Lawsuit

Legal Fight Highlights CTU Election Politics

By Jim Vail

The fight is starting to get ugly in the Chicago Teachers Union May 20 election after the Members First caucus filed a lawsuit charging the union with violating election laws.

The lawsuit states that a deadline of March 25, 2022 was agreed upon at the February House of Delegates meeting for petitions and consent forms for each caucus candidate to be listed on the ballot. The Real Caucus submitted a petition with one consent form missing, Members First had 11 consent forms missing and Core had 154 consent forms missing. 

The chair of the CTU Rules & Election Committee called an emergency meeting to change the rules in order to give the caucuses four more days to submit their consent forms. Eight CORE committee members voted in favor of the extension against two non-Core members who voted no. The committee chair and all committee members are appointed by the CTU President Jesse Sharkey (Core). 

MF filed the lawsuit in the Circuit Court of Cook County arguing that the committee does not have the power to change the rules once they have been approved by the delegates. 

They stated that CTU counsel earlier stated that changing the rules would amount to violating federal laws that regulate union elections.

Real came to MF's defense in the lawsuit and noted that Real had multiple members ruled ineligible for placement on the CTU ballot because they took unpaid leave of absence during the Covid pandemic, but the CTU leadership refused to interpret the bylaws to recognize the pandemic despite encouraging members to protect their health.

"CTU leadership chose to stand by the letter of the law when it suited them, but changed the rules when the rules didn't serve their own interests," Real posted on fb.

In the first court hearing Core-led CTU lawyers argued to change the judge, and the following judge decided to kick the case yet to another judge who is more familiar with union election law. The case will be continued next week.

This week the CTU sent out an email to membership stating that the union is asking the judge to dismiss the lawsuit that "seeks to stall upcoming elections for Union officers and delegates."

The union said the lawsuit could double the cost of the election, which cost $280,000 in the last election.

One MF insider said the cost to reprint the ballots would be no more than $20,000.

"This lawsuit to stall CTU elections threatens to undermine our rank and file democracy, in a union election that has seen unprecedented levels of outside interference," the CTU stated.

President Sharkey has called the lawsuit "frivolous" and said that it is an attack on union democracy.

Real VP candidate Joey McDermott said the CTU email to members was electioneering.

"It represents an attempt by Core to sway members against a rival caucus and promote its own candidacy," he said in a statement. "We call on CTU officers to cease and desist from using office staff and members' dues money to enhance Core's re-election campaign. We call on CTU officers to follow the CTU Constitution. We call on CTU leadership to end their interference with the integrity of our internal democratic process."

So who is correct? Who is more democratic?

Core for standing up against outside influences and alleged frivolous lawsuits or Members First for filing a lawsuit to force the union to follow the rules voted on by the delegates?

A third judge was assigned to the case and the hearing will be continued next week. The CTU is trying to block a restraining order that MF is asking for that would stop printing the ballots until the issue is resolved.

Stay tuned in the rough and tumble teacher union election politics that are getting thicker by the day!