Members of the 11 unions that work within the Chicago Transit Authority are suing the CTA, accusing the public transit agency of not properly calculating their overtime when they work second or third shift.
On June 19, attorneys with the firm of Asher Gittler & D’Alba Ltd., of Chicago, filed suit in Chicago federal court against the CTA. The lawsuit was brought as a collective action on behalf of named plaintiffs Joel Byrd, John Perkovich, Joseph Wright, Louis Gordon, Michael Keele, Pedro Luna and Robert Cooper.
According to the complaint, Byrd, Cooper and Luna worked as “maintainers,” and are members of the International Brotherhood of Electrical Workers Local 9. Wright was a foreman and a member of IBEW Local 9. Perkovich was a foreman, and member of the Carpenters Union Local 1027. Gordon was a lineman and member of IBEW Local 9. And Keele worked as an escalator mechanic and was a member of IBEW Local 134.
According to the complaint, all the plaintiffs worked either second shift, starting between 3:30 p.m. and 11:30 p.m., or third shift, starting work between 11:30 p.m. and 7 a.m.
The complaint asserts, under the various collective bargaining agreements, second shift workers are paid a 10% shift differential over regular wages, while third shift workers earn a 15% differential.
Further, the complaint claims all of the named plaintiffs worked overtime, at time and a half, in the last three years.
However, the complaint alleges the CTA did not use their shift differential when calculating their overtime pay. This alleged practice allegedly shorted them pay, and allegedly violated the federal Fair Labor Standards Act and state wage laws, according to the complaint.
The lawsuit asks the court to order the CTA to pay them three times the amount of alleged underpayment, plus damages of “5% of the amount of any underpayments for each month following the date of payment during which said underpayments remain unpaid.” They also seek attorney fees.
The complaint seeks compensation for the named plaintiffs, as well as all other “similarly situated” CTA employees, who were allegedly underpaid for overtime work on the second and third shifts.