San Bernardino City Professional Firefighters Local 891 v. City of San Bernardino (In re City of San Bernardino)

I. INTRODUCTION

Appellant San Bernardino City Professional Firefighters Local 891 (the “Union”) appeals an order from the United State Bankruptcy Court for the Central District of California, Riverside Division, that granted in part and denied in part the City of San Bernardino’s (the “City”) motion to reject a memorandum of understanding between the Union and the City. San Bernardino City Prof'l Firefighters Local 891 v. San Bernardino (In re City of San Bernardino), No. 6:12-bk-28006, ECF No. 1187 (Bankr.GD.Cal. Sept. 19, 2014) (the “Rejection Order”) 1 The Union raises six arguments on appeal. The Union’s principle argument is that the City failed to meet the necessary burden of proof for setting aside a collective bargaining agreement as established in N.L.R.B. v. Bildisco & Bildisco, 465 U.S. 513 , 104 S.Ct. 1188 , 79 L.Ed.2d 482 (1984). For the reasons discussed below, the Court AFFIRMS the Bankruptcy Court’s order in full.

*477 II. FACTUAL AND PROCEDURAL BACKGROUND

A. Original Labor Agreement and Attempts to Reach Extension

Over a decade ago, the City and the Union entered into a labor agreement titled “Fire Safety Employees Memorandum of Understanding —…