09/18/2012 10:32 pm ET

Rahm Emanuel Says 'Students Are Being Used As Pawns' In Teachers Strike

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The Chicago teachers strike entered its second week as teachers met on Sunday but failed to vote on a tentative agreement, NBC’s education correspondent Rehema Ellis reports.

There was no discussion with teachers Monday due to the Jewish holiday of Rosh Hashanah, meaning the earliest school could resume is Wednesday.

Chicago mayor Rahm Emanuel sought a court order in order to stop the strike, saying this represents a “strike of choice,” and “students are being used as pawns.”

The suit claims the strike violates state law because it threatens the safety of children and is based on issues beyond pay and benefits, the Detroit Free Press reports.

According to MSNBC, there is also some in-fighting within the union, as teachers would like more time to mull over issues like job security.

Assuming the strike continues, a court hearing is scheduled for Wednesday during which Cook County Circuit Judge Peter Flynn will consider whether the strike is in fact legal.

If city lawyers are able to force an injunction, teachers could be forced back to the classroom sooner than they might prefer.

The ongoing strike has kept 350,000 students out of school in the nation's third-largest district.