OREGON, USA — Portland’s first-ever teachers strike follows similar strikes in school districts across the country, including Los Angeles, Oakland and Southwest Washington. The historic walk-off impacts roughly 45,000 students and their families. It may also set the tone for other school districts in Oregon looking to negotiate labor agreements.
Are teacher strikes legal?
Teachers can strike in Oregon. It’s legal. The only public workers prohibited from striking in Oregon are police officers, firefighters, prison guards and a few other emergency workers.
In 37 states and Washington D.C., it is illegal for teachers to go on strike. But those laws don’t always prevent teachers from hitting the picket lines. For example, in September teachers in Evergreen Public Schools and the Camas School District went on strike despite Washington laws that forbid teacher strikes.
“Sometimes, the penalties for illegal strikes are not credibly enforceable or do not exist,” explained Melissa Arnold Lyon of the Rockefeller College of Public Affairs and Policy at the University of Albany, SUNY.
In some states, the penalty for striking teachers includes fines, termination, license suspension or even jail. Lyon explains, seldom are those penalties enforced because a school district can’t function if all the teachers are fired. Often, a teachers’ union will negotiate penalties be forgiven as part of the bargaining that is done to end a strike.
How long do teacher strikes typically last?
Nationwide, most teacher strikes last one week or less, according to Lyon’s research which covers the past 15 years. In 2012, a teacher strike in the Gresham-Barlow District lasted for one day. Teachers in the Medford School District had a 16-day strike in 2014.
“Shorter strikes tend to be received most positively,” explained Lyon. “The longer strikes drag on, the more frustrated parents might become, the more frustrated the communities might become as kids are out of school for longer periods of time.”
Can anyone intervene to help end the strike?
A public employer or school district could file a lawsuit under Oregon law asking a judge to halt the walkout if it was determined to be a threat to the public, safety and welfare.
Governor Tina Kotek said she sent staffers to talk to leaders on both sides. She has also talked to the superintendent and union president directly, encouraging them to find a resolution.
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Are teacher strikes common?
Teacher strikes are rare, although there has been an uptick in strikes across the country. In 2018, there was a wave of teacher strikes from West Virginia to Oklahoma and Kentucky. Teachers in Arizona, Colorado and North Carolina also hit the picket lines. State budget cuts impacted school spending and teacher salaries.
“You saw a lot of teacher mobilization in these places where it is historically difficult to mobilize teachers,” Lyon explained.
This year, several large school districts including Oakland. Los Angeles and Portland have seen teachers go on strike — generating headlines after a work stoppage.