CHICAGO — An angry Mayor Rahm Emanuel's appeal to the courts to end a six-day teachers strike in the nation's third largest city set off a new round of recriminations Monday, but did little to end a walkout that has left parents scrambling and kept 350,000 students out of class.

It might not matter. By the time a Cook County Circuit Court judge considers the issue, the city's teachers might well have voted to end the strike and recommend they agree to a tentative contract that labor and education experts – and even some union leaders elsewhere – called a good deal for the union.

"This was an enormously successful strike (thus far)," said Emily Rosenberg, director of the Labor Education Center at DePaul University in Chicago. "I've never seen solidarity like this among teachers."

The dust-up in court may never move past the 700-page brief filed by city attorneys that contends the strike is an illegal act that presents a danger to the health and safety of the district's students. Judge Peter Flynn set a hearing for Wednesday, a day after the union is set to meet for a second time to discuss an offer than includes pay raises and concessions from the city on the contentious issues of teacher evaluations and job security.

The filing was indicative of how the union has perceived Emanuel's handling of the negotiations, and that may be the biggest remaining point of contention between the Chicago Public Schools and the Chicago Teachers Union. The union immediately condemned Emanuel's play in court, in which the city said "a vulnerable population has been cast adrift," as an act of vindictiveness by a "bullying" mayor who was attempting to "thwart our democratic process."

"It's another bullying tactic that, unfortunately, if he wants teachers back in the schools, he should have stayed away from that type of action," said Jay Rehak, a longtime high school English teacher. "It only incites, rather than tones down the rhetoric."

Both sides have only released summaries of the proposed agreement. Outside observers said the tentative contract appears to be a win on the merits for the union and its roughly 25,000 teachers. While teachers in San Francisco haven't gotten an across-the-board raise in years, for example, Chicago teachers are in line for a raises in each of the proposed deal's three years with provisions for a fourth. In Cleveland, teachers recently agreed to the same kind of evaluation system based in part on student performance that Chicago has offered.

"The district went past the halfway mark," said Kate Walsh, president of the National Council on Teacher Quality. "They got a pretty good deal."

Some union members in Chicago have praised the school district's move on what percentage of test scores will be factored into teacher evaluations, down from the 45 percent proposed to the 30 percent set as the minimum by state law. It also includes an appeals process to contest evaluations. The new evaluations will also be phased in over the length of the contract.

That issue has been at the center of the contract talks and was noted in the lawsuit filed Monday, as city attorneys argued the strike is illegal because state law bars the union from striking on anything but economic issues – including evaluations. It's an issue that takes time to resolve, said David Quolke, president of the teachers union in Cleveland, where implementing a similar evaluation system is taking place over four years.

"They have a mayor, frankly, who chose confrontation over collaboration," Quolke said. "Many politicians look at getting things done quickly rather than getting things done correctly."

The tentative contract in Chicago calls for a 3 percent raise in its first year and 2 percent for two years after that, along with increases for experienced teachers. While many teachers are upset it did not restore a 4 percent pay raise Emanuel rescinded earlier this year, the contract if adopted will continue to make Chicago teachers among the highest-paid in the country. In Chicago, the starting salary is roughly $49,000 and average salary is around $76,000 a year.

While noting they stood in solidarity with their colleagues in Chicago, leaders of other teachers unions said that aspect of the deal looked good from afar. Ellen Bernstein, president of the Albuquerque Teachers Federation in New Mexico, said teachers in New Mexico can't negotiate salaries; in Albuquerque, the average teacher salary is roughly $43,000.

"It seems that they made gains, which was their goal," she said. "They did a good job coming to consensus on important issues."

The city also won some things from the union in the proposed settlement. Emanuel gets the longer school day in Chicago he wanted and principals will have say over who gets hired at individual schools, something the union fought. The district will be required to give some preference to teachers who are displaced and the school district will have to maintain a hiring list and make sure that at least half of hires are displaced teachers.

"This is the deal we got," union president Karen Lewis said Sunday.

