Document Type

Article

Publication Date

8-23-2009

Abstract

This article considers whether federal courts including bankruptcy courts are authorized to issue injunctions in connection with various kinds of labor disputes arising after the filing of a petition in bankruptcy The question takes on renewed importance in light of the record number of Chapter 11 bankruptcy filings in 2008 including filings by two of the three major American automakers which are unionized Given the increasing complexity of some of these notorious reorganizations the likelihood of postpetition labor disputes appears to have correspondingly increased In agreement with the few federal circuits that have considered the question the article concludes that as a matter of statutory interpretation the NorrisLaGuardia Act NLGA bars the issuance of injunctions including those generally available under the Bankruptcy Code in these situations even assuming the existence of conflict between the NLGA and the Bankruptcy Code of 1978 In addition to analysis of the relevant statutory provisions the article also more broadly explores the competing statutory policies and concludes that the NLGA should prevail in instances of conflict because of its status as super statute

First Page

669

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