the lockout was unlawful. The case was submitted to the NLRB's Division of Advice and in March 2002, the Regional Director for Region 13 issued a complaint against Midwest Generation. The complaint alleged that the lockout unlawfully targeted employees based on their union activity because the company permitted employees to continue to work during the lockout if they had not struck, or if they had ceased to participate in the strike prior to the union's unconditional offer to return. The case was transferred to the NLRB in May 2002 and in September 2004, by a 2–1 panel vote, the George Bush-appointed Board found that Midwest Generation had not violated the NLRA. In October 2005, the US Court of Appeals for the Seventh Circuit reversed the Board's decision and remanded the case back to the Board with instructions to find that the lockout violated Section 8(a)(1) and (3) of the Act because it unlawfully targeted employees based on their union activity. With respect to the remedy, the Seventh Circuit directed the Board to consider whether the lockout coerced the employees into accepting the contract offer, thereby voiding the agreement. In 2006, the Supreme Court declined to hear Midwest Generation's appeal. In March 2008, the Board accepted the Seventh Circuit's remand and ordered that the employees who were locked out be made whole for the period of the lockout. In addition, the Board remanded the case to an administrative law judge to consider voiding the contract. In the meantime, Midwest Generation and IBEW Local 15 had successfully negotiated a successor collective bargaining agreement that replaced the contract from the 2001 negotiations. Chief Judge Giannasi oversaw extensive settlement talks that resulted in a global settlement of all issues related to the lockout, including the potential contract voiding issue. The parties worked cooperatively to calculate the losses that employees suffered as a direct result of the lockout. In November 2008, the parties agreed upon approximately $16 million in backpay and other damages, including 401(k)and other reimbursable losses. Shutdown Fisk Station ceased operations in August 2012, due to competition from natural gas-fired power and environmental regulations that were soon to take effect. On December 17, 2012, Edison Mission Energy – parent company of Midwest Generation, and operator of numerous power plants in Illinois and other states – filed for Chapter 11 bankruptcy protection. The company said it had been challenged by depressed energy prices and