On a day when so many thought Chicago Public Schools students might be back in class, lawyers for the school board took the teachers union to court.

Teachers want until Tuesday afternoon to think over the latest contract proposal. The school board wants kids in school as soon as possible while hundreds of delegates vote on it.

The school board was hoping a temporary restraining order would be enough to force teachers back to class. But a judge denied it Monday and has scheduled a hearing on the matter for Wednesday at 10:30 a.m. The hitch? Teacher delegates vote Tuesday afternoon. If they vote to accept the latest proposal, this court business serves only as an agitator in what is now a six-day long battle.

For more than a week, it has been made clear the strike is about more than money -- air conditioning in classrooms, lack of textbooks and furniture. Salary and benefits practically took a back seat to the side issues, non strike-able matters.

In the injunction filed Monday, a letter dated September 7 stands out as an exhibit. In it, CTU president Karen Lewis says any previously made statements stating the strike was about something other than money. They were “unintended and expressly disavowed.”

Mondays’s news about a court injunction has the union firing back at Mayor Emanuel.

The union released a statement saying “CPS's spur of the moment decision to seek injunctive relief  six days later appears to be a vindictive act instigated by the mayor. This attempt to thwart our democratic process is consistent with Mayor Emanuel's bullying behavior toward public school educators."

Delegates are set to vote Tuesday at 3 p.m.  The earliest students would go back to school would be Wednesday.