Monday, December 20, 2010

F-7. Strikes

The National Education Association denounces the practice of keeping schools open during a strike.

The Association believes that when a picket line is established by the authorized bargaining unit, crossing it, whether physically or electronically, is strikebreaking and jeopardizes the welfare of education employees and the educational process.
The Association also believes that the chances of reaching voluntary agreement in good faith are reduced when one party to the negotiation process possesses the power to use the courts unilaterally against the other party.

The Association recommends that several procedures be used in resolution of impasse—such as mediation, fact finding, binding arbitration, political action, and strike—if conditions make it impossible to provide quality education. In the event of a strike by education employees, extracurricular and cocurricular activities must cease.

Appropriate teacher preparation institutions should be notified that a strike is being conducted and urged not to cooperate in emergency licensing or placement practices that constitute strikebreaking. The Association condemns denial of credits to students working in the school for credit as part of a teacher preparation or credential program who have honored a work stoppage. In the event of a strike at the school of placement, affiliates should work with colleges and universities of both student teachers and students in field placements to ensure that those students honoring the work stoppage will receive credit for previous service and assignments, and be provided an opportunity for a comparable alternative placement in order to complete all remaining preservice requirements.

The Association also condemns the use of ex parte injunction, jailing, setting of excessive bail, fines, firing of members, community service in lieu of other penalties, decertification of an organization as the bargaining agent, loss of association rights, and revocation or suspension of tenure, licensure, and retirement benefits in school work stoppages.

The Association urges enactment and enforcement of statutes guaranteeing the rights of education employees when a work stoppage occurs, including the right to present their case to the state or courts, before back-to-work orders are issued.

The Association also urges its affiliates to establish practices and procedures to supply financial and emotional support as well as external and internal publicity for any local engaged in a strike. (1969, 2008)

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