Labor board denies CTU request to block mask optional policy at CPS

CHICAGO (CBS) -- The new mask optional policy at Chicago Public Schools will remain in place, at least for now, after the Illinois Educational Labor Relations Board on Wednesday denied the Chicago Teachers Union's request to block it.

The union last week filed an unfair labor practice complaint with the board, accusing CPS of a "clear violation" of the district's COVID-19 safety agreement with the union by ending its mask mandate.

CTU had asked the Illinois Educational Labor Relations Board to seek a temporary injunction in court to prevent CPS from continuing with its mask optional policy, but the board voted 3-2 on Wednesday to deny that request.

Still, the union said it will press ahead with its unfair labor practice complaint, which will go to a trial before an administrative law judge.

A January safety agreement between CPS and CTU does not specifically mention mask-wearing. But union leaders say it doesn't have to - because terms of a February 2021 safety agreement are still in effect. That agreement states, "All persons entering a CPS facility are required to wear a face mask," and and was supposed to remain in place until Aug. 26.

The union says the decision to lift the mask mandate should have been negotiated, and had asked the Illinois Educational Labor Relations Board to require CPS to bargain with CTU before implementing any changes to the mask mandate.

"The Chicago Teachers Union will continue to stand up for maximum safety in Chicago's public schools and communities," the union said in a statement. "Despite disregard for the collective bargaining process from Mayor Lightfoot and Chicago Public Schools, our rank-and-file members remain committed to serving students and families safely, and fighting for essential pandemic safety mitigations around vaccinations, contact tracing and COVID-19 testing.?

CPS did not immediately respond to a request for comment on the board's decision.

Masks have been optional at CPS since Monday, and CPS has said since they notified students and staff of the new policy last week, the COVID positivity rate within schools has gone down even further.

CPS officials said cases in schools and throughout the city have sharply declined over the past several weeks. They're also seeing more and more students and staff becoming fully vaccinated.

Several parent and community groups are urging CPS to let families request a remote learning option if they're concerned about maskless classrooms.  

Masks are still highly encouraged by school officials, just no longer required.

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