7th Circuit Finds Chicago Bus Company in Contempt of District Court Order – Owes Backpay and Board’s Attorney Fees

The National Labor Relations Board racked up yet another victory against Latino Express Inc., a Chicago-area bus company whose employees voted in early 2011 to be represented by Teamsters Local 777.  The initial ULP charges were filed in early 2011 by two fired drivers and Teamsters Local 777 at the NLRB Regional Office in Chicago.  The Region investigated the charges and in March 2011 issued a consolidated complaint alleging numerous violations by Latino Express.  While that case was pending before the Board, attorneys in the Region won a temporary injunction in federal district court and Latino Express was ordered to, among other things, offer immediate reinstatement to the two fired drivers.
The Company failed to comply with the district court’s order and was found in contempt by Judge John F. Grady on July 2, 2012.  The district court then issued an order requiring, among other things, new offers of reinstatement to both employees, backpay to the employees, payment to the NLRB for its attorney’s fees and costs for investigating and prosecuting the contempt matter, and threatened fines against the company and the owner if the company failed to comply with the contempt order.
Latino Express appeal the contempt finding to the Seventh Circuit and oral arguments were heard by the Court in September 2014.  On January 12, 2015, the Seventh Circuit issued its decision completely affirming the contempt findings against Latino Express and its Vice President.  Accordingly, the Board is resuming its efforts to obtain back pay for the two employees pursuant to the Judge’s contempt finding and update its attorney’s fees due.