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EXXON RESEARCH & ENGINEERING CO. v. N.L.R.B.

No. 95-60358.

89 F.3d 228 (1996)

EXXON RESEARCH & ENGINEERING COMPANY; Exxon Company, U.S.A.; Exxon Chemical Americas; Exxon Chemical Company, Petitioners-Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

July 16, 1996.

Attorney(s) appearing for the Case

Stephen W. Smith, Fulbright & Jaworski, Houston, TX, for respondents.

Aileen A. Armstrong, Deputy Associate General Counsel, Peter David Winkler, Julie Brock Broido, National Labor Relations Board, Washington, DC, Michael Dunn, Director, National Labor Relations Board, Fort Worth, TX, for NLRB.

Howard Shapiro, McCalla, Thompson, Pyburn, Hymowitz & Shapiro, New Orleans, LA, for The Thrift Plan of Exxon Corporation, A Part of the Benefit Plan of Exxon Corporation and Participating Affiliates, amicus curiae.

Before GARWOOD, HIGGINBOTHAM and BENAVIDES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case presents the question whether an employer's failure to bargain with its unions regarding unilateral changes made to a benefit plan governed by the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq., and ordered by the plan's trustees constitutes an unfair labor practice. The National Labor Relations Board held several divisions of Exxon Corporation and one of its subsidiaries responsible for...

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