A ongoing battle to unionize teachers at a Chicago charter school has sparked new charges and drawn protests from more than two dozen state legislators.
Last week, the Chicago Alliance of Charter Teachers and Staff, or ACTS, filed two complaints against Civitas Schools with the Illinois Educational Labor Relations Board. Civitas operates three of 12 campuses of the Chicago International Charter School.
The complaints, over unfair labor practices, came after 30 members of the Illinois General Assembly signed a May 5 letter to Chicago Public Schools chief Ron Huberman, demanding that the district side with the charter-school teachers.
The teachers have formally sought union representation since early April, when they filed a petition with the state labor board that deals with public school unions. The IELRB certified their petition, signed by a majority of teachers at the three campuses, later in April.
Meanwhile, administrators at Civitas have sought jurisdiction through the National Labor Relations Board, which governs collective bargaining in the private sector. They argue that since charter schools have private boards of directors, they are not bound by state laws regarding public school unions.
Union representatives say that interpretation is incorrect, and that it is time to start negotiating.
"This union question should be over," says Gail Purkey, spokeswoman for the Illinois Federation of Teachers. "They are public schools funded by public school tax dollars."
According a Chicago Public Schools Web site, charter schools "are independently operated public schools that are not subject to the same state laws, district initiatives, and board policies as traditional public schools." Charter school teachers may unionize, but they may not join the Chicago Teachers Union, which represents about 32,000 members from the district.
The complaints by Chicago ACTS charge that Civitas administrators have denied teacher requests for union representation and used public funds to pay for "union-avoidance" services, in violation of state law.
According to union organizers, Chicago International Charter School has hired the Mickus Group, a labor-relations consultancy, and Civitas hired the law firm Goldberg Kohn, to fight organizing efforts.
The Mickus Group's Web site states that the firm "has garnered an impeccable reputation for its services in assisting management in winning union elections" and is "based on the premise that the best campaign is one that never happens."
Simon Hess, chief executive officer at Civitas, says administrators do not plan to recognize the teachers' bargaining unit until the National Labor Relations Board renders a decision on the matter.
Regarding union-avoidance, Hess says Goldberg Kohn's representation is helping the school seek jurisdiction throught the NLRB rather than avoid collective bargaining absolutely.
"We're not avoiding the union," Hess says. "We're actually petitioning the National Labor Relations Board. We'd have a union. There's no avoidance in that situation."
In response to the complaints, the IELRB can either dismiss the charges or schedule a hearing.
In the case of a hearing, Civitas would be required to file a written response within 15 days of the board's issuance of a complaint, and an agent from the IELRB would check for a settlement between the parties. If that fails, the board would hear facts, witnesses and other evidence during a hearing with each party and issue a written decision.
That decision, or a dismissal of the charges, may be appealed.
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