Case BLS Doc 350 Filed 12/17/13 Page 1 of 3 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE

Transcription

1 Case BLS Doc 350 Filed 12/17/13 Page 1 of 3 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE In re: ) Chapter 11 ) TPOP, LCC f/k/a METAVATION, LLC, ) Case No (BLS) ) Debtor. ) ADMINISTRATIVE EXPENSE REQUEST OF UNITED STEELWORKERS AND USW LOCAL UNION 564 United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union ( United Steelworkers or USW ) and its Local Union 564 ( Local Union ) (together, Union ), by and through the undersigned counsel, hereby files this Administrative Expense Request pursuant to 11 U.S.C. 503 in order to preserve any administrative expense claims that may be owing to itself and the bargaining unit employees it represents, and in support thereof, shows as follows: 1. The Union represents bargaining unit employees at the Debtor s Vassar, Michigan plant. The Union is authorized as a matter of law to file this administrative expense request. 2. The Union and the Debtor are parties to a collective bargaining agreement collective bargaining agreement ( CBA ) setting forth the terms and conditions of the bargaining unit employees of the Vassar plant. A true and correct copy of the CBA is attached hereto as Exhibit 1. The Union and the Debtor have also entered into a Plant Closing Agreement, a true and correct copy of which is attached hereto as Exhibit 2, which agreement remains subject to Bankruptcy Court approval. 3. As part of the obligations under the CBA and the Plant Closing Agreement, the Debtor is required to pay numerous obligations, including, but not limited to, payroll, accrued but unpaid vacation, severance pay, accrued but unpaid medical expenses and any other accrued

2 Case BLS Doc 350 Filed 12/17/13 Page 2 of 3 amounts as they come due in the ordinary course of business. The Debtor is also required to withhold and remit certain sums, including union dues, from the payroll of employees who have authorized such deductions. The Debtor has to this point paid these obligations in the ordinary course of business. 4. The parties CBA also includes a grievance and arbitration procedure which sets forth the means for resolving disputes involving the meaning and interpretation of the CBA. To the extent that there may be grievances and arbitration cases which have not yet been determined and thus could be asserted as part of this administrative claim, any and all pending grievances should be processed through the grievance and arbitration procedures of the applicable collective bargaining agreement. 5. The Union files this Administrative Claim in order to preserve any and all collectively bargained obligations, whether arising under the CBA or Plant Closing Agreement (i) that are not paid by the Debtor in the ordinary course of business, or (ii) which may be determined to be due as a result of the resolution of pending grievance and arbitration cases. The Union reserves the right to amend this Administrative Claim as necessary. COOCH AND TAYLOR, P.A. /s/ Susan E. Kaufman, Esquire Susan E. Kaufman (DSB # 3381) The Brandywine Building 1000 West Street, 10th Floor Wilmington, DE (302) (302) Fax skaufman@coochtaylor.com

3 Case BLS Doc 350 Filed 12/17/13 Page 3 of 3 and David R. Jury, Esquire Associate General Counsel UNITED STEELWORKERS Five Gateway Center, Room 807 Pittsburgh, Pennsylvania (412) (telephone) (412) (facsimile) djury@usw.org Date: December 17, 2013 Attorneys for United Steelworkers and USW Local 564

4 Case BLS Doc Filed 12/17/13 Page 1 of 35 EXHIBIT 1

5 Case BLS Doc Filed 12/17/13 Page 2 of 35

6 Case BLS Doc Filed 12/17/13 Page 3 of 35

7 Case BLS Doc Filed 12/17/13 Page 4 of 35

8 Case BLS Doc Filed 12/17/13 Page 5 of 35

9 Case BLS Doc Filed 12/17/13 Page 6 of 35

10 Case BLS Doc Filed 12/17/13 Page 7 of 35

11 Case BLS Doc Filed 12/17/13 Page 8 of 35

12 Case BLS Doc Filed 12/17/13 Page 9 of 35

13 Case BLS Doc Filed 12/17/13 Page 10 of 35

14 Case BLS Doc Filed 12/17/13 Page 11 of 35

15 Case BLS Doc Filed 12/17/13 Page 12 of 35

16 Case BLS Doc Filed 12/17/13 Page 13 of 35

17 Case BLS Doc Filed 12/17/13 Page 14 of 35

18 Case BLS Doc Filed 12/17/13 Page 15 of 35

19 Case BLS Doc Filed 12/17/13 Page 16 of 35

20 Case BLS Doc Filed 12/17/13 Page 17 of 35

21 Case BLS Doc Filed 12/17/13 Page 18 of 35

22 Case BLS Doc Filed 12/17/13 Page 19 of 35

23 Case BLS Doc Filed 12/17/13 Page 20 of 35

24 Case BLS Doc Filed 12/17/13 Page 21 of 35

25 Case BLS Doc Filed 12/17/13 Page 22 of 35

26 Case BLS Doc Filed 12/17/13 Page 23 of 35

27 Case BLS Doc Filed 12/17/13 Page 24 of 35

28 Case BLS Doc Filed 12/17/13 Page 25 of 35

29 Case BLS Doc Filed 12/17/13 Page 26 of 35

30 Case BLS Doc Filed 12/17/13 Page 27 of 35

31 Case BLS Doc Filed 12/17/13 Page 28 of 35

32 Case BLS Doc Filed 12/17/13 Page 29 of 35

33 Case BLS Doc Filed 12/17/13 Page 30 of 35

34 Case BLS Doc Filed 12/17/13 Page 31 of 35

35 Case BLS Doc Filed 12/17/13 Page 32 of 35

36 Case BLS Doc Filed 12/17/13 Page 33 of 35

37 Case BLS Doc Filed 12/17/13 Page 34 of 35

38 Case BLS Doc Filed 12/17/13 Page 35 of 35

39 Case BLS Doc Filed 12/17/13 Page 1 of 7 EXHIBIT 2

40 Case BLS Doc Filed 12/17/13 Page 2 of 7

41 Case BLS Doc Filed 12/17/13 Page 3 of 7

42 Case BLS Doc Filed 12/17/13 Page 4 of 7

43 Case BLS Doc Filed 12/17/13 Page 5 of 7

44 Case BLS Doc Filed 12/17/13 Page 6 of 7

45 Case BLS Doc Filed 12/17/13 Page 7 of 7

46 Case BLS Doc Filed 12/17/13 Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In Re: ) Chapter 11 ) TPOP, LLC f/k/a METAVATION, LLC, ) Case No BLS ) Debtor. ) CERTIFICATE OF SERVICE I, Susan E. Kaufman, Esquire certify that I caused one true and correct copy of the within Administrative Expense Request of United Steelworkers and USW Local Union 564 to be sent on December 17, 2013 in the manner indicated to the following: VIA HAND DELIVERY Laura Davis Jones, Esquire David M. Bertenthal, Esquire Timothy P. Cairns, Esquire Colin R. Robinson, ESquire Pachulski Stang Ziehl & Jones LLP 919 North Market Street, 17 th Floor Wilmington, DE DATED: December 17, 2013 Cooch and Taylor, P.A. /s/ Susan E. Kaufman Susan E. Kaufman, (DSB#3381) 1000 West Street, 10 th Floor The Brandywine Building Wilmington, DE (302) / (302) Fax skaufman@coochtaylor.com