A Cook County judge ruled Tuesday that Chicago Board of Education members cannot participate in union negotiations without the approval of Chicago Public Schools CEO Pedro Martinez. Judge Joel Chupack’s order prevents board members from obstructing Martinez’s duties or directing CPS staff. This ruling stems from an incident on Monday where board members attended a union bargaining session without Martinez’s knowledge or consent. Martinez’s lawyers subsequently filed a temporary restraining order and sent a cease-and-desist letter to the board, arguing that the board’s actions interfered with Martinez’s sole authority in negotiations, as mandated by Illinois law. The board had unanimously voted to fire Martinez on Friday, though his contract allows him to remain for six more months.
Jeremy Glenn, a lawyer for the board, argued that board members’ involvement is justified because they ultimately approve the contract. However, Martinez’s lawyer, William Quinlan, countered that while the board approves the contract, the CEO is responsible for negotiations. Martinez himself emphasized the negative impact of the board’s actions on his staff, who fear retaliation for not complying with potential board directives. Judge Chupack agreed that the board members’ actions constituted obstruction, and the restraining order remains in effect until further notice. Glenn declined to comment, and a CPS spokesperson deferred comment to Martinez’s lawyers. The Chicago Teachers Union (CTU) and Mayor Brandon Johnson’s office did not immediately respond to requests for comment.
Following the ruling, Martinez clarified that he regularly updates the board and seeks their advice but that their attendance at the bargaining session was an overreach. He expressed concern about the power dynamic and the potential for conflicting mandates impacting CPS employees. Quinlan expressed optimism that the ruling would allow for a better collective bargaining agreement in the best interest of CPS students.
The CTU issued a statement Monday night, crediting the board’s participation with achieving tentative agreements on healthcare but criticizing CPS for obstructing discussions on racial disparities in teacher evaluations. The union further criticized Martinez’s actions as setting a dangerous precedent and displaying a misunderstanding of his role. CTU President Stacy Davis Gates expressed disappointment with Martinez’s recourse to court but said she looks forward to continuing negotiations.
This legal battle unfolds amidst a broader CPS saga. Five days before Christmas, the newly appointed school board, under Mayor Johnson, voted to fire Martinez, a decision that will keep him employed for six more months under his contract. Reports suggest that the board is considering appointing Sean Harden, Johnson’s choice for board president, as interim co-CEO to limit Martinez’s influence during this period. This maneuver could facilitate the finalization of a union contract, securing a short-term loan to address a budget deficit, and shifting a pension payment for non-teaching staff.