* Click here for the lawsuit and exhibits. Press release…
Illinois State University has been sued for violating state law by hiring replacement workers—commonly known as strikebreakers, or scabs—to break a two-week strike by more than 300 ISU building services, grounds, and dining services employees.
The suit was filed Tuesday evening in McLean County Circuit Court by the American Federation of State, County and Municipal Employees (AFSCME) Council 31, the union representing striking workers.
Plaintiffs include ISU students, the Normal Township supervisor, and the local union president who is an ISU building service worker.
From the lawsuit:
To gain leverage to “win” the strike, the University has contracted with companies that have hired temporary employees to cross picket lines and perform the work of the strikers. This action is illegal. It violates the 2004 amendments to the Employment of Strikebreakers Act, which prohibit employers from replacing strikers by entering into contracts with companies in the business of providing day and temporary labor. This lawsuit seeks to enjoin University officials from their illegal actions.
The state Employment of Strikebreakers Act provides that “No person shall knowingly … contract with a day and temporary labor service agency to provide a replacement for the employee, during any period when a lockout or strike is in progress.”
AFSCME has identified at least four private, for-profit companies with which ISU has contracted for strikebreakers—some at higher rates of pay than employees receive.
Plaintiffs want the court to issue a permanent injunction barring the University from violating the Strikebreakers Act.
“ISU refuses to negotiate. Instead, they’re breaking the law,” AFSCME Council 31 executive director Roberta Lynch said. “The university should return to the bargaining table and seek an end to this needless conflict.”
* From the lawsuit…
Plaintiff American Federation of State, County and Municipal Employees is on strike against Illinois State University (“ISU” or “the University”). For, a union and its members, a strike is always a “last resort,” because its members lose income when they are not working. For the University, however, the “cost” of a strike is not lost production (and lost income), it is the loss of services needed for regular operations.
* 820 ILCS 30/2…
No person shall knowingly employ any professional strikebreaker in the place of an employee, whose work has ceased as a direct consequence of a lockout or strike, or knowingly contract with a day and temporary labor service agency to provide a replacement for the employee, during any period when a lockout or strike is in progress. Nor shall any professional strikebreaker take or offer to take the place in employment of employees involved in a lockout or strike.
Nothing in this amendatory Act of the 93rd General Assembly shall be construed to prohibit the continued employment of a day or temporary laborer by an employer if the day or temporary laborer had already been assigned to work for the employer at the time the strike or lockout began.
- Juvenal - Wednesday, Apr 22, 26 @ 12:19 pm:
You gotta keep your eye on the ball when you are governor, every day, in every agency and institution, in every corner of the state.
- Mason County - Wednesday, Apr 22, 26 @ 12:37 pm:
Assuming this is being done. Not Pritzker’s fault. But he must step in immediately to stop this type of hiring. And I mean’immediately’.
- Frida's Boss - Wednesday, Apr 22, 26 @ 1:03 pm:
I seem to recall hospitals bring in temp nurses when nurses are on strike? Many of them are hired by temp agencies to fill those roles. Or am I off on the recollection?
- Think Again - Wednesday, Apr 22, 26 @ 1:11 pm:
= strike by more than 300 ISU building services, grounds, and dining services employees=
I get that they can’t replace workers, but the kids gotta eat.
- Minnesotan - Wednesday, Apr 22, 26 @ 1:23 pm:
= the kids gotta eat. =
The kids are suffering from food poisoning at alarming rates since the scabs came in.
- Leatherneck - Wednesday, Apr 22, 26 @ 1:26 pm:
=I get that they can’t replace workers, but the kids gotta eat=
The kids could buy their own groceries, or go get fast food or pizza daily.
- Ryan - Wednesday, Apr 22, 26 @ 1:26 pm:
Does anyone think ISU didn’t check into the legality of these temporary workers before hiring them?
- Think Again - Wednesday, Apr 22, 26 @ 1:37 pm:
=The kids could buy their own groceries, or go get fast food or pizza daily=
Tell that to parents who have paid for university room and board.
- Cubs2016 - Wednesday, Apr 22, 26 @ 1:42 pm:
I really wanted to let this go however
“The kids are suffering from food poisoning at alarming rates since the scabs came in.”
How many kids ? When did this happen? Is there any links to any stories about this ?
