842 F.2d 332 (6th Cir. 1988), 87-5369, Martin Marietta Energy Systems, Inc. v. N.L.R.B.

Docket Nº:87-5369.
Citation:842 F.2d 332
Party Name:MARTIN MARIETTA ENERGY SYSTEMS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.
Case Date:March 17, 1988
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
FREE EXCERPT

Page 332

842 F.2d 332 (6th Cir. 1988)

MARTIN MARIETTA ENERGY SYSTEMS, INC., Petitioner,

v.

NATIONAL LABOR RELATIONS BOARD, Respondent.

No. 87-5369.

United States Court of Appeals, Sixth Circuit

March 17, 1988

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

NLRB

ENFORCED.

On Appeal from the National Labor Relations Board.

Before LIVELY, Chief Judge, NATHANIEL R. JONES and MILBURN, Circuit Judges.

PER CURIAM.

Petitioner seeks review of an order of the National Labor Relations Board holding that it had committed an unfair labor practice by engaging in a midterm modification of a collective bargaining agreement in violation of Section 8(a)(5) and (1) and Section 8(d) of the National Labor Relations Act. We shall enforce the order.

I.

Petitioner, Martin Marietta Energy Systems, Inc. ("the Company"), operates certain government-owned laboratories and nuclear facilities at Oak Ridge, Tennessee pursuant to a contract with the United States Department of Energy. One of the facilities operated by the Company is the Oak Ridge Gaseous Diffusion Plant (referred to as K-25). The Oil Chemical and Atomic Workers International Union, and its Local 3-288 ("the Union"), have together represented hourly employees at K-25 since 1946. At all times relevant to this case, a collective bargaining agreement was in effect between the Company and the Union. This agreement was to expire on October 14, 1987.

Two memoranda of agreement, which are a part of the collective bargaining agreement, specify that the Company agrees to provide for its employees a Special Medical Expense Plan and a Hospital and Surgical Plan. Employee participation in both plans is voluntary. The specific matters covered in each of these plans are set forth in two booklets and both plans are incorporated into the contract as the Medical Insurance Plan for Hourly Employees, effective January 1, 1985. J.App. at 75A.

Article XV, Section 1 of the collective bargaining agreement contains a "zipper clause" which reads as follows:

It is hereby agreed that this contract contains the complete agreement between the parties or their successors, and no additions, waivers, deletions, changes or amendments shall be made during the life of this contract except by mutual consent, in writing, of the parties herein.

J.App. at 4A.

In late 1985, the Company began investigating Health Maintenance Organizations ("HMO's") with the thought that it might offer such plans as an alternative to the existing indemnity plans set out in the contract. To acquaint the various unions representing hourly employees at the Oak Ridge facility with the HMO concept, the Company scheduled meetings in December 1985 with the representatives of those unions, including Local 3-288. The Company met with representatives of Local 3-288 on December 19, 1985. The meeting was conducted by Robert Burnett, the Director of Personnel Administration.

As the Company acknowledges, Burnett's purpose at the meeting was two-fold. First, he reviewed with the Union the concept of HMO's and, second, he advised the Union of the Company's intent to implement an HMO during the first part of January 1986. During the meeting, Burnett gave a...

To continue reading

FREE SIGN UP