The union and school leaders appeared headed for a resolution at the end of last week, saying they were optimistic that students would be back in class by Monday. But teachers meeting Sunday afternoon said they felt rushed after getting only a few hours to review a summary of the agreement worked out between the city and union leaders, and Lewis admitted for many teachers, the decision to wait until Tuesday to decide came down to a lack of trust in city hall and the school board.

Having had some more time to think it over, some teachers were optimistic the deal on the table was good enough to end the strike when the union meets again Tuesday afternoon.

"We made a lot of progress," said Susanne McCannon, who teaches art at Whitney M. Young Magnet High School. "I'd like to be back in the classroom, but I want to be back in the classroom with the best situation possible."

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Follow Sophia Tareen at http://twitter.com/sophiatareen

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Associated Press writers Steve LeBlanc in Boston, Terry Chea in San Francisco and Amanda Myers in Cincinnati contributed to this report.

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@ bylaurenfitz : Jean-Claude Brizard is "overjoyed kids are heading back to school tomorrow morning."

This will likely be the final update to this live blog Tuesday.

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@ MaryAnnAhernNBC : MRE says the school fight - its personal - loss of vitality from some he meets - "the classroom is where they learn" #CTUstrikeover

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@ CatalystChicago : Delegate Jay Rau says abt 90% of teachers voted to end strike. #ctustrike

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@ ChicagosMayor : "For the first time, teachers will have a meaningful evaluation based on a system based and designed by their fellow teachers." - MRE

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@ MaryAnnAhernNBC : MRE no questions tonight, will tomorrow #CTUstrikeover #RahmChicago

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    Leslie Sabbs-Kizer, right, walks her children Nkai Melton, 8, Akaira Melton, 7, and Khaymya Smith, 3 to Bond Elementary school in Chicago, for the first day of classes Wednesday morning, Sept. 19, 2012, after Chicago teachers voted to suspend their first strike in 25 years. Union delegates voted overwhelmingly Tuesday night to suspend the walkout after discussing a proposed contract settlement with the nation's third largest school district. (AP Photo/M. Spencer Green)

  • Students gather outside Benjamin E. Mays Academy , Wednesday morning, Sept. 19, 2012 in Chicago, after Chicago teachers voted to suspend their first strike in 25 years. Union delegates voted overwhelmingly Tuesday night to suspend the walkout after discussing a proposed contract settlement with the nation's third largest school district. (AP Photo/M. Spencer Green)

  • Two students hug, right, as they gather outside Benjamin E. Mays Academy Wednesday morning, Sept. 19, 2012, after Chicago teachers voted to suspend their first strike in 25 years. Union delegates voted overwhelmingly Tuesday night to suspend the walkout after discussing a proposed contract settlement with the nation's third largest school district. (AP Photo/M. Spencer Green)

  • Students walk through the gates outside Benjamin E. Mays Academy, Wednesday morning, Sept. 19, 2012, after Chicago teachers voted to suspend their first strike in 25 years. Union delegates voted overwhelmingly Tuesday night to suspend the walkout after discussing a proposed contract settlement with the nation's third largest school district. (AP Photo/M. Spencer Green)

  • Students gather outside Benjamin E. Mays Academy Wednesday morning, Sept. 19, 2012, after Chicago teachers voted to suspend their first strike in 25 years. Union delegates voted overwhelmingly Tuesday night to suspend the walkout after discussing a proposed contract settlement with the nation's third largest school district. (AP Photo/M. Spencer Green)

  • Rahm Emanuel, Jean-Claud Brizard, David Vitale

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  • Karen Lewis

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  • Tennille Evans

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  • Mary Edmonds

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  • Teachers picket outside Morgan Park High School in Chicago, Tuesday, Sept. 18, 2012, as a strike by the Chicago Teachers Union continues into its second week. CTU members in the nation's third-largest city will pore over the details of a contract settlement Tuesday as the clock ticks down to an afternoon meeting in which they are expected to vote on ending a seven-day strike that has kept 350,000 students out of class. (AP Photo/M. Spencer Green)

