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2026-07-06 09:52:37 -04:00

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LegalText 11 U.S.C. § 1167 Collective bargaining agreements us united_states_code code_section 11 BANKRUPTCY 11 REORGANIZATION 1167 11 U.S.C. § 1167 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc11@119-100.zip /us/usc/t11/s1167 data/legal/raw/us/code/title-11/usc11.xml d167a501e3c7f549cacbbc6ede23d8f637f32c959e05d88cb80b742e69304168 49b32bf784de01de21874d64b5d1d78d1d245352824a03caa6d6b941a4a2c9a2 1e73beedda4230b90e641f73c8e8c40cce2a3b9b18290a4ee54513952c4a9a0a 2026-07-04 official
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11 U.S.C. § 1167 - Collective bargaining agreements

Text

Notwithstanding section 365 of this title, neither the court nor the trustee may change the wages or working conditions of employees of the debtor established by a collective bargaining agreement that is subject to the Railway Labor Act except in accordance with section 6 of such Act.

(Pub. L. 95598, Nov. 6, 1978, 92 Stat. 2642; Pub. L. 103394, title V, § 501(d)(35), Oct. 22, 1994, 108 Stat. 4146.)

Notes

Historical and Revision Notes

senate report no. 95989Section 1176 [enacted as section 1167] is derived from present section 77(n) [section 205(n) of former title 11]. It provides that notwithstanding the general section governing the rejection of executory contracts (section 365), neither the court nor the trustee may change the wages or working conditions of employees of the debtor established by a collective bargaining agreement that is subject to the Railway Labor Act [45 U.S.C. 151 et seq.], except in accordance with section 6 of that Act [45 U.S.C. 156]. As reported by the subcommittee this section provided that wages and salaries of rail employees could not be affected by the trustee, but that work rules could be rejected by the trustee. The reorganization court was given the authority to review the trustees decisions and to settle any disputes arising from the rejection. This provision was withdrawn by the full committee, and hearings will be conducted next year by the Human Resources Committee in the area of rail labor contracts and the trustees ability to reject them in a bankruptcy sit­uation.

house report no. 95595Section 1167 is derived from present section 77(n) [section 205(n) of former title 11]. It provides that notwithstanding the general section governing the rejection of executory contracts (section 365), neither the court nor the trustee may change the wages or working conditions of employees of the debtor established by a collective bargaining agreement that is subject to the Railway Labor Act [45 U.S.C. 151 et seq.], except in accordance with section 6 of that Act [45 U.S.C. 156]. The subject of railway labor is too delicate and has too long a history for this code to upset established relationships. The balance has been struck over the years. This provision continues that balance unchanged.

Editorial Notes

References in TextThe Railway Labor Act, referred to in text, is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. Section 6 of the Act is classified to section 156 of Title 45. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.

Amendments1994—Pub. L. 103394 struck out “(45 U.S.C. 151 et seq.)” after “Railway Labor Act” and “(45 U.S.C. 156)” after “such Act”.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 AmendmentAmendment by Pub. L. 103394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, see section 702 of Pub. L. 103394, set out as a note under section 101 of this title.