Truck Drivers Local 807, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. Carey Transportation Inc.

How courts have described this case

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

• allowing a debtor to rely “on proof that managers and non-union employees are assuming increased responsibilities as a result of staff reductions without receiving commensurate salary increases”
• approving rejection of collective bargaining agreements based on proposals including changes in health and pension benefits, work rules, workers’ compensation and disability, and scheduling and assignment rules
• “[I]t becomes impossible to weigh necessity as to reorganization without looking into the debtor’s ultimate future and estimating what the debtor needs to attain financial health.”
• “[a] union’s presentation of a counter-offer that its members do not support does not satisfy the good cause requirement”
• “Because a section 1113 application will almost always be filed before an overall reorganization plan can be prepared, the debtor cannot be expected to identify future alterations in its debt structure.”
• “Because a section 1113 application will almost always be filed before an overall reorganization plan can be prepared, the debtor cannot be expected to identify future alterations in its debt structure.”

Source: CourtListener parenthetical corpus (CC0).