  • Patty Westcott

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  • FILE - In this Sept. 14, 2012, file photo Madison teachers hold a unity rally for striking Chicago teachers at the Wisconsin state Capitol in Madison, Wis. Wisconsin's attorney general planned to ask a judge Tuesday, Sept. 18, 2012, to put on hold his decision issued last week repealing major parts of Gov. Scott Walker's law effectively ending collective bargaining for most state workers. The request comes as school districts and local governments attempt to understand the ramifications of the decision and whether it opens the door to new negotiations previously barred with unions. (AP Photo/Wisconsin State Journal, M.P. King, File)

  • Chicago Teacher's Strike Enters Second Week

    CHICAGO, IL - SEPTEMBER 17: Tyler Whitaker watches from a distance as teachers from the Jose De Diego Community Academy, where he is a third grade student, walk the picket line on September 17, 2012 in Chicago, Illinois. More than 26,000 teachers and support staff walked off of their jobs on September 10 after the Chicago Teachers Union failed to reach an agreement with the city on compensation, benefits and job security. With about 350,000 students, the Chicago school district is the third largest in the United States. (Photo by Scott Olson/Getty Images)

  • Smaller, more subdued groups of teachers picket outside Morgan Park High School in Chicago, Monday, Sept. 17, 2012, as a strike by Chicago Teachers Union members heads into its second week. Mayor Rahm Emanuel said he will seek a court order to force the city's teachers back into the classroom. (AP Photo/M. Spencer Green)

  • Chicago Teacher's Strike Enters Second Week

    CHICAGO, IL - SEPTEMBER 17: Striking Chicago public school teachers attend a press conference by The Chicago Teachers Solidarity Campaign outside the office of Mayor Rahm Emanuel in City Hall on September 17, 2012 in Chicago, Illinois. More than 26,000 teachers and support staff walked off the job on September 10 after the Chicago Teachers Union failed to reach an agreement with the city on compensation, benefits and job security. With about 350,000 students, the Chicago school district is the third largest in the United States. (Photo by Scott Olson/Getty Images)

  • Chicago Teacher's Strike Enters Second Week

    CHICAGO, IL - SEPTEMBER 17: Striking Chicago public school teachers attend a press conference by The Chicago Teachers Solidarity Campaign outside the office of Mayor Rahm Emanuel in City Hall on September 17, 2012 in Chicago, Illinois. More than 26,000 teachers and support staff walked off the job on September 10 after the Chicago Teachers Union failed to reach an agreement with the city on compensation, benefits and job security. With about 350,000 students, the Chicago school district is the third largest in the United States. (Photo by Scott Olson/Getty Images)

  • A handful of teachers picket outside Shoop Elementary School in Chicago, Monday, Sept. 17, 2012, as a strike by Chicago Teachers Union members heads into its second week. Mayor Rahm Emanuel said he will seek a court order to force the city's teachers back into the classroom. (AP Photo/M. Spencer Green)

  • Chicago Teacher's Strike Enters Second Week

    CHICAGO, IL - SEPTEMBER 17: Striking Chicago public school teachers picket outside of George Westinghouse College Prep high school on September 17, 2012 in Chicago, Illinois. More than 26,000 teachers and support staff walked off of their jobs on September 10 after the Chicago Teachers Union failed to reach an agreement with the city on compensation, benefits and job security. With about 350,000 students, the Chicago school district is the third largest in the United States. (Photo by Scott Olson/Getty Images)

  • Karen Lewis, Jesse Sharkey

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  • A young boy holds a placard in support of striking Chicago school teachers as they march after a rally Saturday, Sept. 15, 2012 in west Chicago. (AP Photo/Sitthixay Ditthavong)

  • Striking Chicago school teachers march after a rally Saturday, Sept. 15, 2012 in Chicago. Thousands of striking Chicago public school teachers and their allies packed a city park Saturday in a boisterous show of force as union leaders and the district tried to work out the details of an agreement that could end a week-long walkout.(AP Photo/Sitthixay Ditthavong)

  • A young girl plays a toy horn as striking Chicago teachers rally Saturday, Sept. 15, 2012, in Chicago. Union president Karen Lewis reminded that although there is a "framework" for an end to their strike, they still are on strike. (AP Photo/Sitthixay Ditthavong)

