School & District Management

MAP: Where School Employees Can and Can’t Strike

37 States Prohibit Public Sector Strikes
By Mark Lieberman — March 16, 2023 2 min read
Amy Chapman and her daughter, first grader Corinne Anderson, pose for a photo while they support teachers on strike outside Whetstone High School in Columbus, Ohio, on Wednesday, Aug. 24, 2022.
  • Save to favorites
  • Print

More than 30,000 school workers in the Los Angeles Unified School District are poised to strike for three days next week, and roughly 35,000 teachers and other workers in another union have vowed to join them. That action would shut down schools for the district’s more than 400,000 students.

But millions of public school employees elsewhere in the country are legally prohibited from doing the same.

Labor unions, including the ones that represent teachers and others who work in schools, use strikes or work stoppages to draw attention to working conditions they believe are untenable. In Los Angeles Unified, cafeteria workers, instructional aides, custodians, and other school workers are demanding a 30 percent pay raise, arguing that their average annual salary of $25,000 is woefully insufficient.

But in 37 states, what the Los Angeles employees plan to do would be illegal, due to laws that ban public sector strikes. Penalties for breaking these laws include fines, termination, and even jail time.

Education researcher Melissa Arnold Lyon has compiled a list of states prohibiting public employee strikes, drawing on federal and state sources and existing research. The list includes some states with a history of political and popular support for labor.

These state laws don’t always prevent strikes from taking place.

In 2021, more than a dozen bus drivers in the Greenville, Miss., schools stopped working for two days to argue for pay raises, even though state law has explicitly banned school workers from striking in the state since 1985. Lawmakers enacted that measure after nearly 10,000 teachers defied a court order and went on strike earlier that year; some strikers even briefly landed in jail.

In 2018, thousands of West Virginia teachers walked out to demand higher wages even though the state prohibits public employee strikes. That burst of activism helped spur the “Red for Ed” movement, inspiring labor actions among teachers in other states.

Most workers see strikes as an undesirable last resort after they fail to make progress with other forms of negotiating. But some want the option they don’t currently have. Lawmakers in at least one state, Massachusetts, are currently considering a bill that would loosen the ban on K-12 school strikes. Teachers in at least five districts there have gone on strike in the last year.

Strikes have taken in place in at least six K-12 school districts this year, including three in states where strikes are illegal, according to the Labor Action Tracker from the Cornell University School of Industrial and Labor Relations. In Hastings, Minn., 35 school cafeteria workers have been on strike for nearly a month and a half.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Absenteeism Webinar
Attendance Isn't an Attendance Problem
Boost attendance by strengthening relationships, belonging, and support with practical strategies from Doug Fisher & Nancy Frey.
Content provided by Corwin
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Classroom Technology Webinar
Screen Time and AI: An Evidence Playbook for School Leaders
Get a clearer picture of the current policy landscape, a framework for evaluating new tools, plus language to use in the next board meeting.
Content provided by Instructure
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
The Principal's Role in Collective Efficacy and Student Outcomes
Learn practical strategies that help principals translate their confidence into stronger collective teacher efficacy and student outcomes.
Content provided by Otus

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School & District Management How the Superintendency Is Changing, in 5 Charts
New data shows a trend reversal in superintendent turnover rates.
5 min read
Image of adults going back in the workforce.
Collage by Laura Baker/Education Week
School & District Management Building Problems Forced Students to Lose 3.5 Million Days of Learning in 2024-25
Schools called off class for 2 million students that year due to plumbing emergencies and other problems.
5 min read
HOUSTON, TEXAS - JUNE 26: Broken water fountains are shown at Key Middle School on Wednesday, June 26, 2024 in Houston. School leaders showed some of the infrastructure problems in their buildings that would be addressed in a likely vote on the Houston ISD school bond in November.
Broken water fountains are shown at Key Middle School on June 26, 2024, in Houston. A fifth of school districts had to call off classes during the 2024-25 school year due to facility problems, including plumbing emergencies and excessive heat and cold.
Brett Coomer/Houston Chronicle via Getty Images
School & District Management How Can Principals Protect Teachers From Aggressive Behavior? Teachers Sound Off
Teachers say they need more support to handle angry parents and unruly students.
1 min read
Image of a female being shielded by a large vivid red umbrella.
Collage by Laura Baker/Education Week + Getty
School & District Management Opinion Teacher Observations Shouldn’t Feel Like Babysitting
Fidelity checks are a necessary part of school leadership. Here’s how to get them right.
Bridget Farr
5 min read
Collaged illustration. Principal observing classrooms for fidelity to curriculum. Teacher observations, stepped approach, feedback.
Vanessa Solis/Education Week + Getty