@LRToday Morning Round-Up: June 11, 2012
DC Circuit Sends DuPont Benefits Case Back to NLRB: Abigail Rubenstein of Law360 ($) writes that the D.C. Circuit Court of Appeals granted DuPont's request for review of a NLRB decision finding that it unlawfully changed its employee benefits program while in negotiations with two unions.
The appeals court sided with the company, holding that because DuPont made changes to its benefits package, known as BeneFlex, annually in anticipation of the annual enrollment period it was in fact following its past practice, even if the changes had never before occurred while collective bargaining agreements were in flux.
Given these facts, the court found that the NLRB's decision finding that DuPont committed an unfair labor practice conflicted with the NLRB's own precedent from 2004. Accordingly, the court "remanded the matter to the board, saying that it must either conform to its precedent in the 2004 case or explain its reasons for changing course."
Port of Portland Files ULP Charge: The Columbian reports that the Port of Portland filed an unfair labor practice charge with the National Labor Relations Board against the International Longshore and Warehouse Union, Local 8. According to the story, there is a jurisdictional dispute between the Lonshoremen and the International Brotherhood of Electrical Workers over a small number of jobs. The ULP alleges that the Longshoremen are causing delays through a work slowdown.
Utility Workers file ULP against Pilgrim Nuclear: Fred Hanson of The Patriot Ledger writes that the Utility Workers of America Local 369 filed five various unfair labor practice charges against Pilgrim Nuclear Power Plant related to their negotiations for a collective bargaining agreement. According to the union, the employer locked out the workers on Tuesday.
