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* UPDATED x1 - STRIKE ENDS * That’s politics * LIVE COVERAGE *

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*** UPDATE *** Multiple media outlets are reporting that the CTU delegates have voted to end the strike.

[ *** End Of Update *** ]

* Cook County Judge Peter Flynn was the guy who decided yesterday that Mayor Rahm Emanuel’s injunction to stop the Chicago teachers strike could wait until a Wednesday hearing.

Flynn is up for retention this year. A Tribune story briefly looked at his potential political conflict before his Monday ruling…

Another point took the form of a question: Would a judge up for retention be willing to rule against the labor unions that historically have played a key role in city elections? Flynn is seeking retention on the Nov. 6 ballot.

“You tell me what chancery judge is going to issue an injunction against the teachers union,” [labor lawyer L. Steven Platt] said. “Believe me, the unions have long memories. Every union is going to remember this judge … come election time.”

No kidding.

Then again, now he has to worry about what Emanuel does to him.

This is Illinois, people. Everything’s political.

* Meanwhile, the Tribune looks at the more radical elements within the Chicago Teachers Union…

The union’s current leadership rose to power on a platform of pushing back against privatization of public schools and the aggressive education reform efforts introduced by former CPS chief Arne Duncan, who is now the U.S. secretary of education.

Many of CTU’s current leaders helped found the Caucus of Rank-and-File Educators, which started out as a book club to review Naomi Klein’s best-seller “The Shock Doctrine,” which argues that corporate interests have exploited crises to push through agendas that undermine democracy.

But as in many labor organizations, Lewis is faced with uniting a membership that spans the political spectrum. In CTU, that ranges from high-ranking officials who have written for socialist websites to more traditional members simply concerned with working conditions. Some of those more radical factions inside and outside her labor organization are now attacking her and others in union leadership.

Leaflets calling Lewis a “sellout” for concessions agreed to with CPS were distributed to union delegates at Sunday’s meeting. That phrase surfaced again among frustrated delegates as they left the meeting with few concrete details about the contract proposal and with serious concerns about what they were being asked to sign. […]

Members of socialist organizations, some of whom are union delegates, also took Lewis to task for failing to disclose more to delegates.

“This was done to allow the CTU (leadership) sufficient time to ‘package’ the sellout, and the membership insufficient time to consider it,” according to commentary that a socialist organization said it handed out to delegates at the meeting.

* The Socialist Equality Party’s presidential candidate (yes, there is such a person) Jerry White distributed this statement at last Saturday’s strike rally…

“The truth is that the CTU and the AFT (American Federal of Teachers) are preparing a betrayal of the strike and the imposition of a sellout contract that will have devastating consequences for teachers and the future of public education in Chicago and across the country.” […]

“As the presidential candidate of the Socialist Equality Party, I urge teachers to reject this sellout. The teachers have remained solid since the strike began and won powerful support from parents, students and workers throughout the city and across the country.”

“Now is the time to broaden the struggle and stand fast against the phony ‘reform’ agenda of Emanuel, Education Secretary Arne Duncan, Obama, and the entire political establishment.”

“The assault on teachers and public education can be defeated only on the basis of a recognition that the struggle against it is a political struggle against both parties of big business and the financial-corporate elite whose interests they serve.”

“This elite includes the speculators and parasites looking to cash in on the carve-up of public education and proliferation of privately run schools.”

“I urge teachers to broaden their strike and fight to mobilize all school workers, public employees, auto workers, young people and unemployed workers behind them and in opposition to the united front of Democrats and Republicans, the media and big business. The union leadership has no intention of waging such a fight.”

Leftists love strikes. They think strikes solve everything. Meanwhile, working people have to pay their mortgages and make their car payments. The professional Left talks a lot about workers treated as “pawns” by the elites, but they treat workers that way as well.

* Now, let’s go to the live feed. BlackBerry users click here. Everybody else can just watch..

posted by Rich Miller
Tuesday, Sep 18, 12 @ 9:23 am

Comments

The judge’s potential conflict due to re-election issues is nothing. Wait until a lower court judge is asked to rule on the constitutionality of any future government employee pension plan changes, which could impact his or her government pension. I can’t wait to see the opinion which sweeps aside the obvious and unavoidable conflict.

Comment by Cook County Commoner Tuesday, Sep 18, 12 @ 9:34 am
This is a negotiation and the end result will be some sort of compromise. The smart negotiator & leader knows how far they can go. The CTU has been pretty smart so far. The trick now is to get close enough to the goal that most of the teachers feel the strike was worth while.