- Grimlock - Wednesday, Apr 22, 26 @ 1:45 pm:
Leatherneck - fast food and pizza was a luxury when I was in college. They already paid for a dining plan, telling them to not eat the food they paid for (on loans in many cases) and instead go spend money they don’t have on other food isn’t the answer. Not saying scabs are either, but yes, the kids do have to eat.
- City Zen - Wednesday, Apr 22, 26 @ 1:51 pm:
==The kids could buy their own groceries, or go get fast food or pizza daily.==
Pay twice for meals?
- Candy Dogood - Wednesday, Apr 22, 26 @ 2:04 pm:
As I have said many times before, that’s not very Presidential but how the Governor responds to a University illegally hiring scabs (if they are in fact doing so) could wind up being something that’s very Presidential.
Dr. Tarhule, like many university presidents and higher level administrators is an outsider to the university and the community. Hired like so many are through a national search and paid hefty sums to provide leadership, it really shouldn’t be a surprise that a team of administrators lead by an outsider breaks State law in a manner that does not reflect the values of our state or of the community.
I hope folks that know the names of everyone involved submit the complaints necessary for the OEIG to take action.
- Demoralized - Wednesday, Apr 22, 26 @ 2:07 pm:
==Pay twice for meals?==
Exactly. Their meals have already been paid for. It’s part of their room and board fees.
- Sangamo Girl - Wednesday, Apr 22, 26 @ 2:13 pm:
==but the kids gotta eat==
Of course they do. That’s what managers and other nonunion employees are for during a strike. Sit down and bargain, or call the local pizza joints.
- hisgirlfriday - Wednesday, Apr 22, 26 @ 2:31 pm:
@Cubs2016 - I haven’t seen any news articles confirming food poisoning but have seen dozens of posts about it on Facebook and Reddit in ISU student, parents, and alumni groups. Most of the posts connect it to bad shrimp being served recently in ISU’s Watterson cafeteria.
- Candy Dogood - Wednesday, Apr 22, 26 @ 2:32 pm:
===That’s what managers===
Tarhule knows how to make Mac & Cheese even if he grew up calling it Kraft Dinner.
The problem is that these folks probably believe they are above performing that kind of work.
- Pot calling kettle - Wednesday, Apr 22, 26 @ 2:52 pm:
==Does anyone think ISU didn’t check into the legality of these temporary workers before hiring them?==
lol - I doubt that they checked; I doubt that they care. Union-busting tactics employed by admin is nothing new, even in Illinois. They get paid big bucks and do not like their “leadership” questioned by anyone, especially Unions.
- Cubs2016 - Wednesday, Apr 22, 26 @ 2:55 pm:
@hisgirlfriday Thanks for the trail to check out. Checked google and ChatGPT. Nothing could be verified and nothing from public health agencies or credible media suggests a current campus-wide issue.
- Retired School Board Member - Wednesday, Apr 22, 26 @ 3:24 pm:
I would be shocked if they did! Far too many adminisgtrators roll the dice and act without consulting CBAs or state statute. A quick google search on the President reveals that he is not originally from the US, and does not have a background in law or public administration, so it is very conceivable that they made this move without checking with counsel.
- Demoralized - Wednesday, Apr 22, 26 @ 3:58 pm:
====Does anyone think ISU didn’t check into the legality of these temporary workers before hiring them?==
Sometimes you decide to do things with the mantra of “let them sue.”
- Juvenal - Wednesday, Apr 22, 26 @ 4:26 pm:
=== I get that they can’t replace workers, but the kids gotta eat. ===
Which is why the prohibition against hiring replacement workers is enshrined in state law.
So that management understands the importance of negotiating a contract if at all possible before a strike occurs, and can also develop a contingency plan in advance to meet students’ needs.
Keep in mind to that while students do need to eat, many students also come from union families and have strong feelings about crossing picket lines. Their only option should not be Scab food service.
- snakepliskin69 - Wednesday, Apr 22, 26 @ 5:39 pm:
ISU has a systemic problem in their student services and overall administration. They opened an engineering school even when they don’t have enough housing for existing students, not to mention there are two engineering schools less than an hour away in each direction. Last year, we had one that was in a “temp” housing for five weeks in a room in front of the elevators and no windows. They then moved them to the top floor out at tri with no running water on the floor. Was not pleasant during stomach bug season. They still require two years in university housing, even though they have hundreds of kids living in conditions that we would not house prisoners in.Again, admin especially students affairs has consistently had problems. No surprises.