Isn't This Illegal?

Right on time for Labor Day weekend, The News Tribune headlines a likely teachers' strike in Bethel.

Clover Creek Elementary School teacher Danielle Edmonds expressed the sentiment of many of the teachers who gathered Wednesday in Graham to prepare picket signs.

“We’re really doing this for the parents, and the community and the children,” Edmonds said. In order to get high-quality teachers, we need that “TRI” (more pay for work outside the school day) package and we need class sizes manageable so we can instruct their children … in the best way we can.”

They might have a better chance of instructing them "in the best way they can" if they were in the classroom instead of on a picket line. So far, no reports that the picketing would be outsourced.

The Evergreen Freedom Foundation documents the monotonous frequency of teacher strikes in recent years.

While the TNT  doesn't mention the illegality of such strikes, this has been addressed before (hat tip to Jason Mercier at the Washingto Policy Center). And this 2006 opinion from Attorney General Rob McKenna looks pretty unambigous to me. The crux:

  In Washington, state and local public employees do not have a legally protected right to strike.  No such right existed at common law, and none has been granted by statute.  State ... statutes presently do not impose penalties on public employees for engaging in a strike. Under appropriate circumstances, a court may enjoin a public employee strike and may impose penalties for noncompliance. 

Here's a remedy unlikely to be pursued:

If it so chooses, the Legislature may establish penalties that would apply to employees who engage in unlawful strikes.  Provided they are consistent with significant limitations based in free speech guarantees, the Legislature also may establish penalties applicable to employees, unions, and union officials who incite unlawful strikes.

Something to consider next time lawmakers are inspired to pass legislation "for the kids."

Comments

[Jason]

Since education is the "paramount duty of state" shouldn't the Attorney General file an injunction to open the school doors since he's already opined on the illegality of strikes?