"D.C. Circuit Refuses To Enforce NLRB’s Decision Regarding Routine Benefit Changes After Contract Expiration"

Employers may have less to worry about when making changes to benefits during contract negotiations after a federal Court of Appeals decision in E.I. Du Pont de Nemours & Co. v. NLRB, No. 10-1300 (D.C. Cir. June 8, 2012). The D.C. Circuit refused to enforce the National Labor Relations Board's (NLRB) finding that Du Pont Co. had committed an unfair labor practice when it changed its health care plan during negotiations for a new collective bargaining agreement after the old agreement had expired. Although Du Pont had routinely made changes to its benefits package prior to an annual enrollment period, the NLRB found that when Du Pont made these annual changes during bargaining for a new contact, the changes were improper unilateral changes and constituted an unfair labor practice.