The union’s argument, according to court documents, was that the National Labor Relations Act says that even if a CBA has expired, the company has to abide by its terms until a new one is agreed upon. The Court of Appeals had ruled in favor of the company, affirming a bankruptcy court decision to abolish the terms of the CBA during the bankruptcy process. The appeals court said that by not requiring Trump Entertainment Resorts to keep the terms of the CBA, they’d be able to preserve the jobs of their employees, which was preferable to abiding by the agreement.
Since the Supreme Court will not be reviewing that decision, the workers will not be able to claim their lost benefits.