The internal complaints are pretty common among union members prior to receiving the tentative agreement. A negotiating team needs to keep quiet prior to teaching a TA and then needs the chance to explain to members what was gained and what was traded for those gains. What was reasonable in the negotiating room may not appear so to the members. If it is rejected, there better be a very good reason that is easy to explain to the media and makes sense to the parents.

Should be an interesting day.

Comment by Pot calling kettle Tuesday, Sep 18, 12 @ 9:38 am
Rahm is 100% right about the illegality of this strike. The union has made it very clear that this strike is more about education policy than it is about compensation and working conditions; and they have no right – legally, or morally - to strike because they don’t like the education policy being pursued by the mayor. They’ve overplayed their hand, providing a vivid demonstration of how the interests of the union are not always in the best interests of the students, and given parents yet another reason to favor why non-union charter schools run by local administrators. The wounds that CTU suffer as a result of this strike are entirely self-inflicted.

Comment by grand old partisan Tuesday, Sep 18, 12 @ 9:44 am
Haven’t ALL judges been retained. Not one has lost even when some journalists went after some bad ones.

Comment by Hacks Tuesday, Sep 18, 12 @ 9:45 am
Rich, I don’t think that “leftists” think that strikes solve everything, but the right of union workers to strike ensures that management stops doing whatever they’re doing and pay attention to labor unrest.

I just returned froma trip out west, and the entire country is looking at the situation in Chicago as a bellwether for the future of public education and unions. The stakes are huge.

This is way bigger than what is happening in the Chicago region.

Comment by Loop Lady Tuesday, Sep 18, 12 @ 9:48 am
Rahm-inator got little out of this. The taxpayers, already overburdened, will be the losers. Madigan, Quinn, and Cullerton are watching this and wondering about their next step on pension reform. Don’t look for much in the way of reform for teacher union pensions, after this. Oh Well! The state will just keep paying higher and higher interest rates as the bond ratings decline.

Comment by Leroy Tuesday, Sep 18, 12 @ 10:02 am
Speaking of ‘professional leftists’ active in unions–Jerry White, the Socialist Unity presidential candidate made it onto exactly 3 state ballots. Colorado and Louisiana are two where the candidate simply pays a filing fee and is on–and only 1 where they actually had to go out and get signatures–Interestingly enough Wisconsin where said party’s cndidate has never appeared on the Presidential ballot.

Just one of those things that makes one wonder.

train111

Comment by train111 Tuesday, Sep 18, 12 @ 10:02 am
Hit send too soon. Last line should have been that the Socialist Unity Party has never appeared on the Wisconsin Ballot previously.

train111

Comment by train111 Tuesday, Sep 18, 12 @ 10:04 am
Thank you for re-posting the CPS talking points with which CapFax readers have been familiar with for over a week.

– MrJM

Comment by MrJM Tuesday, Sep 18, 12 @ 10:09 am
Reading Golden: How Rod… right now and kind of wish he was in the mix for all of this for added entertainment value

Comment by OneMan Tuesday, Sep 18, 12 @ 10:20 am
===even when some journalists went after some bad ones. ===

And that means what?

CTU money and organization should scare the heck out of any judge up for retention.

Comment by Rich Miller Tuesday, Sep 18, 12 @ 10:38 am
The fact that there are radical Socialists working in the classrooms explains much of what’s wrong about the Chicago Public Schools. Anti-American activists have no business “educating” this nation’s children.

Comment by Downstate Illinois Tuesday, Sep 18, 12 @ 10:41 am
===kind of wish he was in the mix for all of this===

Bite your tongue.

Comment by Rich Miller Tuesday, Sep 18, 12 @ 10:41 am
“working people have to pay their mortgages and make their car payments”

Uniquely, teachers don’t seem to lose any wages on an annualized basis because the days lost, will be made up at the end of the year.

The financial losers are the families of the kids who have to spend money to provide care for their kids, lose wages if they stay home and will ultimately pay the increased costs of compensation and/or work rule changes

Comment by Plutocrat03 Tuesday, Sep 18, 12 @ 10:48 am
I find it delightful that a book club has morphed into an action group. What a delightful indicator that ideas are powerful.

Comment by cermak_rd Tuesday, Sep 18, 12 @ 10:49 am
As a socialist I’ll have you know there’s nothing inherently anti-American about us.

Comment by Cheryl44 Tuesday, Sep 18, 12 @ 10:56 am
Downstate Illinois,

“The fact that there are radical Socialists working in the classrooms explains much of what’s wrong about the Chicago Public Schools. Anti-American activists have no business “educating” this nation’s children.”

