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.
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