Issue Summary (Updated January 2009)
Teacher Strikes in Pennsylvania

The Issue:

Pennsylvania leads the nation in the number of teacher strikes. Nearly sixty percent of the 164 nationwide strikes since 2000 occurred in Pennsylvania. While the number of strikes has declined since the inception of Act 88 in 1992 (mandating 180 days of school to be completed by June 15th), there needs to be a stricter legislation that either eliminates the right of teachers to strike or imposes tough penalties if they do so.

What We Know:

While thirteen states across the nation permit teachers to strike (Alaska, California, Colorado, Hawaii, Illinois, Louisiana, Minnesota, Montana, Ohio, Oregon, Pennsylvania, Vermont, and Wisconsin), the majority of teacher strikes since 2000 have taken place in three states: Pennsylvania (94), Ohio (28), and Illinois (29). It is plain to see that Pennsylvania, which is already in a minority since it is one of the few states where teachers can strike, is far and away the leader in actual stoppages.

Prohibitory strike laws with prescribed and serious penalties, supported by court rulings, are effective in preventing strikes as demonstrated by Florida, Georgia, New York, Tennessee, and other states where no strikes occur. In Florida, employees who strike can be terminated and unions receive fines for damages up to $20,000 per strike day and face decertification. Georgia and Tennessee also reserve the right to terminate a striking teacher who will then have to wait three years before they can apply for re-employment. In New York, the Taylor Law imposes a penalty of two days lost pay for every day on strike. The union also loses its concession to check off dues for one year.

Recommendations:

Teacher strikes harm students, families, and communities. Strikes have financial as well as social consequences. Financial burdens are conveyed by increased property taxes due to inflated teacher contracts and childcare costs during the strike. Social consequences are displayed by strained relationships between teachers and the community and parents. Therefore, strikes reveal the selfish interests of unions and teachers at the public’s expense. Teachers are public employees and servants and should act accordingly. Teachers who strike should incur consequences for their actions. Two recommendations that would curtail the willingness and motivation for teachers to hit the picket line are:

1) Impose a penalty that takes away two days pay and benefits for each day teachers miss regularly scheduled school time;

2) Mandate a school year consisting of 180 days of instruction would have to be met by May 31st.

The first recommendation will provide an economic penalty for striking and alter the bargaining balance away from the heavy way it now favors the teachers and penalizes school boards and taxpayers. The primary benefit of the second recommendation would be to put a stop to end of year strikes that create such inconvenience and disruption for students who are graduating and those needing to get summer jobs underway and to end the disruption families face through the postponement of graduation ceremonies.

In short, teachers who are held accountable for their actions are far less likely to strike.