Appeals Court Upholds Order to Keep Plants Open

by James Parks, Jul 9, 2010

In a major win for workers, the 2nd U.S. Circuit Court of Appeals upheld an injunction that prevents Pratt & Whitney from closing plants in Cheshire and East Hartford, Conn., and throwing some 1,000 workers onto the street.

Machinists (IAM) District 26 had filed suit saying the decision to move the work violated their contract. A federal judge issued an injunction in February 2010 preventing the closings. United Technologies Corp. (UTC), Pratt’s parent company, appealed to the federal appeals court.

In an unanimous 23-page decision, a three-judge panel said the district court correctly  concluded that Pratt had not made, and was not making, “every reasonable effort” to preserve bargaining unit work as required by the CBA [collective bargaining agreement].

“This once again confirms what we’ve said all along—Pratt didn’t give us a chance to address their concerns to keep the work here,” said IAM’s chief negotiator Jim Parent.

It’s more than 1,000 hourly and salary jobs—that’s 1,000 workers who deserve a fair chance to keep their livelihoods, and a thousand families who depend on those wage earners.

The company had announced plans to move the work to Singapore, Japan and the state of Georgia. The current contract expires Dec. 5, 2010, and IAM leaders say the union will fight to preserve these jobs and expand opportunities in the next contract.

Pratt & Whitney management informed IAM members in July 2009 they intended to close the two facilities, and rejected all proposals to keep the work in Connecticut, including millions of dollars in concessions offered by the union—and up to $100 million in proposed aid from the state.

Through the lawsuit, the IAM obtained evidence showing that United Technologies had planned to close these two facilities long before giving notice to the union, and had rejected options that would have kept the jobs in Connecticut.

Everett Corey, the directing business rep for District 26, said:

This court decision brings home the fact that UTC and Pratt leadership need to reconsider their plans. They need to work with us, not against us… We’re prepared to reach agreement—or fight it out—in contract negotiations. The ball’s in the company’s court right now.

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