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BP Amoco Corp. v. NLRB

Since collective bargaining agreement expressly incorporated company benefit plan, which in turn authorized employer to amend plan at any time, employer did not engage in unfair labor practice by altering employee medical benefit plan.

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The full case caption appears at the end of this opinion.

Karen LeCraft Henderson, Circuit Judge: The petitioners, BP Amoco Corp., successor by merger to Amoco Corporation, and its subsidiaries (collectively BP Amoco) [FOOTNOTE 1] seek review of a decision and order of the National Labor Relations Board (NLRB, Board) holding that BP Amoco committed an unfair labor practice by unilaterally altering its employee medical benefit plan in violation of the collective bargaining agreements between Amoco Corporation and five locals of Intervenor Paper, Allied Chemical and Energy Workers International Union, successor to the Oil, Chemical and Atomic Workers International Union (collectively identified as Union). Because the collective bargaining agreements expressly incorporated the company benefit plan, which in turn expressly reserved to BP Amoco the right to amend the plan at any time, we conclude BP Amoco did not commit an unfair labor practice. Accordingly, we grant BP Amoco’s petition for review and deny the Board’s cross-application for enforcement.

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