Legal Question in Employment Law in Illinois

Recourse for a Labor Strike

The teachers in our district are on strike and the Board has made some counter offers, but to no agreement. At the last negotiation, the mediator haulted negotiations because the Union was not acting in good faith.

Can the parents, ie. taxpayers, of this school district bring a class action lawsuit against both the Union and School District and force the two parties to an agreement? Please specify the law that would apply.

Thank you for your help! We are desperate to get our kids back in the classroom.


Asked on 10/05/03, 8:05 pm

2 Answers from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: Recourse for a Labor Strike

Not according to any law I am aware of

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Answered on 10/05/03, 9:07 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Recourse for a Labor Strike

Your question so interested me -- I practice in the civil rights field (as well as other areas of litigation) -- that I performed some preliminary research on the question.

While my research is by no means exhaustive, there does exist authority in Illinois that says that teacher strikes are unlawful.

Theoretically, a suit could be brought against the board & union, seeking injunctive relief. On a more practical level, some parent or groups of parents would have to fund the lawsuit. While it would conceivably be over quickly -- the question would be effectively resolved, one way or the other, upon a motion for a preliminary injunction or even a TRO (temporary restraining order), it would still take a certain level of funding to complete research, draft complaint, draft preliminary injunctive papers, file suit & serve defendants, etc.

If interested, I'd be happy to talk to you about it.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]; 312-596-1700.

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

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Answered on 10/06/03, 12:07 am


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