November 26, 2025
Willkie client, Educators for Excellence, a teacher-led organization that ensures educators have a leading voice in the policies that impact their students and profession, prevailed against the Chicago Teachers Union, which represents nearly 25,000 educators and has historically exerted an outsized influence on education policy in Chicago, in an appeal before the U.S. Court of Appeals for the Seventh Circuit. In its ruling on November 19, the court held there is no implied right of action under Section 481(g) of the Labor Management Reporting and Disclosure Act (“LMRDA”), reinforcing that disputes over union-election spending must proceed through internal union remedies and, if necessary, a post-election complaint to the U.S. Department of Labor, not private, pre-election lawsuits.
The court emphasized that, when Congress provides a specific enforcement mechanism, courts should not create additional remedies. The only pre-election private lawsuit Congress authorized in this area is for distribution of campaign literature under § 481(c) of the LMRDA. Because Congress included an express private right of action there—but not in § 481(g)—the court concluded that § 481(g) does not permit private pre-election suits. The decision aligns with decisions from other circuits and reinforces the Department of Labor’s exclusive role in enforcing Title IV election rules after an election.
In so holding, the Seventh Circuit affirmed the decision of the district court to dismiss the union’s lawsuit on the merits and with prejudice.
The Willkie team included partners Craig C. Martin and Laura Norris, and associates Joshua C. Martin, and Olivia Varnado with assistance from paralegal Casey Gioielli.
Joshua Martin argued on behalf of Educators for Excellence before the Seventh Circuit Court of Appeals.