Who said that Socialists were Anti-American? I thought the point of America was that it was a peaceful interchange of ideas (including presumedly socialism) with the majority making the decisions within the context of law (which the people make and amend).

Comment by cermak_rd Tuesday, Sep 18, 12 @ 10:58 am
=== Anti-American activists have no business “educating” this nation’s children ===

Great. Let’s ban anyone who demands the President’s birth certificate from teaching, and anyone who questions the Commander-in-Chief’s leadership while our embassies are under siege.

It doesn’t get any more anti-American than that, right?

This is exactly why we have teachers’ unions. So some nitwit doesn’t start purging schools of teachers because they don’t like their personal political beliefs - Left or Right. Or don’t like the books they teach in class. Or don’t like the fact that they question a principal’s competence.

Comment by Yellow Dog Democrat Tuesday, Sep 18, 12 @ 11:18 am
1. Either party can ask for a new judge before a ruling by rule.

2. Pensions are not an issue for judges. The legislature can’t reduce pensions or pay for judges. It has been decided as a separation of powers issue. (by judges).

3. this is huge for public sector unions and taxpayers. Most labor disputes arise when the company is flush with cash and corporate greed wants to cut the workers (who do most of the legwork) out. This is about public sector workers being able to hold the taxpayers hostage despite their poor performance. What they are saying is you need to pay us more, despite the poor financial situation and our poor performance. If this was a car maker, they would just close the plant and send the jobs to Mexico. On the other hand, if it was not policial manuevering by Rahm, he would tell them to be at work Monday or get replaced. Next year there will be 24000 new union teachers to give him money and vote for him.

Comment by the Patriot Tuesday, Sep 18, 12 @ 11:20 am
Is this that creaping socialism I’ve been hearing about? I’ve been to France a couple of times and had to go to the hospital in Canada once—and I’m beginning to feel like spreading the wealth around a little bit—good God, I might be infected!

Comment by Way Way Down Here Tuesday, Sep 18, 12 @ 11:24 am
Yep. They’re under every bed, hiding in the closet, brainwashing our innocent youth.

And Rahm’s a Saul Alinsky disciple just like his boss — no wait, I meant the teachers union bosses.

Nevermind the real issues in this dispute.

Comment by walkinfool Tuesday, Sep 18, 12 @ 11:26 am
The last Socialist Mayor in the U.S. was from Milwaukee,the State was one of the most Socialist States in th country.The great Progressive leader
was Robert M. LaFollette who was A Wisconsin Senator.He ran for President in 1924 as the Progressive Party canidate and got 17% of the vote.

Comment by mokenavince Tuesday, Sep 18, 12 @ 11:30 am
sorry for the mispelling.

Comment by mokenavince Tuesday, Sep 18, 12 @ 11:31 am
- The fact that there are radical Socialists working in the classrooms explains much of what’s wrong about the Chicago Public Schools. -

Heck, according to folks all over the place there’s a socialist running the country. Who’s Anti-American?

Comment by Small Town Liberal Tuesday, Sep 18, 12 @ 11:51 am
What is truly incredible that a line like this:
“This is Illinois, people. Everything’s political.” about a COURT OF LAW is accepted for the truth that it is without a whiff of outcry. We. are. beaten. dogs.

Comment by lake county democrat Tuesday, Sep 18, 12 @ 11:56 am
==Wait until a lower court judge is asked to rule on the constitutionality of any future government employee pension plan changes, which could impact his or her government pension. I can’t wait to see the opinion which sweeps aside the obvious and unavoidable conflict.==

The Illinois Supreme Court already answered that issue, very straightforwardly in the Jorgensen case on judges’ COLA:

“We begin by noting that none of the parties have questioned the propriety of our consideration of this case. All seven members of our court belong to both classes of judges defined by the circuit court and therefore have a pecuniary interest in the outcome of these proceedings. Such an interest would normally require us to disqualify ourselves. That option is not available to us here. Illinois law makes no provision for appointing temporary alternative jurists to sit in our place. Even if it did, there would be no one for us to choose who did not face the same conflict of interest. All sitting Illinois judges will be affected by the outcome of this appeal. Were we to recuse ourselves, the parties would therefore be left without a forum in which to review the circuit court’s judgment. Their right to appeal would be lost. Under these circumstances, the common law ‘rule of necessity’ obligates us to proceed. U.S. v. Will, 499 U.S. 200 (1980).”

Since all judges face retention, all have the same “conflict” and one of them has to handle the case.

