The standoff between industrial gases and welding supplies distributor Airgas and the union representing some of its tankhaul workers has reached the litigation level.

Lawsuit Filed by Airgas

In late July, Airgas sued Teamsters Local 773 and the greater Teamsters union, claiming that the two coordinated to organize and enable strikes at Airgas’ Allentown, PA facility and incentivized workers to participate — violating those union workers’ collective bargaining agreement rights in the process.

But Local 773 is refuting that claim, arguing that their refusal to work from June 25-28 and July 8-12 wasn’t actually a strike, but a picket line set up by a different union — Teamsters Local 701 — which was leading a strike of Airgas workers on those same days in Lincoln Park, NJ. In a dismissal motion filed Aug. 18, Local 773 said this means the section of their CBA that Airgas claims has been violated doesn’t apply and instead, the section that does apply protects workers’ rights to honor picket lines.

“Airgas’ claim of breach of the CBA is completely hollow in light of the fact that the underlying action complained of, i.e., that employees refused to ‘go through or work behind’ a picket line set up by another union at the Allentown facility, is expressly permitted by Article 13, Section 2 of that agreement,” Local 773 said in the dismissal motion.

Airgas sued Local 773 and Teamsters on July 24, claiming that they “instigated, promoted, caused, sponsored, condoned and permitted strikes at (Airgas’) Allentown facility” and incentivized workers to take part. Airgas is seeking monetary damages — claiming that the strikes caused over $200,000 in damages to date — and a declaration that Local 773 violated its CBA.

Lawsuit Filed by Teamsters

Meanwhile, the Teamsters have filed their own lawsuit against Airgas regarding an alleged “deliberate” chemical leak incident outside the company’s facilities in Oakland, NJ and Peoria, IL as employees were picketing at those locations.

The Aug. 6 lawsuit — filed by five New Jersey Airgas employees — says Teamsters employees were “engulfed in dense white plumes of unidentified hazardous gas released from the companies facilities” on both July 8 in Oakland and July 10 in Peoria. Teamsters said the gas made direct contact with workers’ skin, was inhaled and ingested, and that several workers sought medical care for chemical exposure.

“Our members were exercising their lawful right to picket when Airgas released toxic chemicals on them,” Ron Lake, President of Local 701, said in a news release. “This was not an accident. The fact that this took place at two separate facilities within a two-day period suggests to me that it was an intentional attack meant to intimidate and harm. Airgas crossed the line of moral decency, and our members will hold them accountable.”

The lawsuit seeks compensatory and punitive damages as well as injunctive relief “to prevent future incidents.”

Teamsters’ employees of Airgas have been on strike since June over what the union said is unfair labor practices. As of Aug. 19, primary picket lines in Hawaii, New Jersey and Ohio have been extended to more than 15 Airgas facilities across 11 states.

Commenting on the lawsuit, Airgas provided the following statement to The Daily Voice in Sussex County, NJ:

“We are unable to comment on pending litigation. Regarding the Teamster’s publication of alleged incidents in Oakland, NJ and Peoria, IL, standard industrial and medical gas industry processes involve the regular venting of atmospheric gases, gases common in the air we breathe, which can cause a visible water vapor cloud to form due to rapid cooling of humid air. Nothing is more important to us than the safety of our people and communities, and any suggestion that we would intentionally cause harm is ill informed and reckless.”

Airgas provided a similar statement to MDM on July 24 after the union first claimed that the gas release was intentional:

“First, we must address the allegation that chemical agents were used against striking workers at our facilities. This allegation is unequivocally false.

The circumstances surrounding the alleged incident in Oakland, NJ depicts a standard industry process where, in this case, CO2 is safely vented to avoid an overpressuring of the cryogenic equipment that stores these gases. During that process, a visible water vapor cloud may form due to rapid cooling of humid air. It is not clear to us what situation the union may be referencing in Peoria, IL.

Nothing is more important to us than the safety of our people and communities, and any suggestion that we would intentionally cause harm is ill-informed and reckless.

Regarding the extent of the strike activity, out of 1,400 Airgas locations, only two are actively on strike. While picket lines have been intermittently extended to approximately 10 other sites, we have robust contingency plans in place to provide continuity of service for our customers.

We remain committed to bargaining in good faith to reach a mutually acceptable agreement while continuing to safely and reliably serve our customers.”

MDM will follow the resolution of both of these lawsuits.