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ANDERSON v. PHILLIPS PETROLEUM CO.

Nos. 86-2716, 87-1019.

861 F.2d 631 (1988)

Craig A. ANDERSON, Plaintiff-Appellee/Cross-Appellant, v. PHILLIPS PETROLEUM COMPANY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 26, 1989.

As Amended February 3, 1989.

Attorney(s) appearing for the Case

David J. Waxse of Shook, Hardy & Bacon, Overland Park, Kan. (Carol F. Fowler of Shook, Hardy & Bacon, Overland Park, Kan., James H. Ottman of Shook, Hardy & Bacon, Kansas City, Mo., William G. Paul, Gen. Counsel, Charles R. Griffin, Associate Gen. Counsel, and C.H. Purdy, Atty., Phillips Petroleum Co., with him on the briefs), for defendant-appellant/cross-appellee.

John H. Fields (Blaise R. Plummer, with him on the briefs) of Carson & Fields, Kansas City, Kan., for plaintiff-appellee/cross-appellant.

Before HOLLOWAY, Chief Judge, and McKAY and BALDOCK, Circuit Judges.

McKAY, Circuit Judge.

On March 9, 1982, Phillips Petroleum Company ("Phillips") publicly announced that it was closing its Kansas City, Kansas, refinery. Phillips' Kansas City management entered a closure agreement with the union workmen's committee which stipulated that the company would

consider qualified employees from the Kansas City refinery for employment at other company facilities where openings exist. The decision as to whether an employee is selected...

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