In Re Pierce Terminal Warehouse, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that section 1113(b)(1)(A) only requires that “an offer must be made,” not that “the initial proposal by the [debtor] be the [proposal] that satisfies the substantive requirements of [section 1113](b)(1)(A).”
• section 1113(b)(1)(A) “does not require that the initial proposal by the [debtor] be the [proposal] that satisfies the substantive requirements of [subsection] (b)(1)(A).”
• adopting strict construction of “necessary to permit reorganization”
• “the statute does [not] require that the employer’s best offer be made at the outset of the negotiations ... only that before the court can permit rejection of the bargaining agreement, the employer must prove that it made a proposal which satisfies the statute.”
• adopting strict construction of “necessary to permit reorganization”

Source: CourtListener parenthetical corpus (CC0).