The Honorable Charles N. Clevert, Jr., Chief Judge of the
United States District Court for the Eastern District of Wis-consin, sitting by designation.
In the
United States Court of Appeals
For the Seventh Circuit
No. 10-3396C
HICAGO
T
EACHERS
U
NION
,
L
OCAL
N
O
.
1,A
MERICAN
F
EDERATION OF
T
EACHERS
,
Plaintiff-Appellee,v.
B
OARD OF
E
DUCATION OF THE
C
ITY OF
C
HICAGO
,
et al.,
Defendants-Appellants
.
Appeal from the United States District Courtfor the Northern District of Illinois, Eastern Division.No. 1:10-cv-04852
—
David H. Coar
,
Judge
.
A
RGUED
J
ANUARY
7,
2011
—
D
ECIDED
M
ARCH
29,
2011
Before
M
ANION
and
W
ILLIAMS
,
Circuit Judges
, andC
LEVERT
,
District Judge.
W
ILLIAMS
,
Circuit Judge
. Facing significant budgetdeficits, the Chicago Board of Education was forced to
Case: 10-3396 Document: 21 Filed: 03/29/2011 Pages: 35
2 No. 10-3396lay off nearly 1,300 teachers in several stages duringJune, July, and August of 2010. Although some of thoseteachers have been re-hired, many have not, even as newvacancies have arisen within the Chicago Public Schoolsystem. The teachers contend that they have a dueprocess right under the Fourteenth Amendment to anopportunity to show that they are qualified to fill newvacancies as they arise for a reasonable period of time.We agree. The district court entered an injunction re-quiring the Board to collaborate with the Union to prom-ulgate regulations to establish recall procedures pursu-ant to Section 34-18(31) of the Illinois School Code. Whilewe agree that the Board should promulgate the regula-tions, there is nothing in Section 34-18(31) that re-quires cooperation with the Union. We therefore directthe court to modify the injunction to make it conformto this opinion.
I. BACKGROUND
Appellant Board of Education of the City of Chicago(the “Board”) is organized under Article 34 of the IllinoisSchool Code and is charged with the governance of theChicago Public School system. The Board employs over40,000 persons, over half of whom are teachers. AppelleeChicago Teachers’ Union (the “Union”) is the teachers’exclusive bargaining representative.Facing significant budget deficits on the eve of the 2010-2011 school year, the Board was forced to lay offnearly 1,300 teachers. The Board implemented its lay-offs through a series of resolutions issued over the sum-
Case: 10-3396 Document: 21 Filed: 03/29/2011 Pages: 35
No. 10-3396 3mer. On June 15, 2010, the Board passed a resolutionauthorizing the “honorable termination” of tenuredteachers.The Board passed a second resolution on June 23, 2010,authorizing schools to first lay off teachers who wereunder remediation and whose last performance ratingswere negative. Although the Board suggested to themedia that the layoff largely involved teachers withunsatisfactory evaluations, most of the teachers laid offhad “excellent,” “superior,” or “satisfactory” ratings.All laid-off teachers received notice of their termina-tion. Along with their notices, the Board gave theteachers information on how to search and apply forvacant teaching positions within the Chicago PublicSchool system. The notices also pointed the teachers to awebsite listing vacancies and included invitations toattend a résumé and interviewing workshop and twojob fairs that were open solely to displaced teachers.However, not all vacancies were listed on the website, andlaid-off teachers were not given preference for otherteaching jobs.Throughout the summer, the Board laid off 1,289teachers in several phases that ended on August 31,2010. However, the record indicates that at least somepersons were hired to fill teaching positions that becameavailable during the summer. The teachers hired to fillthose positions were not tenured teachers.Due to an increase in federal funding in August 2010,the Board recalled approximately 715 tenured teacherswho had been laid off or given notices. The teachers werenot recalled pursuant to an official recall policy. As the
Case: 10-3396 Document: 21 Filed: 03/29/2011 Pages: 35
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