TEACHER STRIKE ILLEGAL

On March 10, the Washington Education Association (WEA) Board unanimously voted to poll the union’s 70,000 members to determine their readiness for a statewide strike. It’s ironic that an organization whose stated mission is to make public education the best it can be for students, staff and communities wants teachers to strike, in effect shutting down public education. How does this help public education students?

Teacher strikes are illegal in Washington and union officials know it. A WEA strike is an illegal labor practice. If the union drives teachers to strike, school districts should immediately file a complaint with the Public Employees Relations Commission (PERC) requesting severe fines and penalties.

Teacher strikes have long been considered harmful . . .

In 1958, the Washington State Supreme Court ruled that strikes by public employees are unlawful. (Port of Seattle v. International Longshoremen’s & Warehousemen’s Union, 52 Wn.2d 317, 324 P.2d 1099.) The Court stated that while public employees have the right to organize, they do not have the right to strike. Furthermore, the only way public employees can gain the right to strike is if the legislature decides to give it and passes specific legislation granting that right.

In 1967, when the legislature passed the Public Employees Collective Bargaining Act – which excluded teachers – (RCW 41.56) it specifically stated that public employees do not have the right to strike.

In 1972, the Washington State Supreme Court reaffirmed its 1958 decision. (Rosa Irrigation District v. State, 80 Wn.2d 633, 497 P.2d 166.) The court decision stated, "By way of compensation for the refusal to grant this right [to strike] . . . are the provisions defining unfair labor practices and providing remedies therefore."

In 1975, the legislature passed a law allowing teachers to bargain collectively (RCW 41.59). Aware of the previous court decisions, the legislature did not give teachers the right to strike. The 1975 law established the Educational Employment Relations Act, giving step-by-step procedures for conflict resolution. Unresolved contract issues are to be brought before PERC before impasse.

To our knowledge, school districts seeking injunctions to stop strikes have been successful in every case. Although we can find no instance of the state’s appellate courts addressing the legality of teacher strikes, superior courts have ruled that teacher strikes are illegal and have issued injunctions.

Attorney General Christine Gregoire has specifically told the WEA that she believes Washington state law does not permit teachers to strike. In a 1996 interview, Gregoire told the WEA, "I am opposed and I have stated it publicly. We need to get the issue before the supreme court for a decision. If called upon, I would defend otherwise. It is a tough struggle based on [Washington] law." In other words, Gregoire told the WEA that teacher strikes were illegal and that she would defend the school districts and the state in any court action against striking teachers.

. . . Yet teacher strikes continue today.

So with all the legal prevention, why do we still have teacher strikes? We have them because we have weak school boards. To our knowledge, no court in this state has turned down a school board’s request for an injunction to end a strike – all they need to do is ask.

The WEA’s action is an illegal labor practice and school districts should not tolerate this type of threat from the union. Before impasse, conflicts should be taken to PERC. We suggest school districts file an unfair labor practices complaint with PERC and request a $100 per day per member fine against both the WEA and the local education association for any teacher strike.

Under current practice, teachers suffer no penalty when they engage in an illegal strike or work stoppage. The school year is simply extended. School districts should seek sanctions against any illegally striking teachers by deducting two days pay for every day a teacher is on strike.

Calling for teacher strikes is not making public education the "best it can be" – this illegal action would be a detriment to public school children and disruption to the community.

Prepared by Bob Williams, Senior Research Analyst, (360) 956-3482 or effwa@effwa.org

Evergreen Freedom Foundation P.O. Box 552, Olympia, WA 98507 Phone: (360) 956-3482, Fax: (360) 352-1874 Email: effwa@effwa.org