Mile Hi Metal Systems Inc Sheet Metal Workers' International Association Local v. Mile Hi Metal Systems Inc’s Empirical Analysis
Citation profile
2 district ·
How this case has been cited
Cited by 33 later decisions — most recently December 2017 · most notably In Re Leslie Fay Companies, Inc. (1994), United Food & Commercial Workers Union, Local 770 v. Official Unsecured Creditors Committee (In Re Hoffman Bros. Packing Co.) (1994)
2 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 11 U.S.C. § 1113
Relies on M'Culloch v. State of Maryland · National Labor Relations Board v. Bildisco & Bildisco · Garcia v. United States · Trans World Airlines, Inc. v. Independent Federation of Flight Attendants · Federal Communications Commission v. Pacifica Foundation
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Section 1113(b)(2) states that after the proposal is made, “the [debtor] shall meet, at reasonable times, with the authorized representative to confer in good faith in attempting to reach mutually satisfactory modifications.” We read this to require that both parties confer in good faith. In addition, subpart (c)(2) requires the union to have “good cause” for rejecting the proposal. These two subparts impose an obligation on the union to participate meaningfully in the negotiations and to explain its reasons for opposing the proposal. Even if part of a proposal is unacceptable as a perceived unfair labor practice, the union must confer in good faith on the remainder of the proposal, and also must work with the debtor on the allegedly illegal provisions, explaining why the union deems them unlawful and negotiating changes or alternatives which would avoid the illegality.”
1 later decision quote this exact passage · from the dissent“We do not decide the proper consequences of a refusal to confer in good faith, but clearly some adverse consequence should befall an intransigent party. At the very least, a union’s lack of participation should be considered when the court decides whether the union had good cause to reject the proposal and whether the balance of equities favors rejection of the agreement. Other resources may also be available to the bankruptcy court.”
1 later decision quote this exact passage · from the concurrence““The goal to be served by modifying the collective bargaining agreement, and by the entire Chapter 11 proceeding, is not simply a reorganization, but a successful reorganization, i.e., one from which the debtor emerges as an economically viable operation.””
1 later decision quote this exact passage · from the dissent
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.