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Are teacher strikes illegal? See RCW 41.56.120

Parents in Arlington scrambled yesterday to make alternative arrangements for their children as a strike called by teacher union executives closed local public schools.  Union leaders in Conway and Anacortes also announced plans to strike, bringing to ten the number of districts where local schools closed to students.  Union officials in Seattle, Tacoma and Lake Washington are now deciding whether to similarly shut schools to students, as they seek to lobby lawmakers in Olympia for higher pay and better state-funded benefits.

So far the strikes have put the education of 43,000 students on hold, while further union action could raise that number to 150,000 in the coming weeks.

All this raises the question of whether teacher strikes are legal under state law.  Rich Wood, spokesman for the Washington Education Association union says they are. Statements issued by the Office of the Attorney General say they are not.

After reading the statute, it appears the Attorney General’s office is right.  Chapter 41 of the Revised Code of Washington says,  

“Right to strike not granted.  Nothing contained in this chapter [on union collective bargaining] shall permit or grant any public employee the right to strike or refuse to perform his or her official duties.”  RCW 41.56.120

Union leaders sometimes say this provision doesn’t apply to public school teachers, but teachers are clearly public employees.  In fact, the purpose of these school strikes is to pressure state lawmakers to provide more public funding for teacher pay and health benefits.  The “employer” that is the target of the strike action is a public entity – the state.

Strikes affect more than just unions and lawmakers, though.  Union strikes bring controversy and disruption to student learning.  A union strike denies, at least temporarily, access to education services for children.  Their young lives are put on hold while the adults in the system work out their political differences.

A constructive alternative would be to let parents who choose to have access to, say, $5,000 in public assistance to send their children to a school of their choice.  A bill to permit this learning option has been introduced in the senate.

If lawmakers were to allow more family choice in education, union executives would realize that closing a local school could drive parents away, and they may seek more collaborative ways to resolve differences.

That is why private schools and public charter schools don’t have strikes.  Families can leave these schools at any time, so adults in the system seek peaceful approaches that don’t disrupt the education of children.

Enhancing parental involvement and ending mandatory union membership for teachers would reduce conflict in the public schools and help teach children that angry walkouts and confrontation are not the best way to solve our differences.

 

 

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