ABC Company Filed Chapter 11 Bankruptcy,and Would Like Relief from an Existing

question 43

Multiple Choice

ABC Company filed Chapter 11 bankruptcy,and would like relief from an existing labor agreement with a union.The company has already met with the union,and made a proposal that the union rejected.What are the options of the court?

• A) The court may order the modification or rejection of the labor agreement if: (1) such rejection or modification is necessary to the reorganization; (2) the debtor acted in good faith; and (3) the "balance of equities" favors rejection or modification of the collective bargaining agreement.
• B) The court may order complete rejection, but not modification, of the labor agreement if: (1) such rejection is necessary to the reorganization; (2) the debtor acted in good faith; and (3) the "balance of equities" favors rejection of the collective bargaining agreement.
• C) The court may order the modification, but not complete rejection, of the labor agreement if: (1) such modification is necessary to the reorganization; (2) the debtor acted in good faith; and (3) the "balance of equities" favors modification of the collective bargaining agreement.
• D) The court may not modify or reject the labor agreement.
• E) The court may order modification, but not rejection, only if union employee losses would amount to no more than $100,000.

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Definitions:

Nomination

The act of officially suggesting someone for a job, position, or award.

Hawthorne Effect

The alteration of behavior by subjects of a study due to their awareness of being observed.

Situational Risk

The risk of harm or danger arising from specific circumstances or conditions of a particular situation.

Ethnographic Danger

Risks or ethical dilemmas researchers may face while conducting in-depth studies within communities or cultures.