Court To Move Quickly On Pratt and Whitney's Appeal On Plant Closures

Mar 10, 2010 — The Hartford Courant

Eric Gershon

Mar. 10, 2010 (McClatchy-Tribune Regional News delivered by Newstex) -- A federal appeals court on Tuesday granted Pratt and Whitney (NYSE:UTX) an expedited review for its challenge of a lower-court decision barring company plans to close its Cheshire factory.

The order from the U.S. 2nd Circuit Court of Appeals in New York renews the possibility that Pratt could lay off nearly 1,000 Connecticut workers before December, an action the initial court ruling seemed to have foreclosed.

In a single-page order, the appeals court said it could hear the case as soon as the week of May 31, with briefs from Pratt and the Machinists union due in April and May, respectively.

Last September, the union sued Pratt in U.S. District Court, attempting to block the company's announced plans to close a jet engine overhaul and repair factory in Cheshire and an airfoil repair unit in East Hartford. The company said it would move the operations work to Columbus, Ga., and Asia.

Judge Janet Hall, ruling in the union's favor on Feb. 5, said Pratt had violated an existing labor agreement with the union by failing to consider, in good faith, alternatives to closing the plants.

Last Thursday, Pratt asked the appeals court for hastened review, arguing that the regular appeal process would take too long for the company to take advantage of a ruling in its favor.

In a brief statement Tuesday, Pratt said it was pleased by the appellate court's order, saying it "helps to ensure our appeal will move quickly through the court process."

Also Tuesday, lawyers for Pratt submitted a summary of the issues it might raise in the appeal. Hall erred by discounting aspects of Pratt's contract with the Machinists that protect the company from having to take any steps that would reduce its profits, the summary alleges, among other things.

Pratt wanted to begin closing the Cheshire factory in January and finish by early 2011. The company wanted to close the East Hartford unit this year. Hall issued an injunction forbidding the closures before December, when the labor contract expires.

However Pratt fares in its appeal, it plans to cut 163 Connecticut Machinists from its payroll on March 19, saying there isn't enough work for them in Cheshire and East Hartford. Hall's original ruling did not forbid layoffs, only the closing of the factories before the current contract's expiration.

Pratt, a division of United Technologies Corp., has indicated in previous court filings that it plans to close them after Dec. 5, if there is no legal opportunity sooner.

Newstex ID: KRTB-0083-42732893