  • Karen Lewis

    Karen Lewis, president of the Chicago Teachers Union addresses the crowd during a rally Saturday, Sept. 15, 2012, in Chicago. Lewis reminded that although there is a "framework" for an end to their strike, they are still on strike. (AP Photo/Charles Rex Arbogast)

  • Karen Lewis

    Karen Lewis, president of the Chicago Teachers Union addresses union menbers during a rally Saturday, Sept. 15, 2012, in Chicago. Lewis reminded that although there is a "framework" for an end to their strike, they still are on strike. (AP Photo/Sitthixay Ditthavong)

  • Karen Lewis

    Karen Lewis, president of the Chicago teachers union , left, and vice president Jesse Sharkey stand before a meeting of the union's House of Delegates Friday, Sept. 14, 2012, in Chicago. (AP Photo/Charles Rex Arbogast)

  • Karen Lewis

    Chicago Teachers Union president Karen Lewis arrives for a meeting of the union's delegates Friday, Sept. 14, 2012, in Chicago. The city's nearly weeklong teachers strike appeared headed toward a resolution Friday after negotiators emerged from marathon talks to say they had achieved a "framework" that could end the walkout in time for students to return to class Monday. (AP Photo/Charles Rex Arbogast)

  • David Vitale

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  • A large crowd of public school teachers rally at Chicago's Congress Plaza to protest against billionaire Hyatt Hotel mogul Penny Pritzker, who is also a member of the Chicago Board of Education on Thursday, Sept. 13, 2012. Protesters said that $5.2 million in Tax Increment Financing (TIF) funds being used to build a new Hyatt hotel in Hyde Park would be better spent on meeting basic student needs. (AP Photo/Sitthixay Ditthavong)

  • Striking Chicago public school teachers and their supporters march down Michigan Avenue on September 13, 2012 in Chicago, Illinois. More than 26,000 teachers and support staff walked off the job on September 10 after the Chicago Teachers Union failed to reach an agreement with the city on compensation, benefits and job security. With about 350,000 students, the Chicago school district is the third largest in the United States. (Photo by Scott Olson/Getty Images)

  • Striking Chicago public school teachers and their supporters rally following a march down Michigan Avenue on September 13, 2012 in Chicago, Illinois. More than 26,000 teachers and support staff walked off the job on September 10 after the Chicago Teachers Union failed to reach an agreement with the city on compensation, benefits and job security. With about 350,000 students, the Chicago school district is the third largest in the United States. (Photo by Scott Olson/Getty Images)

  • Striking Chicago public school teachers and their supporters march down Michigan Avenue on September 13, 2012 in Chicago, Illinois. More than 26,000 teachers and support staff walked off the job on September 10 after the Chicago Teachers Union failed to reach an agreement with the city on compensation, benefits and job security. With about 350,000 students, the Chicago school district is the third largest in the United States. (Photo by Scott Olson/Getty Images)

  • Teachers picket outside the Chicago Public Schools headquarters on September 13, 2012 in Chicago, Illinois. More than 26,000 teachers and support staff walked off of their jobs on September 10 after the Chicago Teachers Union failed to reach an agreement with the city on compensation, benefits and job security. With about 350,000 students, the Chicago school district is the third largest in the United States. (Photo by Scott Olson/Getty Images)

  • Striking Chicago public school teachers and their supporters march down Michigan Avenue on September 13, 2012 in Chicago, Illinois. More than 26,000 teachers and support staff walked off the job on September 10 after the Chicago Teachers Union failed to reach an agreement with the city on compensation, benefits and job security. With about 350,000 students, the Chicago school district is the third largest in the United States. (Photo by Scott Olson/Getty Images)

  • Striking Chicago public school teachers and their supporters rally before a march down Michigan Avenue on September 13, 2012 in Chicago, Illinois. More than 26,000 teachers and support staff walked off the job on September 10 after the Chicago Teachers Union failed to reach an agreement with the city on compensation, benefits and job security. With about 350,000 students, the Chicago school district is the third largest in the United States. (Photo by Scott Olson/Getty Images)

