Merging two Profit Sharing Plans - one with union employees

[Guest terric]

There are two profit sharing plans (same employer). Plan A allows everyone in including union employees. Plan B excludes union employees. The employer would like to merge Plan A into Plan B. The intent is to no longer cover union employees. What issues are there in doing this - is it even allowed?

Thank you for any input.

[Effen]

Was this merger and subsequent union exclusion negotiated with the union? If not, you are most likely violating the contract.

[Guest terric]

My understanding is that the employer created this plan on their own - no union involvement.

[Effen]

They may not have been involved when he gave it too them, but I would expect them to be involved when he tries to take it away.

That said, I find it hard to believe that he just "gave" his unionized workers something without asking for something in return. I suppose it's possible... just not probable.

Maybe a labor lawyer can chime in here.