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The bill has yet to be signed, but already the Chicago Teachers
Union appears to be ready to use expanded powers to strike.
Lawmakers were warned that lame duck session, in the middle of a pandemic, when
Chicago Public Schools students hadn’t been in a classroom for 10 months, was
not the time to rush through legislation. But still they passed House Bill 2275,
repealing restrictions that at least partially hindered the union’s ability to
walk out by limiting the subjects that could lead them to call a strike.
Those warnings went unheeded. And while the bill has not yet been signed by Gov.
J.B. Pritzker, he signaled his support. Now CTU is moving closer to a strike
opposing the re-opening of schools for in-person instruction.
CTU’s House of Delegates is calling for teachers to refuse to report to work on
Jan. 25. Yet CPS has stated it has already agreed with CTU on major health and
safety protocols related to in-person instruction. It also said teachers will
receive vaccines in mid-February.
Here are four things you should know about a potential CTU strike.
CTU’s House of Delegates is asking members to refuse to go to work, and then
strike
CTU’s House of Delegates met on Jan. 20 and determined it will ask members to
approve a two-part resolution.
The first part calls for a collective action in which members refuse to work in
person.
Then, if CPS reacts by locking teachers out of remote learning platforms, the
second part of the resolution authorizes a strike.
Even if Pritzker signs the legislation, a CTU ‘strike’ could be illegal
Under Illinois labor law, CPS teachers and staff cannot engage in a strike when
there is a current collective bargaining agreement in place. Striking while
under contract is considered an illegal strike.
While CPS and CTU have been engaged in ongoing discussions about the best way to
safely open school buildings, a contract is already in place.
But the illegality of a strike hasn’t stopped CTU in the past. In April 2016,
the union engaged in a one-day strike that was later determined by the Illinois
Educational Labor Relations Board to be likely illegal.
While refusing to report to work in person may not be termed an official
“strike” by CTU, it certainly would look like one, especially with the union
orchestrating the refusal.
It’s a gray area that likely could require resolution by the Illinois
Educational Labor Relations Board.
Teachers should be aware that a labor board determination on the legality of the
action isn’t likely to come until after the action has already occurred, and the
district can discipline teachers who do not show up for work during illegal
strikes.
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CTU has a long history of strong-arming parents and
the district to get what it wants
Before the soon-to-be-repealed restrictions were in
place, the union went on strike nine times: in 1969, 1971, 1973,
1975, 1980, 1983, 1984, 1985 and 1987.
Then legislation was enacted in 1995 that limited the issues the
union could bargain and strike over. Still, the union went on strike
three times within seven years – the most recent in 2019 lasting 11
days .
During a strike in 2012, students missed seven days of instruction.
The strike also had longer-term effects: CPS had to close 50 schools
and lay off thousands of teachers.
In 2017 CTU earned two spots on a list of the top-10 largest labor
strikes in the past decade.
Notably, Illinois is the only state in the region that allows
teachers to go on strike.
CTU’s actions show there is good reason for that.
Currently available health data is not on CTU’s side
The Illinois Federation of Teachers, the state affiliate of CTU, has
demanded for months that school districts continue remote learning
or return to it. But science is not on its side.
“New information tells us that opening schools does not
significantly increase community transmission of [COVID-19], however
it is critical for schools to closely follow guidance provided by
public health officials,” according to Dr. Lee Beers, president of
the American Academy of Pediatrics.
For example, a UNICEF report reviewing evidence in 191 countries
found “no consistent association between school reopening status and
COVID-19 infection rates.”
There is also evidence coming out of Chicago itself, where 90-plus
Catholic schools – which educate approximately 20,000 students –
have not seen any significant outbreaks since starting school
in-person last fall.
Chicago already meets the metric health officials put in place for
school reopening. And again, CPS has stated it has already agreed
with CTU on major health and safety protocols.
CTU has neither international nor local health data to support
encouraging teachers to stay out of the classrooms.
That could weigh against the union if the Illinois Educational Labor
Relations Board must decide whether a strike, or similar action,
over re-opening schools is illegal.
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