In Re City of Vallejo, Ca
International Brotherhood of Electrical Workers, Local 2376 v. City of Vallejo, CA
Opinion
Opinion
Mendez, J.
ORDER AFFIRMING THE BANKRUPTCY COURT’S ORDER
This matter is before the Court on Appellant International Brotherhood of Electrical Workers’ (“IBEW’s”) appeal from the Bankruptcy Court’s ruling on Appellee City of Vallejo’s (the “City’s”) motion to reject IBEW’s collective bargaining contract.
I. Facts and Procedural Background
On May 23, 2008, the City filed a petition for relief under Chapter 9 of the Bankruptcy Code. One month after filing, the City unilaterally modified the terms of collective bargaining agreements (“CBAs”) with four unions: IBEW, the International Association of Firefighters (“IAFF”), the Vallejo Police Officers Association (“VPOA”) and the Confidential, Administrative, Managerial and Professional Employees of Vallejo (“CAMP”). On June 17, 2008, the City filed a Motion for Approval of Rejection of Collective Bargaining Agreements (“Motion”) pursuant to Bankruptcy Code Section 365(a). The City sought approval from the Bankruptcy Court to reject the CBAs of these four unions.
Before the Motion was heard, IBEW, IAFF and VPOA challenged the City’s eligibility to file for Chapter 9 bankruptcy relief under Code Section 109(c). On September 5, 2008, the Bankruptcy…