Decided Aug. 20, 2009
Before Pooler and Katzmann, C.JJ.*

Petitioner National Labor Relations Board (“Board”) petitions for enforcement of its August 31, 2007 Decision and Order (“Order”) finding Respondent Consolidated Bus Transit, Inc. (“CBT”) to have committed various unfair labor practices in violation of the National Labor Relations Act (“Act”), 29 U.S.C. §151 et seq. CBT cross-petitions for review of the Order and contends that the Board wrongly concluded that the company discharged employee Juan Carlos Rodriguez, in violation of sections 8(a)(1) and (3) of the Act. CBT asserts also that, even if Rodriguez was discharged, the Act’s policies and Board and Circuit precedent preclude the award of back pay as a remedy because Rodriguez was unlicensed to drive a school bus during the back pay period. We disagree, enforce the Order in full, and deny the cross-petition for review.

Joan E. Hoyte, Attorney (Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Fred B. Jacob, Supervisory Attorney, on the brief), Washington, D.C., for Petitioner-Cross-Respondent.