Teachers' Strikes: Lawful Or Unlawful?

Teachers' strikes are an organised refusal to work that can cause public schools to close indefinitely. They are typically a last resort, given the disruption to students and their families. In most places, they are illegal. However, the legality of teachers' strikes varies from state to state in the US. While some states explicitly ban strikes, others allow them, and some have no explicit statutes on the matter. Teachers in states where strikes are illegal have employed alternative tactics, such as walkouts and sick-outs.

Where are teacher strikes illegal?

Teacher strikes are illegal in most places. As of January 2014, 35 states and Washington, D.C., had laws forbidding teacher strikes. That number rose to 37 states and Washington, D.C., by 2023.

In some states, teachers are allowed to strike, but only in certain circumstances. For example, in Pennsylvania, teachers are allowed to strike twice per school year.

Even in states where teacher strikes are illegal, they do sometimes occur. Teachers in West Virginia, for instance, have walked out en masse several times, most recently in 2019, despite their state prohibiting public employee strikes.

In other states, unions prefer to use the term “walkout” instead of "strike", although the two terms are often used interchangeably.

In Massachusetts, it is illegal for teachers to strike, but the state's largest teachers' union is pushing to change that. Multiple bills have been proposed that would allow some public employees to strike after six months of negotiations.

What are the consequences of striking in these places?

The consequences of teacher strikes can be severe and wide-ranging, affecting students, teachers, and the wider community.

Impact on Students

Students are at risk of falling behind in their studies and may have trouble catching up, especially if the strike lasts for an extended period. This can cause negative effects in terms of school performance, labour market participation, and wages. Research on strikes in Sweden, Belgium, Argentina, and the US has shown that students exposed to teacher strikes may suffer consequences that last a lifetime, including lower incomes and less qualified occupations.

Impact on Teachers

Teachers who strike risk facing disciplinary action, fines, termination, license suspension, and even jail time, especially in the 37 US states and Washington, D.C., where teacher strikes are illegal. However, these laws are not always enforced, and the threat of punishment may be mitigated by strong public support for the strike.

Impact on the Community

Teacher strikes can disrupt educational, social, and economic activity. They can also influence public policy and legislative decisions, sometimes resulting in increased funding for education. Strikes may also lead to tighter laws restricting the right to protest for public workers.

What are the reasons for teacher strikes?

Teachers' strikes are an organised refusal to work that can cause public schools to close indefinitely. They are typically viewed as a last resort, given the disruption to the lives of students and their families. However, teachers have secured major victories through strikes, such as higher wages, better working conditions, and more funding for schools.

Historically, teacher strikes have centred on "bread-and-butter issues", such as higher wages and better working conditions. For example, in 2018, thousands of teachers in West Virginia, Oklahoma, and Arizona went on strike to fight for higher wages and more school spending, forcing schools across the states to shut down. In recent years, some strikes have begun to encompass sweeping social issues. For instance, in 2019, Los Angeles Unified teachers fought for and secured more community schools, the elimination of random searches of students, and legal support for students and families facing immigration-related concerns.

Teachers may also strike when contract negotiations break down or in response to unfair alleged labour practices by the employer. For instance, in 2022, teachers in Columbus, Ohio, went on strike as they secured a new contract that included pay raises, a commitment to add heating and air conditioning to student learning areas, a reduction in class sizes, and a paid parental-leave programme for teachers.

In addition to these reasons, the COVID-19 pandemic has also played a role in the recent wave of teacher activism. Teacher job dissatisfaction has increased since the pandemic, with teachers feeling like they are constantly being asked to do more with less. The upcoming end of federal COVID recovery funding and the resulting budget crunches in school districts are also expected to precipitate more conflicts and strikes.

What are the alternatives to striking?

Teachers' strikes are an organised refusal to work that can cause public schools to close indefinitely. Strikes are usually a last resort, given the disruption to the lives of students and their families. However, they are sometimes necessary for teachers to secure better pay and working conditions.

"Walk-ins"

In a "walk-in" protest, teachers gather before work, wearing union t-shirts and holding signs, and then walk into the school in unison. Students, parents, and other community members may accompany them. This type of protest allows teachers to demonstrate their unity and strength without interrupting school operations.

"Work-to-rule" or "working the contract"

This strategy involves teachers refusing to do any work that is not explicitly required by their contract. They stop doing unpaid overtime, such as responding to student emails at night or grading papers over the weekend. They also decline any voluntary assignments, such as supervising extracurricular activities. By working only the hours required, teachers can reduce their workload and send a message to the administration about the need for better working conditions.

"Sick-outs"

In a "sick-out", teachers coordinate calling in sick on the same day, which can shut down schools or entire districts. While this tactic can be effective, it may also be considered an illegal strike in some jurisdictions. In Clark County, Nevada, for example, a judge ruled that a "sick-out" protest constituted an illegal strike and issued an injunction to end the practice.

Rally or Demonstration

Teachers can organise rallies or demonstrations outside the school or at a public space to bring attention to their grievances. This allows them to express their concerns publicly without interrupting the education of their students.

Mediation or Arbitration

Teachers and their unions can pursue mediation or arbitration processes to resolve disputes with school districts. This involves bringing in a neutral third party to help facilitate negotiations and reach a compromise that is acceptable to both sides. This can be a less disruptive alternative to striking while still allowing teachers to advocate for their rights.

Political Advocacy

Teachers and their unions can engage in political advocacy to lobby lawmakers and influence education policy. This can include meeting with elected officials, participating in public hearings, and supporting candidates who are sympathetic to their cause. By advocating for changes at the state or federal level, teachers can address issues such as funding, curriculum standards, and working conditions.

What is the history of teacher strikes?

Teachers across the United States have a long history of striking, with records of strikes occurring as early as the first half of the 20th century. During this period, the American Federation of Teachers and the National Education Association maintained no-strike policies. However, due to persistent issues such as challenging working conditions and a lack of support for public education, many chapters chose to ignore these policies, resulting in an increase in teacher strikes.

Between 1946 and 1949, more than 50 teacher strikes took place, marking a significant increase from the dozen strikes that occurred in the first half of the decade. This trend continued, and from July 1960 to June 1974, there were over 1,000 strikes involving more than 823,000 teachers. By the late 1970s, 72% of public-school teachers were covered by collective bargaining agreements, and union membership soared.

One notable example of teacher strikes during this period includes simultaneous strikes in Chicago, St. Louis, and Philadelphia in 1973. The strike in Philadelphia lasted nearly two months, while the one in Ravenna, Ohio, in 1981 concluded after five months. The longest teacher strike in US history appears to have taken place in Homer, Illinois, in 1987, lasting for eight months.

In more recent years, teacher strikes have continued to occur, with a notable example being the 2019 Los Angeles Unified School District (LAUSD) teachers' strike. Over 30,000 teachers went on strike from January 14 to 22, 2019, protesting low pay, large class sizes, inadequate support staff, and the proliferation of charter schools. This strike was the first in the district in 30 years and affected nearly 500,000 students.

The history of teacher strikes in the United States is a long and ongoing one, with teachers advocating not just for their members but also for better resources and working conditions in schools.

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