Comment by Anonymice Tuesday, Sep 18, 12 @ 12:25 pm
===The fact that there are radical Socialists working in the classrooms explains much of what’s wrong about the Chicago Public Schools. Anti-American activists have no business “educating” this nation’s children.

And this explains the need for tenure. Thank you.

Comment by ArchPundit Tuesday, Sep 18, 12 @ 1:12 pm
—Reading Golden: How Rod… right now and kind of wish he was in the mix for all of this for added entertainment value

So I rolled down the window and this black teacher confused me with Mayor Emanuel…

Comment by ArchPundit Tuesday, Sep 18, 12 @ 1:14 pm
==The legislature can’t reduce pensions or pay for judges. It has been decided as a separation of powers issue. (by judges).==

Not quite. Article VI, Section 14, of the Constitution says, “Judges shall receive salaries provided by law which shall not be diminished to take effect during their terms of office.”

So the General Assembly does set their salaries, meaning separation of powers can’t apply, but can’t reduce them “during their terms of office.” After they’re retired, this clause doesn’t apply and judges have only the pensions clause, the contracts clause and any other provision that applies equally to other state retirees.

Comment by Anonymice Tuesday, Sep 18, 12 @ 1:29 pm
To all my conservative friends: The majority of teachers are not the ones failing. Something is wrong when the union can achieve such a high number of teachers willing to strike. Every aspect of education is controlled by bureaucrats and the legislature. Teachers don’t walk into the classroom without being trained in the state approved curriculum to achieve state approved certification. Teachers have been using state required curriculum standards since 1997. Every teacher in the classroom has been evaluated and rehired by a state certified administrator. Tenure is not lifetime nor absolute yet administrators continually violate due process in an attempt to fire teachers.

Now the state is putting in entirely new curricular standards and expecting teachers to be evaluated by tests and standards that are brand new.

The problem is not teachers.

Comment by Liberty First Tuesday, Sep 18, 12 @ 1:37 pm
You forget the judges interpret the meaning of the Constitution. They have found the legislature can’t reduce pensions for sitting judges under separation of power. It is nice to get to rule on your own pension, but there is no way around it. The legislature went back and reduced it for new judges.

Someone please ask Karen Lewis if she believes Chicago teachers really deserve raises 3x those of fellow union members down state and if it is about the good of the whole, shouldn’t they agree to take 2% and send the extra cash to some districts where the teachers took 0 or 1% this year?

Comment by the Patriot Tuesday, Sep 18, 12 @ 1:43 pm
Judge Flynn has an excellent reputation as a jurist. And he’s a conventional liberal Democrat. Not only does the Democratic Party control the election of judges in Cook County, meaning the Machine delivers the vote, but Cook County has a “Retain All Judges” committee which seeks to have all judges retained, regardless of party affiliation (and regardless of judicial record) so that good judges are not punished by the electorate for unpopular decisions. Democratic Judges in Cook normally get between 66% and 77% (my recollection) of the retention vote, well in excess of what’s needed for retention (i.e. “re-election”). I haven’t done the math, but if you deduct the number of all CTU and CTU family member voters from the standard Democratic turnout for retention of judges, methinks Judge Flynn still gets retained regardless of if and when he angers CTU. Should I be wrong, he’s a Harvard and Yale Law alum with over 12 years of sophisticated judicial experience, so I don’t think anyone will be holding any tag days for him.

Comment by Conservative Republican Tuesday, Sep 18, 12 @ 2:46 pm
It’s over for now. Back to school, kids!

Comment by Wensicia Tuesday, Sep 18, 12 @ 5:17 pm
in school at last, in school at last, thank god almighty, the kids are in school at last.

Comment by amalia Tuesday, Sep 18, 12 @ 6:30 pm
Emanuel is the big loser here. He accomplished nothing. His ill-tempered run to the courts emphasized his lack of judgment. His contempt for the teachers shone through in this. It’s one thing to drive a hard bargain. It’s another to put them down. He made no attempt to solve the problem, which was worked out by cooler heads. He can’t take credit for the strike ending. And the agreement includes much that he didn’t want. So, he loses.

Comment by DuPage Dave Tuesday, Sep 18, 12 @ 6:33 pm
Quinn, Cullerton,and Madigan: Hope you have been paying attention. Proceed with caution.

Comment by Anonymous45 Tuesday, Sep 18, 12 @ 9:21 pm
If the strike is over, why am I still getting CPS ads bashing the union during Letterman tonight? Please let this be the last one.

Comment by hisgirlfriday Tuesday, Sep 18, 12 @ 11:19 pm