District 15 Strike: Nurses, Classroom Aides Can Join Picket Line

PALATINE, IL — Nurses and special education classroom assistants in Community Consolidated School District 15 can return to the picket line with their fellow striking educational support staff workers following a Cook County judge's decision Tuesday. Judge Neil Cohen denied the school district's motion to force 168 staffers considered essential to stay on the job work during a work stoppage by the Education Support Personnel Association, the union that represents them. The ruling also lifts a temporary restraining order that kept the nurses and classroom aides from striking, the Illinois Education Association, the ESPA's parent organization, announced late Tuesday.

“We’ve always believed our members have a legal right to go on strike, and [Tuesday's] court ruling reaffirms that right," IEA spokeswoman Bridget Shanahan said in a statement. "The 168 who were forced back to work will rejoin their fellow members on the picket line. We are stronger together.”

The 454 ESPA members, which includes secretaries, nurses, sign language interpreters and other clerical and support staff employed by District 15, have been on strike since Oct. 16 after both sides were unable agree on a new contract during an 11th-hour bargaining session. Support staffers have been without a contract since July, and negotiators have been trying to reach a new deal since February. The district's 20 schools have remained open during the strike, and the judge's reversal won't change that. (Get Patch real-time email alerts for the latest Arlington Heights news. And iPhone users: Check out Patch's new app.)

On Oct. 17, Cohen granted a temporary restraining order that kept nurses, aides and certain other District 15 paraprofessionals from participating in the strike. The judge sided with the district, which argued that those workers needed to be on the job in order to ensure that the health and safety of students was not jeopardized.

"Although the judge was sympathetic to the district and the needs of our students, he indicated that more hearings would be required to determine which individual employees should be returned to work," Supt. Scott Thompson stated in a letter to parents Tuesday.

A status hearing is scheduled for Nov. 7.

More Patch Coverage:

• District 15 Support Staffers Go On Strike
• District Schools Will Stay Open During Strike
• Nurses, Special Ed Aides Must Return To Work: Judge
• Chris Kennedy, Daniel Bis To Speak At Rally For Striking District 15 Staffers

Although nurses and special education aides will be able to participate in the strike, Thompson said district officials weren't sure how many of those employees would still cross the picket line in order to keep working.

"In the absence of some of our employees, there will be challenges running our schools [Wednesday]," he said. "In spite of these challenges, our doors will remain open to serve our children who rely on us not only for education, but in many cases for food and shelter as well."

Since the work stoppage began, Thompson and the district have told parents they can keep their children home during the strike, and the absences will not be counted as unexcused. Going forward, officials plan "to devote [their] efforts to reaching an agreement" with the union.

Both sides have met twice since union members went on strike. Last week, the first bargaining session since the work stoppage began lasted 12 hours, and union and district representatives said talks were productive, even though a deal wasn't reached.

Negotiators met again Sunday, and the federal mediator overseeing contract discussions ended the session after 14 hours. No new ground was gained, however, during the most recent meeting at the bargaining table.

"It was a waste of taxpayer dollars," Shanahan said.

Thompson said 14 areas of contract agreement have been reached by both sides, and only three outstanding items remain. Shanahan said one of the areas of contention is a 2.5 percent pay hike for members, many of whom earn an hourly wage between $11 to $13.

The union also offered to enter third-party, binding arbitration during the most recent bargaining session, a request the district has refused, Shanahan said.

"This is now the third time we’ve made that offer which would allow an outside party to come in, assess the situation and issue an agreement that both sides would have to honor," she said. "It would essentially end the strike right away."

No new contract talks have been scheduled, but both sides are working on setting up a time to return to the bargaining table. Shanahan said the district is only offering to meet Sunday, Oct. 29, and Thompson said negotiators are still finalizing the next session.

Images via Shutterstock and Community Consolidated School District 15

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