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H.R.1367 / 109th Congress

To amend title 11 of the United States Code to protecting the labor rights of current and former employees of coal industry employers that are debtors under such title.

Referred to the Subcommittee on Commercial and Administrative Law.

Official summary

Version 00 · Introduced in House · Mar 17, 2005

Expresses the sense of Congress that the abuse of the provisions of bankruptcy law by certain coal industry employers is damaging to the economic health of the United States, as well as to the employees who are directly harmed by such legal abuses.

Amends Federal bankruptcy law to declare that sale by the bankruptcy trustee of a facility owned or operated by a coal industry employer involved in coal production, processing, or transportation is subject to the labor rights of the current and former employees of the debtor.

States that if employees at such facility are represented by a labor organization, such organization is conclusively presumed to enjoy majority support for a period of one year from the date of such sale, or such longer period as required by applicable nonbankruptcy law.

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Sets forth criteria for approval of an application to reject a collective bargaining agreement by a coal industry employer relating to a covered facility.

States that obligations arising under the terms of a collective bargaining agreement before the entry of bankruptcy relief are secured by a lien on all of the debtor's assets.

Declares that all members of a debtor's controlled group of corporations are jointly and severally liable for damages arising as the result of the court-approved application for the modification of retiree benefits owed by a coal industry employer relating to a covered facility. Declares all such claims entitled to priority status.

Read the summary on Congress.gov
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Who introduced it

Rep. Boucher, Rick [D-VA-9] · D–VA

Committees

  • Judiciary Committee
4 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Commercial and Administrative Law.

  2. Referred to the House Committee on the Judiciary.

  3. Introduced in House

  4. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.

Source last updated: Sep 29, 2021. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.1367 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

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Institutions and government scope

Conservative lens

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Individual rights and government power

Liberty lens

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