If they still say no deal, Judge Flynn gets his say. On November 6, he's seeking retention. Labor law Professor Martin Malin said teachers never were enjoined under the statute Emanuel invoked.
City labor law attorney L. Steven Platt said:
"You tell me what chancery judge is going to issue an injunction against the teachers union. Believe me, the unions have long memories. Every union is going to remember this judge"come election time."
Some experts believe Flynn may try settling matters in chambers without taking sides. If teachers resume working, it's a mute point. If not, city attorneys will have to prove this issue belongs in court, not the Illinois Educational Labor Relations Board.
Strike action is over unfair labor practices. Union officials complained to the labor board. It claimed it alone is authorized to stop strike action. On Tuesday, it's preliminary ruling is expected.
According to Malin, the union has a strong case. The labor board should have first say on whether court action is warranted. In 2011, the union disputed the district's right to offer individual school incentives.
At issue was early implementation of extending the school year. The district didn't dispute the labor board's jurisdiction. Why do it now when not then?
If House of Delegates members vote to keep striking and Flynn rules agains them, they have two choices. They can defy him and stay out or appeal, end picketing, and resume classes.
All teachers have final say. It doesn't matter. Up to two weeks are needed to complete thousands of votes and count them. Once strike action ends and classes resume, the train left the station. It'll be too late to stop it.