Quote: Originally Posted by Walter
I'm sure the source has given us all the facts.
You're welcome to try the unorthodox method of reading something before you post Walt. If that is too much for you, I suggest using a search engine. Posting irrelevant comments is your right though.
For the lazy folks, the actual court opinion (external - login to view)
lays out the facts, which is accurately summarized in the article I linked to...:
The factual background, which we take from the Fifth Circuit’s opinion, may be summarized
In February 2002, E. I. du Pont de Nemours and Company announced plans to spin off part of its operations, including its Terathane Products Unit in La Porte, into a wholly owned subsidiary, DuPont Textiles and Interiors (“DTI”). Most of the Unit employees were covered by a collective bargaining agreement (“CBA”), which gave them the right to transfer to other DuPont jobs rather than move to the new DTI subsidiary. DTI’s employees were to be covered by an identical CBA and would continue to receive the same pay and benefits they had at DuPont. But the Unit employees, who had worked for DuPont many years, were afraid DuPont would sell DTI, and that such a sale would adversely affect their compensation and retirement packages. DuPont wanted the
Unit employees to go to DTI to avoid significant training expenses — both for transferring employees in their new DuPont jobs and for their DTI replacements — and layoffs of people displaced by more senior transferring employees.
DuPont and the union agreed that the Unit employees would be given a deadline to decide whether to move to DTI, and the fate of those who decided to stay would be subject to further bargaining. DuPont allegedly assured the Unit employees, to persuade them to move to DTI, that DuPont would keep DTI, even though, unbeknownst to the employees, DuPont had already discussed selling DTI with a potential buyer, Koch Industries. Effective February 1, 2003, almost all of the Unit employees moved to DTI. A few weeks later, on April 14, DuPont announced it was negotiating a sale of DTI to Koch. The sale was finalized on May 1, 2004. Koch subsequently reduced the former DuPont employees’ compensation and retirement benefits.