The Janus Decision and Teacher Union Strikes


Whether nonunion teachers join in the strike or not, it is a teacher union official who calls a strike.

Bradley D. Marianno and Katharine O. Strunk discuss strikes as a way for teacher union officials after the National Right to Work Legal Defense Foundation –won Janus decision in June, 2018.

Ever since the Supreme Court ruled in Janus v. AFSCME in 2018 that workers are free to choose whether to join a union, we’d argue that the teacher strikes have been as much a fight for the soul of the union as they are for the soul of public education. What the teachers’ unions really want and need is membership. As one political science professor told The New York Times: “Members and money are power in politics.”

The deals that teachers’ unions negotiate with school districts matter more than ever for maintaining their membership and political power in the post-Janus world. As education policy scholars who have studied teachers’ unions and teacher collective bargaining for over a decade, we have read thousands of agreements like the ones just negotiated in Los Angeles, Denver and Oakland.

Consider the deal that the teachers’ union secured in Los Angeles.   . . . the deal includes numerous staffing guarantees that equate to more membership for the Los Angeles teachers’ union: 300 nurses, 82 librarians, 77 counselors. The contract reduces class size by four students in grades 4 through 12 over the duration of the contract, requiring the school district to add new teachers.

The Oakland teachers’ union used a similar playbook.

Additionally, the new contract lowers the counselor-to-student ratio, establishes new caseload limits for school psychologists and speech and language pathologists, and increases staffing levels at schools with 50 or more students who are new to the country – all provisions that will require the district to add more educators. Finally, the union secured a five-month pause on school closures and consolidations, which will maintain current teaching and support staff positions at those schools.

. . . they are also using contract negotiations to limit the transfer of teachers to non-union schools that pose a threat to their membership levels. In Los Angeles, the teachers’ union called for an eight- to 10-month moratorium on new charter schools, something the Los Angeles Unified School District board cannot provide. However, the Los Angeles Unified School District agreed to endorse such a moratorium and lobby California’s governor to that end.

The Oakland teachers’ union secured a nearly identical commitment from the school district to also lobby the state legislature for the same moratorium.

Even while they attempt to limit charter school growth, the unions are also seeking to organize charter school teachers. Of the 277 charter schools in Los Angeles, 65 of them – or 23 percent – are organized by the Los Angeles teachers’ union. In addition, the new LA contract provides union leaders the opportunity to pick a “coordinator” to work with staff at charter schools that share a campus with a traditional public school. This is essentially a foot in the door to draw membership from the charter sector.

All in all, our rough calculations suggest that the staffing provisions in the new Los Angeles contract could add over 1,500 members to the Los Angeles teachers’ union’s membership. This equates to about a 5 percent increase in the union’s ranks of over 30,000 educators. The Oakland teachers’ union could get a similar boost.

In a post-Janus world, unions are showcasing the viability of the picket line as a way to win contracts that bolster membership. Not only that, because only union members can vote to authorize a strike, union leadership can leverage strike votes to petition – or pressure – non-union members to join the movement. The Los Angeles union reports adding over 1,000 members during their strike vote. The Denver union reports adding 250 of its 3,800 members during its authorization vote.