United States First Circuit

Dismissal of an unfair labor practices complaint against an employer for unilaterally merging an employee pension plan with that of its parent company is affirmed where the employer had a sound arguable basis for interpreting the employees' contract as granting it the authority to merge the pension plan without the unions' consent.

Appellate Information

• Decided 01/29/2007
• Published 01/29/2007

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• James B. Coppess, with whom Catherine Fayette, Aaron D. Krakow, Allison Beck, and Daniel W. Sherrick, were on brief, for petitioners., William J. Kilberg, P.C., with whom Eugene Scalia, William M. Jay, and Gibson, Dunn & Crutcher LLP, were on brief, for intervenor., Charles I. Cohen, with whom Daniel P. Bordoni, and Morgan, Lewis & Bockius, LLP, were on brief, for amicus curiae Council on Labor Law Equality.


• For Appellees:
  
• Kira Dellinger Vol, Attorney, National Labor Relations Board, with whom Fred B. Jacob, Supervisory Attorney, Ronald E. Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, were on brief, for respondent.