  • Thousands of public school teachers and their supporters rally outside the Hyatt Regency Hotel to protest against Penny Pritzker, whom they accuse of benefiting from being a board member of both the Chicago Board of Education and Hyatt Hotels on Thursday, Sept. 13, 2012 in Chicago. (AP Photo/Sitthixay Ditthavong)

  • Children in strollers join thousands of public school teachers rallying outside the Hyatt Regency Hotel, protesting against Penny Pritzker, whom they accuse of benefiting from her position on the boards of both the Chicago Board of Education and Hyatt Hotels on Thursday, Sept. 13, 2012 in Chicago. (AP Photo/Sitthixay Ditthavong)

  • Two-year-old identical twins Colton and Lucas Jordan join thousands of public school teachers and their supporters as they march along Chicago's Michigan Avenue, protesting against Penny Pritzker, whom they accuse of benefiting from her position on the boards of both the Chicago Board of Education and Hyatt Hotels on Thursday, Sept. 13, 2012. (AP Photo/Sitthixay Ditthavong)

  • Thousands of public school teachers and their supporters rally outside the Hyatt Regency Hotel to protest against Penny Pritzker, whom they accuse of benefiting from her position on the boards of both the Chicago Board of Education and Hyatt Hotels on Thursday, Sept. 13, 2012 in Chicago. (AP Photo/Sitthixay Ditthavong)

  • Teachers and their supporters rally in downtown Chicago on day four of the strike Thursday, Sept. 13.

  • Teachers and their supporters rally in downtown Chicago on day four of the strike Thursday, Sept. 13.

  • Teachers and their supporters rally in downtown Chicago on day four of the strike Thursday, Sept. 13.

  • Teachers and their supporters rally in downtown Chicago on day four of the strike Thursday, Sept. 13.

  • A large group of public school teachers marches past John Marshall Metropolitan High School on Wednesday, Sept. 12, 2012 in West Chicago. Teachers walked off the job Monday for the first time in 25 years over issues that include pay raises, classroom conditions, job security and teacher evaluations. (AP Photo/Sitthixay Ditthavong)

  • A large group of public school teachers rally at John Marshall Metropolitan High School on Wednesday, Sept. 12, 2012 in West Chicago. Teachers walked off the job Monday for the first time in 25 years over issues that include pay raises, classroom conditions, job security and teacher evaluations. (AP Photo/Sitthixay Ditthavong)

  • A family waves at a large group of public school teachers as they march on streets surrounding John Marshall Metropolitan High School on Wednesday, Sept. 12, 2012 in West Chicago. Teachers walked off the job Monday for the first time in 25 years over issues that include pay raises, classroom conditions, job security and teacher evaluations. (AP Photo/Sitthixay Ditthavong)

  • Chicago public school student Natalia Segal joins the picket line outside of Marshall High School on September 12, 2012 in Chicago, Illinois. More than 26,000 teachers and support staff walked off of their jobs on Monday after the Chicago Teachers Union failed to reach an agreement with the city on compensation, benefits and job security. With about 350,000 students, the Chicago school district is the third largest in the United States. (Photo by Scott Olson/Getty Images)

  • A large group of public school teachers marches past John Marshall Metropolitan High School on Wednesday, Sept. 12, 2012 in West Chicago. Teachers walked off the job Monday for the first time in 25 years over issues that include pay raises, classroom conditions, job security and teacher evaluations. (AP Photo/Sitthixay Ditthavong)

  • A young boy in a cart is pulled along by his mother at the tail of a group of public school teachers marching on streets surrounding John Marshall Metropolitan High School on Wednesday, Sept. 12, 2012 in West Chicago. Teachers walked off the job Monday for the first time in 25 years over issues that include pay raises, classroom conditions, job security and teacher evaluations. (AP Photo/Sitthixay Ditthavong)

  • Thousands of public school teachers rally for the second consecutive day outside the Chicago Board of Education district headquarters on Tuesday, Sept. 11, 2012 in Chicago. Teachers walked off the job Monday for the first time in 25 years over issues that include pay raises, classroom conditions, job security and teacher evaluations. (AP Photo/Sitthixay Ditthavong)