Title 11BankruptcyRelease 119-73not60

§1113 Rejection of Collective Bargaining Agreements

Title 11 › Chapter 11— REORGANIZATION › Subchapter I— OFFICERS AND ADMINISTRATION › § 1113

Last updated Apr 3, 2026|Official source

Summary

A company that is run by a trustee or by the original owner acting as a trustee in bankruptcy may only keep or end a union contract if it follows these rules. Before asking a court to end the contract, the trustee must make a written offer to the workers’ authorized representative. The offer must be based on the best available facts and must show the changes to wages, benefits, or protections that are needed to reorganize the business and treat everyone fairly. The trustee must give the union the relevant information it needs to judge the offer and must meet and bargain in good faith at reasonable times until the court hearing. (This does not apply to trustees in certain railroad cases.) If the trustee asks the court to end the contract, the court will hold a hearing within 14 days and must give at least 10 days’ notice. The court should decide within 30 days after the hearing starts, though the parties can agree to more time. The court will allow rejection only if the trustee made the required offer, the union refused without good reason, and the balance of fairness favors ending the contract. The court can protect confidential business information and can allow short-term changes to the contract after notice and a hearing if those changes are essential to keep the business running or to avoid irreparable harm. A trustee cannot change or end the contract on their own before following these rules.

Full Legal Text

Title 11, §1113

Bankruptcy — Source: USLM XML via OLRC

(a)The debtor in possession, or the trustee if one has been appointed under the provisions of this chapter, other than a trustee in a case covered by subchapter IV of this chapter and by title I of the Railway Labor Act, may assume or reject a collective bargaining agreement only in accordance with the provisions of this section.
(b)(1)Subsequent to filing a petition and prior to filing an application seeking rejection of a collective bargaining agreement, the debtor 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.
(2)During the period beginning on the date of the making of a proposal provided for in paragraph (1) and ending on the date of the hearing provided for in subsection (d)(1), the trustee shall meet, at reasonable times, with the authorized representative to confer in good faith in attempting to reach mutually satisfactory modifications of such agreement.
(c)The court shall approve an application for rejection of a collective bargaining agreement only if the court finds that—
(1)the trustee has, prior to the hearing, made a proposal that fulfills the requirements of subsection (b)(1);
(2)the authorized representative of the employees has refused to accept such proposal without good cause; and
(3)the balance of the equities clearly favors rejection of such agreement.
(d)(1)Upon the filing of an application for rejection the court shall schedule a hearing to be held not later than fourteen days after the date of the filing of such application. All interested parties may appear and be heard at such hearing. Adequate notice shall be provided to such parties at least ten days before the date of such hearing. The court may extend the time for the commencement of such hearing for a period not exceeding seven days where the circumstances of the case, and the interests of justice require such extension, or for additional periods of time to which the trustee and representative agree.
(2)The court shall rule on such application for rejection within thirty days after the date of the commencement of the hearing. In the interests of justice, the court may extend such time for ruling for such additional period as the trustee and the employees’ representative may agree to. If the court does not rule on such application within thirty days after the date of the commencement of the hearing, or within such additional time as the trustee and the employees’ representative may agree to, the trustee may terminate or alter any provisions of the collective bargaining agreement pending the ruling of the court on such application.
(3)The court may enter such protective orders, consistent with the need of the authorized representative of the employee to evaluate the trustee’s proposal and the application for rejection, as may be necessary to prevent disclosure of information provided to such representative where such disclosure could compromise the position of the debtor with respect to its competitors in the industry in which it is engaged.
(e)If during a period when the collective bargaining agreement continues in effect, and if essential to the continuation of the debtor’s business, or in order to avoid irreparable damage to the estate, the court, after notice and a hearing, may authorize the trustee to implement interim changes in the terms, conditions, wages, benefits, or work rules provided by a collective bargaining agreement. Any hearing under this paragraph shall be scheduled in accordance with the needs of the trustee. The implementation of such interim changes shall not render the application for rejection moot.
(f)No provision of this title shall be construed to permit a trustee to unilaterally terminate or alter any provisions of a collective bargaining agreement prior to compliance with the provisions of this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Railway Labor Act, referred to in subsec. (a), is act May 20, 1926, ch. 347, 44 Stat. 577. Title I of the Railway Labor Act is classified principally to subchapter I (§ 151 et seq.) of chapter 8 of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–353, title III, § 541(c), July 10, 1984, 98 Stat. 391, provided that: “The

Amendments

made by this section [enacting this section] shall become effective upon the date of enactment of this Act [July 10, 1984]; provided that this section shall not apply to cases filed under title 11 of the United States Code which were commenced prior to the date of enactment of this section.”

Reference

Citations & Metadata

Citation

11 U.S.C. § 1113

Title 11Bankruptcy

Last Updated

Apr 3, 2026

Release point: 119-73not60