Attorney general says teachers have no right to strike

SEATTLE – Public school teachers have no right to strike in Washington, but state law imposes no penalties for such walkouts, the state attorney general said this week.

Attorney General Rob McKenna clarified the issue in response to a request from state Rep. Toby Nixon, R-Kirkland, who is sponsoring a bill that would establish penalties for teachers’ strikes.

Charles Hasse, president of the Washington Education Association, respectfully disagreed with McKenna and said neither the Legislature nor state courts has ever established a definitive rule concerning teachers’ strikes.

In his opinion, McKenna mentioned several state laws prohibiting public employee strikes but Hasse, whose organization represents K-12 teachers statewide, said each of those laws specifically targets a certain kind of state employee, such as police or firefighters, and K-12 teachers have never been mentioned in anti-strike laws.

“It just seems to us that people do have a right to collectively withhold their labor in the absence of a fair agreement. The Legislature repeatedly has chosen not to directly address the issue in the law,” Hasse said Wednesday.

Nixon, who received the opinion Wednesday afternoon, said he appreciated the attorney general’s opinion because he shared the opinion that teachers should not be allowed to strike because they play such a vital role.

“We don’t let police go on strike or the firefighters … our schools are just as important to our community and our economy,” Nixon said.

Alex Bohler, a labor policy analyst with the conservative Evergreen Freedom Foundation, applauded the decision, saying, “This AGO (attorney general opinion) should make it clear that when unions pressure teachers to strike, they are pressuring them to break the law.”

The last teachers’ strike in Washington was three years ago in Marysville and Hasse said he sees no strikes on the horizon. A bill similar to Nixon’s proposal was discussed in the Legislature right after the Marysville strike but did not become law. Hasse remembered similar bills being discussed about four other times over the past 30 years.

In the opinion, McKenna said the Legislature could legally outlaw teachers’ strikes and establish penalties for such actions. He added, however, that state courts already have the power to punish strikers who ignore an injunction against a strike.

McKenna cautioned against legislation that would prohibit advocating for the right to strike, on First Amendment grounds.

Nixon said he didn’t expect his strike penalty bill, HB2808, to get a hearing in the House Commerce and Labor Committee this year.

The bill would specifically prohibit strikes by educational employees and would establish maximum penalties of $10,000 for each day an employee organization does not comply with a court order not to strike.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Hundreds rally against Trump on Presidents Day in Everett

People lined Broadway with signs and flags, similar to other protests across the country

Alina Langbehn, 6, center, and Vera A., 6, right, sit on a swing together at Drew Nielsen Neighborhood Park after school on Tuesday, Jan. 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett council votes to renovate Drew Nielsen Park

Construction on the $345,000 upgrade could start as early as this fall.

Northshore School District bus driver Stewart O’Leary pictured next to his buses shattered drivers side windshield on Friday, Feb. 14, 2025 in Bothell, Washington. (Olivia Vanni / The Herald)
‘Put me in, coach’: Bus driver back at work after struck by metal bar

Stewart O’Leary, a Northshore employee, has received national attention for his composure during a frightening bus trip.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Lynnwood councilor Joshua Binda speaks during a Lynnwood City Council meeting on Wednesday, Nov. 20, 2024. (Olivia Vanni / The Herald)
Does the Lynnwood Council VP live in Lynnwood? It’s hard to say.

Josh Binda’s residency has been called into question following an eviction and FEC filings listing an Everett address. He insists he lives in Lynnwood.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

An American Robin picks a berry from a holly tree on Thursday, Feb. 13, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Calling all birders for the annual Great Backyard Bird Count

The Audubon Society will hold its 28th annual Great Backyard… Continue reading

A view of one of the potential locations of the new Aquasox stadium on Monday, Feb. 26, 2024 in Everett, Washington. The site sits between Hewitt Avenue, Broadway, Pacific Avenue and the railroad. (Olivia Vanni / The Herald)
Initial prep work for AquaSox stadium to start, with $200k price tag

The temporary agreement allows some surveying and design work as the city negotiates contracts with designers and builders.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.