Chicago Teachers Union v. Board of Education of the City of Chicago
2012 IL 112566
| Ill. | 2012Background
- Board of Education of Chicago governed layoffs and recalls; Chicago Teachers Union seeks recall rights for tenured teachers after economic layoffs.
- In 2010, Board laid off 1,289 teachers for budget reasons; provided general notices and vacancies, but no recall policy or preferences for laid-off tenured teachers.
- August 2010 recalls occurred without a formal recall policy; vacancies filled by new hires rather than laid-off teachers.
- U.S. federal court issued injunctions recognizing potential property rights in recall under §34-18(31) and related provisions; Seventh Circuit affirmed with limitations.
- Illinois Supreme Court certified questions to resolve whether §34-18(31) and §34-84 create substantive or procedural recall rights for Chicago tenured teachers; statute language is controlling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §34-18(31) or §34-84 grant substantive recall rights. | Union contends permanency in §34-84 creates recall rights. | Board argues no substantive recall rights arise from either provision. | No substantive recall rights from either provision. |
| Whether §34-18(31) or §34-84 grant procedural recall rights. | Union asserts mandatory recall procedures implied by these provisions. | Board contends there are no mandatory recall procedures created. | No procedural recall rights guaranteed by these provisions. |
| Do the two statutes together create any recall rights when read in combination? | Union suggests combination grants recall rights due to permanency and recall statutes. | Board maintains no unified right emerges from combination. | Combination does not create rights to be rehired or recall procedures. |
Key Cases Cited
- Land v. Board of Education of the City of Chicago, 202 Ill. 2d 414 (2002) (tenured rights and recall authority under prior statute; Board authority to lay off recognized)
- Powell v. Jones, 56 Ill. 2d 70 (1973) (recall procedures not compelled by enabling statutes)
- Mims v. Board of Education of the City of Chicago, 523 F.2d 711 (7th Cir. 1975) (due process and property interest principles in layoff context)