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Issue Summary (Updated January 2011)
Pennsylvania shares the undesirable dual distinction of being one of a small minority of states that permits teacher strikes and being the perennial leader in the number of teacher strikes nearly every year.
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) Prohibit teacher strikes and move contract disputes to a system of binding arbitration that relies on disinterested experts who can construct a settlement based on financial condition of the district, salary levels in other districts, and pay and benefit levels.
In short, teachers who are held accountable for their actions are far less likely to strike.
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