Young & New Members Committee

ABI Committee News

An Introduction to Collective Bargaining Agreements in Chapter 11

by Brian L. Shaw
Shaw, Gussis, Fishman, Glantz, Wolfson & Towbin, LLC; Chicago

With the rash of recent airline bankruptcy filings, the treatment of unions, and in particular, unions’ Collective Bargaining Agreements (CBAs) with the debtor airline, have received much attention lately. The attention arises out of the conflict between the protections meant to be afforded employees under the CBA and the Bankruptcy Code, a federal, statutory mechanism that protects both debtors and creditors from the inequities that occur when a debtor is scavenged to death by its creditors on a first-come, first-served basis. The protections afforded debtors and creditors by the Code and employees by CBAs are regarded by most as necessary. However, in the context of a bankruptcy case, the protections afforded employees by a CBA can be used to leverage creditor-employees’ positions ahead of the interests of other unsecured creditors. Therefore, within a bankruptcy case, there is often conflict between the CBA’s constituents and the debtor and/or other creditors of the debtor’s bankruptcy estate. It is a conflict with potentially disastrous consequences to any debtor-in-possession (DIP) operating under chapter 11 of the Code.

Read the full article.

YNMC Events at the ABI Winter Meeting (December 1 - 3, 2005)

The traditional YNMC committee meeting will be held Thursday night, December 1, 2005, at 4:30pm. The committee will be updated on YNMC projects and upcoming events and will solicit all attendees on possible new programs and concepts. All YNMC members are encouraged to attend. At 5:30, we will move on to the Young Member reception -- sponsored by Corporate Revitalization Partners LLC -- to begin the festivities. We encourage you to attend the reception and introduce yourself to ABI's senior officers, directors and staff. The YNMC meeting and the Young Member reception that follows is a great way to begin your stay in Indian Wells and meet new people in your field.

Following a day of interesting educational sessions on Friday and the Friday night gala, the YNMC is holding a Saturday (9:30 a.m.) joint program with the Technology and Telecommunications Committee on "Evidentiary Issues in the New Millennium." We have a dynamic group of speakers appearing (Jack Seward from Jack Seward & Associates and David Bart from RSM McGladrey, Inc. ) and hope you will take the time to attend and participate in this exciting session. We trust you will not be disappointed. Your participation also demonstrates the interest of YNMC members in ABI programs and ensures, assuming the turnout is good, that other committees will be interested in sponsoring future joint programs with YNMC.

Getting More Involved in the YNMC

While we hope you all are attending the Winter meeting, we know it is not possible for everyone, and we encourage you to participate in YNMC activities in different ways. Among other things, we always ask for members to submit their ideas to the committee chairs (Doug, Brian or Nir) and to write articles for the YNMC newsletter. Articles are always needed! Any submissions should be addressed to Doug Deutsch (ddeutsch@chadbourne.com). We also always welcome participation in one of our subcommittees. Do you have ideas for the Annual Spring Meeting? Let Brian (bshaw100@shawgussis.com) and Nir (ngabriely@bglco.com) know now!!! Get involved. Planning starts now for programs that are held in six months. We need your input!

Get InvolvedLearn more about GET INVOLVED!—ABI’s new professional development initiative