Aeronautical Industrial District Lodge No. 91 v. National Labor Relations Board

How later courts describe this case

• stating that “[s]ection 109(f) was redesignat-ed section 109(g) by the Bankruptcy Judges, United States Trustees and Family Farmer Act of 1986, Pub.L. No. 99-554. A conforming amendment to section 349(a) was inadvertently not enacted”.
• applying arbitrary and capricious standard to review of sanction involving health and welfare plans
• 180 day preclusion from re-filings is the longest duration of such a ban by a bankruptcy court which can be authorized
• The Tenth Circuit concluded that the new filings can only be barred for 180 days pursuant to section 109(g) of the Code
• section 349(a) consists of two clauses, separated by a semicolon and addressing two distinct concerns
• a bankruptcy court’s denial of all access to bankruptcy relief for 180 days is not reviewable after the 180 days have passed
• “[Bjecause it should have been clear to [Respondents] that associating with known members of organized crime would bring reproach upon the IBT, sanctioning them for these activities is not constitutionally infirm.”