The Washington Education Association (WEA)defending
current teacher strikeshas stated that the legality of the strikes
is unclear. The record may help clarify the issue.
The state Public Employment Relations Commission (PERC) has
record of 84 teacher strikes in Washington. Court injunctions have been
granted in 24 of 29 cases in which they were sought to end the strikes.*
In one case, union officials were jailed.
In three of the five cases in which injunctions were not granted,
the court took other corrective action or teachers settled before a ruling
could be made. In the remaining two cases, injunctions were deniedin
one case because the school district was holding classes with replacement
teachers, and in the other because the court believed there was bad faith
in bargaining (in this case the court took other corrective action).
The most recent court ruling came last year when the Issaquah
School District sought an injunction to end a three-week strike. King County
Superior Court Judge Joan Dubuque granted
the injunction and stated clearly: " . . . teachers do not have
the right to strike, and what is going on is an illegal strike at this time."
Following is a history of the strikes PERC has record of in
Washington state (injunctions in bold):
Year
School District
Strike Length
Court Action?
Outcome
1972
Aberdeen
3 days
Yes
Injunction
1973
Evergreen
10 days
Yes
Injunction; Union leaders jailed 45 days
1973
Elma
6 days
No
Replacement teachers used
1973
Edmonds
1 day
Yes
Injunction
1974
Mead
8 days
Yes
Injunction; schools remained open
1974
Yelm
1 day
No
Schools remained open
1974
Goldendale
1 day
Yes
Injunction
1974
Central Kitsap
1 day
No
Planned 1 day walkout
1974
Kelso
2 days
No
Strike ended before court hearing; schools remained open
1974
Federal Way
19 days
Yes
Injunction; Teachers defied injunction; schools remained open
1974
Tacoma
12 days
Yes
Injunction; Teachers defied injunction; schools opened 1 day with
replacements
At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:
"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"