Teacher strikes illegal and poorly timed

Between Boeing workers, baseball players and teachers, threatened strikes are an epidemic. Even if teacher strikes were legal (they are not), the timing of the union's latest demands (cost-of-living increases plus ten percent and expanded health benefits) is poor and unprofessional.

The threatened strikes follow on the heels of an annual cost-of-living wage increase granted by voters. They come during a recession when many Washington citizens (taxpayers who will foot the bill for new demands) would be happy to have a job, period. They come when the average teacher salary is more than $3,000 more than the average salary of a private sector worker. (Total compensation for teachers averages $57,587.) They come on the eve of September 11, a time of national mourning. And they come, not in the summer, but at the beginning of the school year when children will be barred from their classrooms and it will be difficult for many families to adjust to an interrupted schedule.

These threatened strikes against children and their parents are ironic coming from the Washington Education Association (WEA), an organization whose stated mission is to make public education the best it can be for students, staff and communities. Students and communities are those most harmed when teachers walk off the job.

That is precisely why teacher strikes are illegal in Washington state, and union officials know it. Public employees, including teachers, do not have the right to strike. By definition they are providing essential services. Using those services as a bargaining chip causes unmitigated harm.

If the WEA drives teachers to strike, school districts should immediately file a complaint with the Public Employees Relations Commission (PERC) requesting 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 (RCW 41.56)—which excluded teachers—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?

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 have the power to seek sanctions against any illegally striking teachers by deducting two days pay for every day a teacher is on strike, as New York law allows. We also 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.

Calling for teacher strikes does not make public education the "best it can be." It is harmful, illegal and unprofessional

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