2005 POLICY HIGHLIGHTER

August 24, 2005

Can teachers’ union spell I-L-L-E-G-A-L?

Local affiliates of the Washington Education Association (WEA) in the Bethel, Peninsula, Clover Park and Mount Vernon school districts are threatening school boards with illegal strikes over disagreements in current contract negotiations. 

Washington courts have consistently ruled teacher strikes are illegal (See History of Washington teacher strikes ).

Thanks to an unbroken string of defeats in superior courts, union officials have never appealed a judicial loss to the appellate level, fearing a statewide precedent that would remove the threat of strikes (though illegal) from their bargaining arsenal.

Instead, the WEA continues to ignore clear case law in Washington and once again is positioning teachers for illegal 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.”

Ruling on the 2003 Marysville strike, 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.

Attorney General Rob McKenna affirmed teacher strikes are illegal when campaigning for office in 2004: 

“Every elected official in Washington State swears an oath to uphold the State's Constitution and laws. As the State's top legal officer, the Attorney General's primary constitutional responsibility is to defend our State's laws, including the statutory prohibition on strikes.”

Governor Christine Gregoire has also affirmed teacher strikes are illegal. 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.”

Union negotiators should not be permitted to hold children hostage and force district concessions with threats of illegal activity.  Concerned parents can contact their school board members and urge the board to seek a preemptive injunction against illegal strikes. 

ADDITIONAL INFORMATION

Marysville injunction
Issaquah court ruling transcripts
AG candidates agree: Washington's anti-strike law clear


Contact: Michael Reitz | General Counsel | (360) 956-3482

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