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Wabtec Investigation:  Rail Industry Employees Potentially Impacted by No Poach Agreements

We are investigating allegations that Westinghouse Air Brake Technologies Corp. “Wabtec,” Faiveley Transport S.A. “Faiveley” (acquired by Wabtec in November 2016), Knorr-Bremse AG “Knorr,” and their related subsidiaries entered into improper no poach agreements since approximately 2009.

Wabtec, Faiveley and Knorr allegedly agreed not to poach, solicit, recruit, hire without prior approval, or otherwise compete for each other’s skilled employees, including project managers, engineers, and directors/officers.  As a result, qualified candidates lost job opportunities and may have affected employees’ wages.  No poach agreements also held back competition in the market for these employees.

The US Department of Justice investigated this issue and filed a complaint against Wabtec and Knorr.  Wabtec and Knorr are two of the world’s largest suppliers of rail equipment and are each other’s top rival.  Wabtec and Knorr entered into similar no poach agreements with their other main competitor, Faiveley.

Following an investigation, the US Department of Justice found that no poach agreements were illegal and that employees were financially harmed.  On April 3, 2018, the DOJ issued a proposed final judgment and settlement with the defendants. Each defendant agreed to stop “attempting to enter into, entering into, maintaining, or enforcing any No-Poach Agreement or No-Poach Provision.”   The settlement did not order defendants to pay anything to the employees who had been harmed by no poach agreements.

If you worked for Wabtec, Faiveley, Knorr, or a subsidiary of those companies (including Wabtec Passenger Transit, Faiveley Transport North America, Knorr Brake Company, or New York Air Brake Corp.), between January 1, 2009 and April 3, 2018 you may have been injured by this unlawful conduct and may be entitled to compensation.

Contact Partner Joel Hurt for a free consultation to find out whether you have a No Poach Agreement claim and, if so, how we can help.

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Feinstein Doyle Payne & Kravec, LLC

Pittsburgh Office

429 Fourth Avenue, Suite 1300

Pittsburgh, PA 15219

Phone: +1 (412) 281-8400

Toll Free: +1 (888) 355-1735

Fax: +1 (412) 281-1007

New York Office

29 Broadway, 24th Floor

New York, NY 10006-3205

Phone: +1 (212) 952-0014