On Tuesday, the union for certain employees at Illinois State University initiated legal action against the institution, accusing it of employing temporary staff while its workforce was on strike.

According to AFSCME Council 31, which advocates for about 350 workers, this decision contravenes the state’s Employment of Strikebreakers Act, categorizing such actions as a Class A misdemeanor.

The lawsuit, as reported by local news outlet WGLT, claims, “In an effort to gain an advantage in the strike, the University has engaged companies that hired temporary workers to cross picket lines and assume the responsibilities of the striking employees. This practice is unlawful.”

The plaintiffs contend that bringing in temporary workers disrupts the equilibrium between employer and employee, potentially prolonging the strike by alleviating the university’s operational challenges caused by the absence of services.

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

As a result, the lawsuit seeks both declaratory and injunctive relief to stop the employment of temporary replacements, arguing that the employees might endure “irreparable” harm without judicial 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. 

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.

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