POLICY HIGHLIGHTER

Volume 13, Number 27
August 22, 2003

The court restates: Teacher strikes are illegal

“Based upon the common law of this state, strikes by public employees are illegal. There is no express or explicit statutory right for teachers to strike.” – Judge Joan Dubuque

Time and time again, the state’s courts have ruled that public employee strikes are illegal. A court ruling last year in a case brought by the Issaquah School District against the Issaquah Education Association eliminated any confusion regarding teacher strikes. In spite of this ruling, the Washington Education Association is again threatening strikes as it aggressively negotiates new contracts this year.

Superior Court Judge Joan Dubuque stated unequivocally: “It is this court’s determination, after reviewing the Supreme Court precedents of this state as well as the laws of this state, that teachers do not have the right to strike, and what is going on is an illegal strike at this time.”

She went on to say:

“Under our state constitution, Article IX, Section 1, it is clear that the state has indicated and said expressly that the paramount duty of this state is to provide a public education. There is statutory authority implementing that paramount interest of the state, and that is the mandatory education provisions that we have for all children. As I have indicated, our Supreme Court, in decisions ranging from 1958 forward has affirmed, has reiterated, and has expressly stated the fundamental precept that there shall be no public employee strikes, and there has been no legislative action by the legislature to overrule this common law.”

Both Governor Gary Locke and Attorney General Christine Gregoire have also previously stated that teacher strikes are illegal.

In a 1996 interview, Gregoire specifically addressed the issue of strikes when she 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.”

So 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. Schools districts also can file an unfair labor practice complaint with the Public Employment Relations Commission, and request that the local, regional (UniServ) and state (WEA) union affiliates each be ordered to pay a fine of $100 per striking teacher for every day of a strike.

Case law is clear: teacher strikes are illegal.

Additional Information:
Issaquah court ruling transcripts | King County Superior Court | August 2003

Prepared by the Evergreen Freedom Foundation

Contact: Marsha Richards | Budget Research Analyst | 360.956.3482

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