AFSCME union seeks to charge university with criminal offense for bringing in alleged “strikebreakers”

The union representing certain Illinois State University employees filed a lawsuit Tuesday against the college, alleging it hired temporary workers while staff remained on strike.

AFSCME Council 31, which represents roughly 350 employees, says the move violates the state’s Employment of Strikebreakers Act, which classifies such conduct as a Class A misdemeanor.

“To gain leverage to ‘win’ the strike, the University has contracted with companies that have hired temporary employees to cross picket lines and perform the work of the strikers,” a copy of the suit shared by local outlet WGLT said. “This action is illegal.” 

Plaintiffs argue that such hiring practices distort the balance of power between employer and employees and prolong the strike by easing the university’s operational strain from the loss of services.

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Food is displayed for students at a college dining hall on Tuesday, Aug. 30, 2022. (David Odisho/Bloomberg)

Consequently, the lawsuit is seeking declaratory and injunctive relief to halt the use of temporary replacement workers, arguing employees could suffer “irreparable” harm without court intervention.

An Illinois State University spokesperson said Wednesday afternoon that the university has not received formal notification of the lawsuit, but that it follows a state procurement process designed to ensure compliance with the law, WGLT reported. 

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Visitors hold an Illinois State University Redbirds flag before a game on October 22, 2022. (David Allio/Icon Sportswire)

According to the complaint, the striking members involved work as building services, grounds, and dietary employees. Their duties include maintaining student dormitories and preparing meals in campus dining halls.

The union alleges the university hired five contractors to perform their work, including four cleaning agencies.

Citing the Employment of Strikebreakers Act, which prohibits knowingly contracting with temporary labor agencies to replace striking workers, the union said it has previously raised concerns with the university.

Despite those warnings, the lawsuit claims Illinois State University continued the practice.

Labor union activists march and chant during a union rally on Wednesday, Feb. 23, 2011. (Bill Clark/Roll Call)

The strike began April 8 following a 10-day notice to the university. The parties reportedly failed to reach an agreement on an “overall economic offer” after their previous contract expired on June 30, 2025.

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University officials have said their final offer includes multiple wage increases and hourly rates comparable to similar positions at other area employers, WGLT reported.