There’s a push to give teachers (and other public employees) the right to strike in Mass. What to know. (2023)

FAQs

Why should teachers have the right to strike? ›

Without the right to strike, unions cannot represent their members effectively and education will suffer in competition with other interest groups.

There is no federal law giving public-sector workers the right to strike, but a dozen states have enacted laws giving public-sector workers certain strike rights, including Alaska, California, Colorado, Hawaii, Illinois, Louisiana, Minnesota, Montana, Ohio, Oregon, Pennsylvania, and Vermont.

Section 9A(a) of the Law prohibits public employees and employee organizations from striking or inducing, encouraging, or condoning a work stoppage by public employees.

An employee who wants to work instead of strike has the legal right to: Cross their own union's picket line but not another union's picket line.

The right to strike would enable fairer negotiations between public workers and the government. All of us have reason to support that outcome. Research shows that union negotiations set the bar for working conditions with other employers.

Massachusetts is one of dozens of states where public employees and public employee organizations are prohibited from striking, and advocates for years have been unsuccessful at convincing a critical mass of lawmakers to support changing the status quo.

The right to strike is limited in the public sector because it is not regulated by the National Labor Relations Act and states have different laws surrounding strikes. In federal law there is only a right to engage in collective bargaining.

The prohibition of the public sector strikes is due to the fact that they do not coincide with the proper government functioning.

The legislation expanded the number of felonies that can result in life-without-parole sentences and, harshly, mandates that anyone who is convicted of a third-offense violent felony must serve the full maximum prison sentence for that crime without the potential for parole; in many cases, this means life in prison for ...

What is the Massachusetts 3 strike law? ›

The “Three Strikes” law states that a person shall get a strike on their criminal record if they are convicted of a serious violent felony in a federal court of law. According to the statute, the following acts are serious violent felonies: Murder or manslaughter. Rape.

Under Massachusetts Law, strikers are entitled to unemployment benefits (which has medical insurance benefits now), unless the strike is deemed to have a substantial impact on production/services. Strikers are disqualified from unemployment benefits only when a strike is causing a stoppage of services.

Employees who go on strike will not usually get their pay or other contractual benefits like pension contributions. In some circumstances, they might get money from their union. This is sometimes called strike pay.

Under the National Labor Relations Act you have a right to strike as well as a right not to strike. If the employer continues to operate during the strike, you need to decide what to do based on your own needs. Don't let anyone coerce you one way or the other.

Under California law, the Public Employees Relations Board (PERB) adjudicates claims of Unfair Labor Practices Unions and can impose financial and legal penalties. Workers are also allowed to strike over ULPs in order to protest their employer's labor law violations.

EFFECTS ON EMPLOYEES

Striking Employees that belong to a union are under obligation to strike when the union determines. They could be at risk of losing not only wages but benefits such as medical aid insurance, sick and holiday pay if the strike drags on for an extended period of time.

A strike may consist of workers refusing to attend work or picketing outside the workplace to prevent or dissuade people from working in their place or conducting business with their employer. Less frequently workers may occupy the workplace, but refuse either to do their jobs or to leave.

A strike may be unlawful because an object, or purpose, of the strike is unlawful. A strike in support of a union unfair labor practice, or one that would cause an employer to commit an unfair labor practice, may be a strike for an unlawful object.

Legality. The legality of teacher strikes vary from state to state. Collective bargaining by public sector employees and therefore teachers is explicitly illegal in Georgia, North Carolina, South Carolina, Texas, and Virginia. 12 states have explicitly stated that teacher strikes are legal.

Tenured public school teachers have legal protection from arbitrary dismissal in most states. His classroom was always a laugh riot. A whole lot of students were crying that day because he was an amazing guy. A teacher CAN get fired for routinely yelling at elementary and high school students.

What is the conflict of interest Law in Massachusetts for teachers? ›

Gifts: Public employees, including teachers, are prohibited by Sections 3 and 23(b)(2) of the conflict of interest law from accepting gifts worth $50 or more that are given to them because of the position they hold, or because of some action they could take or have taken in their position.

This means the union must discuss the matter in good faith with the employer and explain its objections. Nothing in the NLRA, however, requires a union to agree to a no-strike clause. Moreover, because a no-strike clause is a mandatory subject of bargaining, the union may strike to keep it out of the contract.

A strike is legal if it does not violate any provision of the statute. It cannot be said to be unjustified unless the reasons for it are entirely perverse or unreasonable. Whether particular strike is justified or not is a question of fact, which has to be judged in the light of the fact and circumstances of each case.

"As long as the industrial action is lawful, non-union members are allowed to go on strike and remain protected from dismissal," she says.

An unprotected strike, as the name suggests, does not enjoy the same protection and regulations that protect the employee as a protected strike. An Employer may find that an employee who participated in an unprotected strike actions to amount to serious misconduct which may result in dismissal from the company.

Throughout the country's history, American workers in a variety of fields have held strikes demanding higher pay, more manageable work hours, better contracts and benefits, and improved working conditions.

Employers must react to these strikes carefully since a careless move could lead to further problems, and strikes can often escalate to violence if an employer reacts negatively. Therefore, the employer must pay attention to the workers' requests and pick the best course of action after consulting with their team.

The Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of a violent or serious felony, and limits the ability of these offenders to receive a punishment other than a prison sentence.

There are some exceptions to the Three Strikes Law. If a person is convicted of a non-violent felony and has two priors for nonviolent felonies, they may not be subject to the 25-year-to-life sentence. Additionally, juvenile offenders are sometimes not subject to the law.

