Currently, 1/3 of the charter public schools in Chicago and 1/4 in the state of Illinois are unionized. The highest performing charter schools in the state, however, remain nonunionized. Many teachers and staff in charter schools have questions about what it means to be a unionized charter school teacher. Please see the questions and answers below.
To find the collective bargaining agreements of the unionized charter schools, check here.
Below are some frequently asked questions about teacher unions and charter schools.
How does a charter school become unionized?
If at least 30% of teachers and staff in a bargaining unit sign a petition, a union can submit the petition for representation to the National Labor Relations Board, which will then conduct a secret ballot election, typically 4 – 6 weeks later at the school. If over 50% of those who voted, voted to be exclusively represented by the union, then the union would become the exclusive bargaining representative of every staff member in the bargaining unit (even those who did not vote in favor of the union).
New legislation signed in 2023 makes it possible to unionize an Illinois charter school without a secret ballot election. The new law states that charter schools can unionize if more than 50% of teachers sign a petition or fill union authorization cards that say they want to be represented by the union. This legislation is currently being challenged in federal court.
What is a union authorization card?
A union authorization card can come in many forms; it could be an online petition, a 3×5 card, a piece of paper with signatures, a URL asking for a virtual signature, an invitation to get a new credit card, or a request for more information. All union authorization cards must include the statement that the individual authorizes the union to represent them, even if that language is not prominent. Once signed by an employee, a union authorization card legally authorizes the union to become the exclusive representative over all terms and conditions of employment for the individual signing; the signer is giving the union the authority to speak for them. In lieu of a secret ballot, some workplaces can be unionized through “card check.” This means that by securing the majority of employees to sign a union card, a workplace can be unionized.
What is collective bargaining?
Collective bargaining is the process of negotiating the employment terms between an employer and a group of workers. The process takes place between management and a labor union. Both public sector workplaces and private sector workplaces can be unionized in Illinois.
When negotiating a collective bargaining agreement, teachers and school administrators can bargain over the following items:
Topics like curricula, teacher placement, leadership selection, social issues and other similar topics are not subject to collective bargaining.
What has the impact of unionizing been on charter schools that have unionized in Chicago?
Many of the charter schools that have unionized in Chicago have experienced high turnover after unionizing, including at the leadership level and of staff who initially led the organizing effort. Unionized charter schools, on average, have had shorter renewal terms and diminished student achievement (see the Credo Report 2023 for the results from unionized and non-unionized charter networks).
A number of unionized charter schools in Chicago have had to lay off staff after the negotiation of new contracts with the CTU. Charter schools are funded at lower levels than traditional district schools and often have to make sacrifices to meet contract requirements.
Historically in Chicago, charter union contracts have taken over a year, sometimes two years, to negotiate and agree upon. During this period, after the union is certified, all terms and conditions remain in place until a contract is signed.
The first the charter teacher strikes in the nation happened in Chicago in 2018. Students were out of school 11 days in one strike, and the school year was extended in those days as a result.
What will the requirements to teach in a charter school be after unionization?
Teacher requirements under unionization do not automatically change. Charter schools by law are able to hire 25% of teachers who are not traditionally licensed; for example, charters can hire an actual artist to be an art teacher. The union can negotiate a 100% teacher licensure requirement into the new contract if agreed upon; all charter contracts in Chicago require 100% teacher licensure. In addition, the union can also bargain for residency requirements for teachers.
Can teachers and staff stop being unionized?
There is a process for unionized teachers and staff to remove the union, or to “decertify” the union. The NLRB outlines that process here – At least 30% of staff in the bargaining unit must provide their signature on a petition asking the NLRB to conduct another election. If a majority of the votes are against continued union representation, the union will be decertified. Charter school leadership cannot play any role in initiating a decertification petition; it must be led by staff. The only times teachers and staff can submit a decertification petition are: