NLRB v. HH3 Trucking, Inc.

Federal 7th Circuit Court
Civil Court
Case Number: 
Nos. 05-1362 & 05-4075 Cons.
Decision Date: 
June 13, 2014
Federal District: 
Motion to Set Remedy for Civil Contempt
Motion granted
Ct. of Appeals held employer’s owners in civil contempt for failing to comply with prior Ct. order directing owners to pay over $190,000 in back pay (as previously mandated by NLRB) to employer’s employees. While owners argued that they were legally excused from paying said wages since source of payments would come from pension plan covered by ERISA, Ct. of Appeals found that section 206(d)(1) of ERISA does not prohibit attachment or garnishment of funds after plan had distributed said funds to owners. Moreover, Ct. looked to amount of funds owners also received from Social Security to determine what owners could pay and determined that owners could pay $600 per month to satisfy back pay obligation.