Can Public School Teachers Continue to Teach During a Strike?

Yes, learn more about your rights as a teacher that union officials often don’t tell you.

Live CEAFU Lunch Break Today at Noon: Know Your Rights When Your Teachers’ Union Bosses Call a Strike

Public School Teacher Question: What if I want to work during a teacher union boss called strike?

Answer: Several states consider strikes by public employees illegal. In such states, you may have to work during a strike to avoid legal penalties. To work during a strike without facing union discipline, you must not be a union member. Courts have often upheld unions’ right to discipline their members, including imposing fines and suing to enforce payment. To avoid such consequences, you should not remain a union member and cross the picket line. However, if the strike is illegal, after legally challenging the fine, courts are likely to rule that the union cannot lawfully fine members who obey the law and continue working.

Important Considerations:

• Personal Decision: Whether to work during a strike is a personal decision and not the Foundation’s business. Your rights to strike or not depend on your state’s laws.
• Union Fines: If public employees can strike lawfully in your state, and you don’t resign from the union before working, you may be fined. Fines are typically enforced based on the union’s constitution and bylaws.
• Resignation: If public employee strikes are legal in your state, resigning from union membership can prevent fines. Ensure you resign before crossing the picket line to avoid fines. The union must represent you fairly in bargaining and grievances even if you’re not a member.

Actions:

• Resigning: If planning to work during a strike, resign from the union first. Send a resignation letter by fax or certified mail, or hand-deliver it with a witness. Click here for a sample resignation letter on the National Right Work Legal Defense Foundation’s website.
• Avoiding Fines: If the strike is legal in your state, resignation ensures you cannot lawfully be fined. Unions cannot prevent you from resigning during a strike.
• Handling Union Charges: If fined for working before resignation, present proof of your resignation to dismiss charges. Consult an experienced attorney for defense strategies or contact the National Right Work Legal Defense Foundation for free legal help.

Legal Context:

• Union Constitution: Courts generally uphold that you cannot be fined for anything done post-resignation.
• Collective Bargaining Agreement: Under the Janus Decision, requiring union membership to keep your job has been ruled unconstitutional.
• Rights Loss: Resigning may mean losing union-specific rights like voting on internal union matters, but you do retain union representation rights in bargaining and grievances.
• Rejoining the Union: Unions may not allow to rejoin after resignation.

Protection from Harassment:

• Low Profile: Maintain cordial relationships with fellow workers and avoid zealots.
• Close Contact: Keep in touch with other employees working during the strike for support.
• Documenting Issues: Use Caller-ID, keep a diary of threats, and photograph your property to document any harassment or violence. Report incidents to your employer and the police.

Assistance:

• Foundation Help: Notify the National Right Work Legal Defense Foundation if you face union violence or need legal help. Call or fill out this form to request assistance from Foundation attorneys.