What happened to 3 strikes law? ›

The law was put in place in 1994 but has been amended since then. In 2012, voters in California passed Proposition 36, which stated that the Three Strikes Law punishes only felons with a third conviction of serious or violent felonies. Although this seems very similar to the penal code, it allows for some exceptions.

In 1994, California legislators and voters approved a major change in the state's criminal sentencing law, (commonly known as Three Strikes and You're Out).

Under the federal "Three Strikes" provision, which is now codified at 18 U.S.C. § 3559(c), the defendant receives mandatory life imprisonment if he or she: is convicted in federal court of a "serious violent felony" and.

Georgia, South Carolina and Tennessee are the only states in the United States to date that have "two strikes" laws for the most serious violent crimes, such as murder, rape, serious cases of robbery, etc.

Make sure that the strike is indeed over and that it is OK for you to return to work. If you cross the picket line, thinking the strike is over when it's not, you may incur fines -- and worse, harassment by other strikers -- for doing so.

Section 7 of the Act states in part, “Employees shall have the right. . . to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Strikes are included among the concerted activities protected for employees by this section.

Who is not eligible. You may not be eligible for Unemployment Insurance (UI) benefits if your only source of employment is from working as: An employee of a non-profit or religious organization. A worker trainee in a program run by a nonprofit or public institution.

Strike pays the lowest earners $19,000 a year, while the top 10 percent are paid over $52,000. The department you work in can have an impact on your salary as well.

You will receive your final pay check for the last pay period including any overtime you worked, minus the days you are on strike. You cannot collect unemployment. If any strike lasts longer than five days, you will receive a union strike cash benefit to be determined by the International Union (OPEIU).

All payments appear in your Strikepay account instantly and withdrawal to your own bank account is available daily - a win-win!

How much is UAW strike pay? ›

Today, the UAW International Executive Board unanimously approved increasing strike pay from $400 to $500 per week. This increase reflects the effects of continuing inflation as well as the need for our union to prepare for an important bargaining year affecting multiple sectors and employers.

The largest strike in U.S. history was the Steel Strike of 1959, which lasted 116 days between July and November of 1959. The strike involved half a million workers and members of the United Steelworks of America union due to a dispute over wages and changes to workplace rules.

Union members can be disciplined by their union for crossing a picket line but unions may not discipline members if refusing to cross a picket line clearly violates the no-strike clause of the contract the covers the member in question. National Labor Relations Act Section 7 codified at 29 U.S.C. §157.

An employer who dismissed a number of employees for the same or similar reasons has offered to re-employ one or more of them but has refused to re-employ another. An employee terminated employment with or without notice because the employer made continued employment intolerable for the employee.

strike - where workers refuse to work for the employer.

But unlike private sector employees, public school teachers have no federal rights to collective bargaining or to strike. Any such protections are matters of state law, subject to change.

Depends on state law. Some states have granted teachers a limited right to strike; most, however, prohibit strikes.

For educators, collective bargaining rights mean they can negotiate fair pay and benefits, including health care, pensions, and paid leave, as well as improved working and learning conditions.

Texas Law. This statute prohibits public employees from engaging in strikes or organized work stoppage against the state. This statute restricts a public employee's ability to engage in collective bargaining.

In what states is it illegal for teachers to strike? ›

Legality. The legality of teacher strikes vary from state to state. Collective bargaining by public sector employees and therefore teachers is explicitly illegal in Georgia, North Carolina, South Carolina, Texas, and Virginia. 12 states have explicitly stated that teacher strikes are legal.

Teachers are protected from certain harms under the Equal Protection Clause of the Fourteenth Amendment of the Constitution. Teachers have the right to be free from discrimination based on race, sex, and national origin -- as well as freedom of expression, academics, privacy, and religion.

Legal Support for Teachers

Teachers' unions provide legal advice as well as representation in a variety of situations. For example, teachers' unions provide legal representation to teachers who become involved in some sort of lawsuit arising from the course of their employment.

Section 7 of the National Labor Relations Act states in part, “Employees shall have the right. . . to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Strikes are included among the concerted activities protected for employees by this section.

The 3-Strike Method for Discipling Children. Basically, a strike is a verbal warning for bad behavior. Every day, each child is allowed three strikes, or three verbal warnings before they lose a privilege.

A teacher has the right to engage, directly or indirectly, in legitimate income generation; provided that it does not relate to or adversely affect his work as a teacher.

the State of California. In this case, attorneys representing public school students argued that union negotiated work rules harmed their ability to receive a quality education. In particular, they questioned rules governing tenure (too soon), dismissals (too hard), and layoffs (based on seniority instead of merit).

The positive union effect on teacher stress may be driven by unions' role as “teacher voice.” Teachers' unions provide more supportive leadership relationships, improved school climate, advocacy for professional development, and increased teacher morale.

Many critics of unions believe that collective bargaining has created a tangled web of rules that keep public schools from being able to respond to the changing needs of students and that the bargaining process has influenced public education more than any other factor.

Texas' status as a “right-to-work” state means union membership isn't compulsory — not illegal. That said, Texas is one of only a handful of states that denies collective bargaining to public employees. So our employment contracts generally are dictated to us by our local school boards.

How can a union strike? ›

While Texas and the rest of the country have dealt with teacher shortages for years, the pandemic exacerbated them. Shifting requirements on masking and the closure then reopening of schools have taken a toll on teachers.