Originally Posted by
Mesabah
Unhuh

.......ever hear of section 1113(b)? What does it say?
(b)(1) Subsequent to filing a petition and prior to filing an application seeking rejection of a collective bargaining agreement, thedebtor in possession or trustee (hereinafter in this section ''trustee'' shall include a
debtor in possession), shall -
(A) make a
proposal to the authorized representative of the employees covered by such agreement, based on the most complete and reliable information available
at the time of such proposal, which provides for those necessary modifications in the employees benefits and protections that are
necessary to permit the reorganization of the debtor
and assures that all creditors, the debtor and all of the affected parties are
treated fairly and equitably; and
(B) provide, subject to subsection (d)(3), the representative of the employees with such relevant
information as is necessary to evaluate the proposal.
What's your point? Management made an offer to APA, they reached an agreement approved by the union leadership. The question before the judge is whether or not the balance of the equities favors rejection.