the contracts were rejected. (R., Vol. VI at 45.) The unions’ expert witness, Dr. Wein-traub, gave contrary opinions, including testimony concerning inefficient use of the work force and a cost comparison with the company’s competitors. The unions also presented evidence tending to show disproportionate expenditures for the salaries of supervisors and other non-bargaining unit expenditures. Neither the bankruptcy judge nor the district court made any reference to this evidence in making the conclu-sory findings in this record. The bankruptcy judge did not address the issue of the effect of affirmation upon other creditors’ claims. No finding is on the record to indicate who the other creditors are, much less how the potential liquidation would affect them.

One of the unusual aspects of this case is that the bargaining unit employees constituted a major class of creditors because the company owed them approximately $11.7 million under various wage loan programs. The bankruptcy judge noted that fact and considered the employees as unwilling “partners of debtor in its need to succeed.” (R., Vol. IX at 8-9.)

The bankruptcy judge concluded that without rejection the employees would lose their jobs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
789 F.2d 1460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-brotherhood-of-teamsters-v-iml-freight-inc-ca10-1986.