POLICY HIGHLIGHTER

Volume 14, Number 16
July 9, 2004

Marysville Teacher Strike - Lessons Learned
Washington's courts repeatedly rule that teacher strikes are illegal
(Part one of a five part series)

It was the longest strike in state history, but three months ago Marysville teachers finally agreed to a new contract, and just this month graduating seniors finally got to celebrate commencement. Thanks to the state's failure to enforce the law, these developments may be coming just in time to start the whole process over again.

Time and again, the state's courts have ruled that public employee strikes are illegal, including strikes by teachers. Court rulings in Marysville in 2003 and in Issaquah in 2002 have reiterated these decisions.

Unfortunately, the Washington Education Association continues to ignore the courts and once again is positioning teachers for strikes this year.

Superior Court Judge Joan Dubuque stated unequivocally in her 2002 ruling against the Issaquah strike: "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."

Judge Dubuque continued: "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."

Last year in Marysville, Superior Court Judge Linda Krese's conclusions of law stated:

1. Public employee strikes are illegal under the common law of Washington.

2. The MEA [Marysville Education Association] strike violates the prohibition on public employee strikes and is an illegal strike.

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?

While students potentially lose scholarships, grants, military academy appointments and job opportunities due to the extended school years, teachers suffer no penalty when they engage in an illegal strike or work stoppage. 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. This is what New York law allows. Schools districts should also be able to file an unfair labor practice complaint with the Public Employment Relations Commission and request 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. When will the law finally be enforced?

Additional Information
Marysville injunction
Issaquah court ruling transcripts
Teachers approve contract, The Herald

Prepared by: Evergreen Freedom Foundation | 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