Bloomberg Law
Jan. 18, 2019, 11:03 AM UTC

Icahn-Trump Memo Revives Whether Bankruptcy Can Kill Union Pacts

Chris Opfer
Chris Opfer
Reporter/Editor

A recently uncovered National Labor Relations Board memo on the bitter dispute between billionaire investor Carl Icahn and Trump Taj Mahal casino workers may provide a roadmap for unions to pursue recourse when labor contracts are nullified during bankruptcy proceedings.

Barry Kearney, the board’s former associate general counsel, concluded in 2016 that Taj Mahal workers could pursue certain unfair labor practice claims against Icahn and the Atlantic City, N.J., casino’s other owners. That was despite a federal appeals court ruling that Icahn could use bankruptcy to scrap obligations to cover workers’ pensions and health care.

“That was a major, major ...

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