Rob McKenna issues reminder that teacher strikes are illegal

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Aug 12, 2015

On the eve of a strike vote by teachers in the Pasco School District, former Attorney General Rob McKenna posted this reminder

A few months ago, when district unions around the state were conducting one-day strikes to protest the Legislature, we wrote on SGW:

Let’s be clear: Teacher strikes are illegal in Washington. They are not allowed under state law. The same goes for all public employees at the state and local level.

The reason doesn’t matter. They’re not legal as a protest. They’re not legal for collective bargaining purposes. They’re not legal under any circumstances.

Union leaders know this. That’s why they strenuously avoid prolonging strikes to the point that a court would rule against them and order teachers back to work or levy fines. This process could be sped up, but school boards are often reluctant to be seen as “suing” their teachers.

These strikes are bad for kids. They’re bad for public policy. They’re a bad example of how to work for what you believe in. And, they’re illegal.

Since the WEA and its affiliates continue to argue that teacher strikes are legal it is worth repeating that not a single court in Washington has ever ruled in favor of teachers illegally striking. Since a penalty is not specified in law the consequences are at the discretion of the school board and judge if an injunction is sought. In most cases fines are issued for each day an injunction is violated by illegally striking teachers though in one instance back in the 70's union leaders were jailed. 

If the union is telling teachers that strikes are not illegal, the union should publicly provide a copy of one (just one) finding by a judge saying so. Having researched every teacher strike and court action in the state since 1972 I can tell you they will not be able to produce one since every court ruling has been the same saying teacher strikes in Washington are illegal.

Here are some of the prior state court injunctions against illegally striking teachers:

  • “Defendants are engaged in an illegal strike against the district.” – 1978 Seattle
     
  • “The MEA strike violates the prohibition on public employee strikes and is an illegal strike.” - 2003 Marysville
     
  • “As public employees, the defendants have no protected right to strike under Washington law, and are currently engaged in an illegal strike against the District.”  - 2009 Kent

As court after court has reiterated, there is no gray area in this debate - teacher strikes are illegal in Washington. 

Additional Information  
Pasco teachers union threatens illegal strike – five things every parent should know 

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