Cambridge Lakes teachers lose appeal

The organization that manages the Cambridge Lakes Charter School has notched its first victory - and a decisive one, at that - in its more than yearlong effort to prevent its teachers from forming a union.

An Illinois appeals court ruled this week that a state labor board does not have authority over charter schools - effectively nullifying the board's November 2008 decision in favor of teachers.

The decision vindicates the charter school attorneys' argument that the Pingree Grove school is not a regular public school, and casts serious doubt on the ability of the roughly 50 teachers to unionize in the immediate future.

Although Illinois statutes define charter schools as public schools, the decision handed down by the Fourth District Appellate Court notes that with a few specific exceptions, charter schools are exempt from most state laws governing public schools.

The Illinois Educational Labor Relations Act, the law under which teachers tried to unionize, is not among those exceptions, according to the appellate ruling.

"We agree that the Education Labor Act does not apply to charter schools and reverse the Board's decision," the court's opinion reads.

But victory for the Northern Kane Educational Corp., the group that runs the charter school, may be short-lived.

The ruling notes that the Illinois General Assembly recently amended the Charter Schools Law to explicitly include the Illinois Educational Labor Relations Act among the statutes charter schools must follow.

The change is effective, according to the decision, on Jan. 1, 2010, after which teachers at the charter school can presumably refile their petition to form a union.

Northern Kane and the Illinois Educational Association, the union trying to organize teachers at the charter school, could not be reached for comment late Friday.

Teachers have been trying to organize at Cambridge Lakes since early 2008, claiming school management has fired and intimidated teachers for union activity. Northern Kane officials have denied or declined to comment on the accusations.