Case: 1:10-cv-04852 Document #: 63 Filed: 10/13/10 Page 1 of 4 PageID #:741

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

CHICAGO TEACHERS UNION, LOCAL NO. 1, )

AMERICAN FEDERATION OF TEACHERS, )
Plaintiff, ) Case No.: 1:10-cv-04852
v. )
) Honorable Judge David H. Coar
BOARD OF EDUCATION OF THE CITY OF )
CHICAGO, et al. ) Magistrate Judge Nan R. Nolan
Defendants. )

DEFENDANTS’ MOTION TO STAY

ENFORCEMENT OF INJUNCTION PENDING APPEAL

Defendants the Board of Education of the City of Chicago, Board Members Mary

Richardson-Lowry, Norman Bobins, Tariq Butt, Roxanne Ward, Peggy Davis, Alberto Carrero,

Jr., and its Chief Executive Officer Ron Huberman, by their attorneys, hereby move this Court to

stay enforcement of the Court’s October 4, 2010 order of injunction pending appeal. In support

of their motion, Defendants state as follows:

1. On August 2, 2010, Plaintiff Chicago Teachers Union, Local No. 1, American

Federation of Teachers (CTU) filed a five–count Complaint against Defendants challenging

layoffs implemented by the Board to close a massive budget deficit for Fiscal Year 2011. CTU

moved for a preliminary injunction on Counts I and II, which alleged violations of the Due

Process Clause under the Fourteenth Amendment. (Doc. No. 9.). On August 18, 2010, the Court

joined the hearing on preliminary relief with the hearing for final relief.

2. On October 4, 2010, the Court entered preliminary and permanent injunctions:

1) directing the Board to rescind the discharges of tenured teachers under the Board’s June 15,

2010 resolution; 2) directing the Board to promulgate, in consultation with the Teachers Union

and after good-faith negotiations, a set of recall rules that complies with 105 ILCS 5/34-18(31)

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within the next 30 days; and 3) preliminarily and permanently enjoining the Board from

conducting future layoffs or “honorable discharges” in a similarly unlawful manner, until such

time as the recall rules have been promulgated. (Doc. No. 59.)

3. Defendants have filed a Notice of Appeal to appeal the Court’s October 4, 2010

Order and respectfully request this Court to stay the injunctive relief awarded to CTU pending

resolution of Defendants’ appeal. (Doc. No. 61.)

4. As set forth in Defendants’ memorandum in support of this motion, Defendants

have satisfied the criteria for a stay.

5. First, Defendants have made a strong showing that they are likely to succeed on

appeal. In its Memorandum Opinion, the Court held that Illinois School Code Section 5/34-

18(31) creates a property interest and right to some sort of retention procedure for tenured

teachers in an economic reduction in force. The legislative history of Section 5/34-18(31)

indicates that the Illinois General Assembly did not intend to provide such rights. Because a

conflict exists among the district courts as to the interpretation of Section 34-18(31), and because

the Illinois Appellate and Supreme Courts support the Board’s position, on appeal, the Board is

likely to succeed on the merits.

6. Second, the equities weigh in favor of granting Defendants a stay from complying

with the injunction pending resolution of the appeal. Defendants will be irreparably injured

absent a stay if they are compelled to create a property right that would not exist by operation of

state law if the Court’s Order were reversed, and because the Court’s Order to bargain with CTU

is not consistent with the requirements of the Illinois Educational Labor Relations Act.

Additionally, CTU is attempting to use this Court’s decision to obtain an order for reinstatement

and backpay from the Illinois Educational Labor Relations Board. If this Court’s ruling were

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reversed on appeal, there would be no way to undo the harm if the IELRB has relied on the

decision to order CTU’s requested relief. By contrast, as the majority of the tenured teachers

who were laid off have had their layoffs rescinded or been hired into vacant positions, any harm

to CTU’s members if a stay is granted is not significant. Finally, a stay of the injunction would

serve the public interest by retaining the dramatic legislative reforms enacted by the Illinois

General Assembly while the legal status of those reforms are reviewed on appeal.

WHEREFORE, for the reasons set forth above and in its supporting memorandum of law,

Defendants respectfully request that this Court grant its Motion to Stay Enforcement of the

Injunction Pending Appeal.

Respectfully submitted,

BOARD OF EDUCATION OF THE CITY OF

CHICAGO, et al.

By: /s/ Sally J. Scott

James C. Franczek, Jr. - 00860662 Patrick J. Rocks

jcf@franczek.com Susan M. O’Keefe
Sally J. Scott - 06204350 Board of Education of the City of Chicago
sjs@franczek.com 125 South Clark Street, Suite 700
Jennifer A. Dunn - 06270354 Chicago, IL 60603
jad@franczek.com (773) 553-1700
FRANCZEK RADELET P.C.
300 South Wacker Drive, Suite 3400
Chicago, IL 60606
(312) 986-0300

Dated: October 13, 2010

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CERTIFICATE OF SERVICE

I hereby certify that on October 13, 2010, I electronically filed the foregoing
DEFENDANTS’ MOTION TO STAY ENFORCEMENT OF INJUNCTION PENDING
APPEAL with the Clerk of the Court using the CM/ECF system which will send notification of
such filing to the following attorneys:

Michael P. Persoon
Thomas H. Geoghegan
Jorge Sanchez
Depres, Schwartz & Geoghegan, Ltd.
77 W. Washington St., Suite 711
Chicago, IL 60602

Robin B. Potter
Jennifer N. Purcell
Robin Potter & Associates P.C.
111 East Wacker Dr., Suite 2600
Chicago, IL 60601

Robert E. Bloch
Omar Josef Shehabi
Down, Bloch & Bennett
8 S. Michigan Ave., Suite 1900
Chicago, IL 60603

/s/ Sally J. Scott

Sally J. Scott

James C. Franczek, Jr.- 00860662

jcf@franczek.com
Sally J. Scott - 06204350
sjs@franczek.com
Jennifer A. Dunn - 06204350
jad@franczek.com
FRANCZEK RADELET P.C.
300 South Wacker Drive, Suite 3400
Chicago, IL 60606
(312) 986-0300

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