Wabtec, union reach court-approved deal over conduct of striking workers at Erie plant

For the second time in a little over four years, Erie's Wabtec Corp. plant and its unionized workforce have entered into a court-approved consent decree to regulate the actions of striking employees on the picket lines.

The two sides reached the latest deal in Erie County Common Pleas Court on Thursday. The agreement came as Wabtec and the United Electrical, Radio and Machine Workers of America continue to be at odds over a new labor contract — a stalemate that led 1,400 union workers to walk off the job at Wabtec's sprawling locomotive plant in Lawrence Park Township on June 22.

Thursday's agreement is similar to the consent decree Wabtec and the UE reached in March 2019, the last time the union went on strike at the plant.

Wabtec got to court on Thursday by filing a motion for a preliminary injunction against the UE on Monday.

The Pittsburgh-based company asked Judge Erin Connelly Marucci to enjoin the striking workers from blocking entrances and exits to the plant, harassing non-striking workers and otherwise disrupting the plant's operations. The consent decree prohibits that type of behavior.

As the lawyers for both sides entered the courtroom on Thursday, Connelly Marucci immediately asked them to see if they could work out a deal. The talk started at 9:25 a.m. and produced the consent decree at about 11:10 a.m.

Deal limits number of striking workers at company gates

Connelly Marucci signed the deal and reviewed its terms in a courtroom filled with 15 to 20 union members and about seven to 10 non-striking Wabtec employees and representatives of the company. Wabtec had been prepared to call witnesses to support its claims in the request for the preliminary injunction, but no one testified due to the agreement on the consent decree.

The consent decree's first term prohibits the the union from harassing non-striking workers and otherwise "interfering with the business activities of Wabtec." The deal also enjoins Wabtec "from any and all acts or threats of violence, intimidation, coercion, molestation, libel or slander against the Defendants (the UE) engaged in the labor dispute."

The agreement lists a total of 15 terms that regulate strikers' conduct. Among them is a requirement that limits the number of pickets at any one gate to no more than 10 at a time. The consent degree further dictates that those pickets keep moving.

Contacted Thursday afternoon, Scott Slawson, president of UE Local 506, which represents the vast majority of the striking workers, said he was generally satisfied with the agreement.

"We were able to work out something that works for both parties that doesn't inhibit the ability (of the union) to continue to protest Wabtec and still somewhat allows Wabtec to continue to operate the plant," he said.

On the face of it, the limit on the number of picketers seems to stand in sharp contrast to what's been the case during the six-week strike up to this point. On most days, particularly during daylight hours, hundreds of striking workers at a time can be found scattered at gates, both used and unused along the perimeter of Wabtec's vast campus.

Slawson, however, said the agreement only limits the number of pickets who can march at any one time in front of a company gate.

He said an unlimited number of striking workers will be permitted to continue to demonstrate in the areas on either of the gates, where most strikers have been located at any one time.

The consent decree, among other things, also prohibits striking workers from:

• "Engaging in physical violence and vandalism."

• Following non-striking workers and "business invitees of Wabtec" as they enter and leave the plant.

• Videotaping or photographing those who enter or leave the plant.

• Picketing "en masse at or in the vicinity of Wabtec property."

The consent decree states that its enforcement is the responsibility of the Erie County Sheriff's Office, Lawrence Park police, Erie police or other law enforcement. Connelly Marucci retained jurisdiction over the consent decree and would head any disputes on how it is carried out.

"I appreciate counsel's hard work and diligence this morning," Connelly Marucci told the lawyers at the end of the hearing. She said she appreciated both sides' resolution of the case and "ending up on the same page" with the consent decree.

Slawson said he doesn't see the restrictions as a great departure from how the strike has been conducted up to this point.

"We have made as much of an effort as possible to stick to the terms of the last injunction we had on us," he said. "I think there was the understanding that we wouldn't shut the facility down. We are trying to keep it a peaceful demonstration."

Consent decree meant to balance concerns of Wabtec, union

In advance of the hearing, Slawson described the company's claims as unfounded.

In an interview earlier this week, Slawson said, "Any issues that have been brought to our attention have been addressed. The company can make what they want of it, but most of what is being claimed isn't happening."

In court, Michael Healey, the lead lawyer for the UE, agreed with a statement of one of the lawyers for Wabtec, James Urban, of Pittsburgh. The consent decree, Urban said in court, "balances the union's right to picket ... and the company's right to run its business during a work stoppage."

Court action mirrored case during 2019 strike

This request for an injunction ended Thursday in similar fashion to the separate court action that Wabtec filed against the union in the 2019 strike. That work stoppage began the same day that Wabtec completed the purchase of what had been GE Transportation.

Four days into that strike, Wabtec sued for a judge to issue a preliminary injunction to address the conduct of more than 1,700 striking who walked the picket line.

Erie County Judge John J. Mead scheduled a hearing on that request, but Wabtec and the union reached an agreement before Mead heard any testimony.

In the new case, Wabtec filed its request for a preliminary injunction just as the two sides returned to the bargaining table on Wednesday morning, though those talks failed to produce a deal to end the strike with a new labor contract.

2019 case: Deal reached on picketing

A number of issues separate the union and Wabtec in the strike, which began on June 22 when the union rejected the company's most recent offer.

Key points of contention include wage increases and a progressive wage scale that starts new employees at a lower wage and increases their pay to match legacy employees over a 10-year period. The union has proposed shortening that progression to five years, but Wabtec has not budged.

The two parties also continue to disagree over vacation scheduling, grievance procedures and the union's desire to cap health care costs.

Contact Ed Palattella at epalattella@timesnews.com. Follow him on Twitter @ETNpalattella.

Staff writer Jim Martin contributed to this report.

This article originally appeared on Erie Times-News: Wabtec, union avoid court fight, reach deal over picket line conduct