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E.I. DU PONT DE NEMOURS AND CO. v. N.L.R.B.

Nos. 10-1300, 10-1301, 10-1353, 10-1355.

682 F.3d 65 (2012)

E.I. DU PONT DE NEMOURS AND COMPANY, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 2012.

Attorney(s) appearing for the Case

Steven W. Suflas , argued the cause for petitioner. With him on the briefs were Denise M. Keyser , Mark L. Keenan , and Brennan W. Bolt , Donna D. Page entered an appearance.

MacKenzie Fillow , Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, and Robert J. Englehart , Supervisory Attorney, Daniel A. Blitz , Attorney, entered an appearance.

Matthew J. Ginsburg , argued the cause for intervenor. On the brief were Richard J. Brean , Daniel M. Kovalik , and James B. Coppess.   Mariana L. Padias entered an appearance.

Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge RANDOLPH.

GINSBURG, Circuit Judge.

The National Labor Relations Board held E.I. Du Pont de Nemours & Co. engaged in an unfair labor practice by unilaterally implementing changes to its employee benefits program while it was between collective bargaining agreements with two local unions. Because the Board departed, without giving a reasoned justification, from its precedent allowing an employer unilaterally to change wages, hours, or working conditions when doing so is in...

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