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Judge sides with district; school on for Thursday

Superior Court Judge Bryan Chushcoff has approved a temporary restraining order requiring striking Tacoma teachers to return to work Thursday and both sides to resume negotiations. School starts on delayed schedule tomorrow.


Janet Jensen   staff photographer
Tacoma School District Superintendent Art Jarvis, foreground left, is pursued by striking teachers Jami Geppert, Kimberly Tarver, Johnny Joyce and Brent Gaspaire, from left, as he leaves the City Country Building directly following Superior Court Judge Bryan Chushcoff's decision, in Tacoma, Wash., Wednesday morning, September 14, 2011. Chushcoff said he will issue a temporary restraining order Wednesday afternoon that requires Tacoma's striking teachers to return to work until a full hearing can be held on the legality of their walkout or until they reach a contract agreement with the school district, whichever comes first. (Janet Jensen/Staff photographer)
Published: 09/14/11 6:21 pm | Updated: 09/14/11 5:24 pm
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Story updated 4 p.m.

Superior Court Judge Bryan Chushcoff has approved a temporary restraining order requiring striking Tacoma teachers to return to work Thursday and both sides to resume negotiations.

School officials will notify staff and families that school will start tomorrow. Staff should report at regular time; students two hours after regular time.

The "snow-delay" type start will allow the district to determine if teachers are showing up.

The district plans to notify staff via email and through a posting on its website.

The restraining order requires Tacoma's striking teachers to return to work until a full hearing can be held on the legality of their walkout or until they reach a contract agreement with the school district, whichever comes first.

District attorney Shannon McMinimee hailed the decision as a victory.

"We hope to have students and staff back in school tomorrow," McMinimee said outside court.

Chushcoff also scheduled a hearing for 1:30 p.m. Friday to see if the union complies with his order to return to work.

A hearing on a injunction that permanently would halt the teachers from striking is scheduled for Sept. 27. The judge indicated he hoped that hearing could be canceled because the two sides will have reached an agreement.

The district sought the temporary restraining order Tuesday after teachers did not show up to work following a Monday strike vote.

Most members of the union remained off the job today.

In a morning hearing, McMinimee told Chushcoff the strike was causing substantial harm to students, their parents and members of other school unions not affiliated with the TEA.

Tyler Firkins, hired Tuesday to represent the union, countered that the district had not proved any harm and that it would be wiser for Chushcoff to hold off issuing any order at all until the two sides had a chance to negotiate more.

Firkins said the district was embroiled in an "emergency of its own making" by not bargaining in good faith

In his legal brief, Firkins stated, "The parties could have (and, theoretically, still can) agree to begin school at virtually any time prior to January 2012 and satisfy school year requirements imposed by state statutes."

Chushcoff said that while "there has been some puffery on both sides" the district had made a good enough preliminary showing for him to issue the temporary restraining order.

District spokesman Dan Voelpel said the district is not willing to return to the table until it has a written offer from the union addressing how it intends to compromise on the three main sticking points in negotiations: class size, teacher transfers and pay.

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