Washington Education Association (WEA) officials say the legislature has
not prohibited strikes and they will continue organizing them until the legislature
specifically says otherwise. Kathy OToole, a WEA staff attorney, recently
told the unions members:
. . . [T]he legislature has never prohibited strikes by teachers. .
. . [A]t least four times the Legislature has refused to amend the certificated
employee bargaining law to prohibit strikes. . . . Obviously, if the Legislature
wanted to prohibit strikes by teachers, there have been lots of opportunitiesbut
the Legislature has chosen not to do so.
So why skirt the issue? If the 2004 Legislature refuses to spell it out,
the WEA will continue to thumb its nose at the several dozen court rulings
saying strikes are illegal. The unions argument that neither the
Washington Supreme Court nor the Washington Court of Appeals has ruled that
teacher strikes are illegal holds no water because the union has never
appealed any of the dozen lower court rulings to find out if the higher courts
concur.
Meanwhile, new and expensive strikes are in the wingsstrikes that will
fracture other school staff and local communities.
Sure, problems exist in public education, and certainly teachers need a voice
in how these problems are solved. But using a strike as a communications vehicle
is the wrong way to a remedy.
The solution to this problem has been spelled out by the party in question.
Whats left to discuss?
At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:
"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"