United States DC Circuit

Whether an employer can lawfully cancel a competitiveness agreement depends on the terms of the agreement, so the issue is one of contract interpretation only, and the Board should not decide the matter if the company had a "sound arguable basis" for its interpretations and actions.

Appellate Information

• Argued 05/08/2001
• Decided 06/29/2001
• Published 06/29/2001

Judges

• Before:  HARRY T. EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Philip Allen Lacovara argued the cause for petitioner Honeywell International, Inc.   With him on the briefs was Charles P. O'Connor., Thomas W. Meiklejohn argued the cause and filed the brief for petitioner United Automobile Workers of America.  Gregg D. Adler entered an appearance., Philip Allen Lacovara and Charles P. O'Connor were on the brief for intervenor Honeywell International, Inc., Thomas W. Meiklejohn was on the brief for intervenor United Automobile Workers of America.


• For Appellees:
  
• David A. Fleischer, Senior Attorney, National Labor Relations Board, argued the cause for respondent.   With him on the brief were John H. Ferguson, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel.  David S. Habenstreit, Attorney, entered an appearance.