The D.C. Circuit rejected the National Labor Relations Board’s ruling that DuPont Co. had violated labor law by changing its employee benefits program while in negotiations with two local unions. The court found that the board had departed from precedent without justification.

DuPont appealed to the court after the NLRB concluded that the company had committed an unfair labor practice by unilaterally implementing changes to its benefits program while in collective bargaining with unions at its facilities in Louisville, Ken., and Edgemoor, Del. The NLRB said that, because DuPont had never before updated the benefits programs during union negotiations, it could not claim that it was continuing past practice. The appeals court sided with the company. DuPont was represented by Ballard Spahr litigators Steven W. Suflas and Denise M. Keyser.