Originally Posted by
rickair7777
That's a very common scope clause these days (lesson learned the hard way in the olden days).
It's also 100% worthless in bankruptcy... the entire CBA is on the butcher's block. Maybe 90% worthless, the court will have some slight consideration for unsecured creditors and employees, so it's better to have the language than not. Judge might possibly factor it in. But the court and creditors are in no way obligated to honor a CBA in bankruptcy.
CBAs are not in the butchers block in Ch11. Bankruptcy court can only approve the rejection of CBA if the company can prove that such rejection is necessary for restructure, and only after the amended CBA that only contains those modifications necessary is presented to the union members.
If the union members rejects those changes without a good cause, only then the bankruptcy court can impose the adjusted CBA on the employees.
The scope which they can operate within is very narrow in Chapter 11. It is not, as commonly thought, a free-for-all smack-whack-cut right to adjust the CBA at will. This is under 11 US Code 1113.