Tuesday, May 19, 2015

Teacher strikes are illegal

Day by day the teachers in a school district are walking off the job on strike. For only one day, but on strike nevertheless. But strikes by public employees are illegal.
Strikes are illegal, but there are no consequences. If I went on strike I would have lost a day’s pay for each day, but the teachers - they don't.

Freedom Foundation says it succinctly:
  • The law which authorizes collective bargaining for teachers specifically provides that, "Nothing contained in this chapter shall permit or grant any public employee the right to strike or refuse to perform his or her official duties" (RCW 41.56.120).
  • In 2006, the State Attorney General's Office issued an opinion on the legality of public employee strikes, concluding that: "In Washington, state and local public employees do not have a legally protected right to strike.  No such right existed at common law, and none has been granted by statute.” See AGO 2006 No. 3
  • The website for the State Office of Financial Management bluntly notes that state employees "are not permitted or granted the right to strike or refuse to perform their official duties."
Furthermore, Washington Courts have a long history of declaring teacher strikes illegal and ordering educators to return to work, in some cases fining teachers who refused.
  • 2011: Tacoma teachers strike. Pierce County Superior Court Judge Bryan Chuschcoff ordered teachers to return to work and threatened to fine them if they failed to comply.
  • 2009: Kent teachers strike. King County Superior Court Judge Andrea Darvas issued an injunction to end the strike. The strike continued until Darvas threatened to begin fining teachers and union officials. [Link no longer works.]
  • 2003: Marysville teachers strike. Snohomish County Superior Court Judge Linda Krese orders the strike to end, noting that "Public employee strikes are illegal under the common law of Washington. The [Marysville Education Association] strike violates the prohibition on public-employee strikes and is an illegal strike."
  • 2002: Issaquah teachers strike. King County Superior Court Judge Joan Dubuque declares the strike illegal and threatens to fine teachers who continue to strike.
  • Prior to 2002, state courts issued 24 injunctions against striking teachers.

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