SHOULD YOUR T'EACHE STRIKE?

or your MAlLMAN!~ ( SANITATION MAN!
POUCEMAN? FIREMAN? .

. ,"_ ,:; . -_...
• . ,...

~

....... .. .
.'
.".;"

'!,

~•

MAY, 1970

..
'

,

A-I

A. teaching unit on rights of pubHc employees

Introduction
Neerly one of every sle workers in tbe United. SIa.tes (odoy I, tmployed dlr«!Iy by the government.

You know mnny of them. Teachers,
principals, (,llSEodiails, .aod other educaIional workers make up the biggest chunk. Leave your school and you find . mO~~ the pctleemae on tbe comer beat, a census taku, a dtrk at 'h~ post office, your mailman, u fireman, It museum guide, B nunc, D sociaJ wodel', the lireguard af fhe b ••• h. Altogether, thor. are 12.5 mnlton public workers in the country. out a total work reree or just our 80 mIWoD" ID most respects, taey'ee like aU the ether workers in .he U.s.-they perfonn uscful servlces or provide necessary preducts, thll:Y get paid fo1' thel', work, Dnd they bave bosses.

or

ers newspapers, scholarly studies, and television i nterviews, as. well as our own experience' in our ctassrocm-c-tbat (here exists u great deal of misinformation. prejudice, and ouulgh: hoslility concerning the urganization of' workers into unions and their subsequent coltcctlve action to improve their 101. Why this should be: so is not the: immediate subject of this teaching unit. That the negative attitudes CXiSl, however. and that the hositility seems greater toward workers in the public sector (garbage COIlec.COfS, municipal bus drivers, post. men, teachers) When their actions necessitate a slowdown or interruption of services than when workers in the private sector do the same thing, should be known to every teacher. He can tben begin to prepare himsel f to deal with it and attempt to dissipate the hostility and correct the misinformaticn.

or

LADOR-HISroRY
We cially

UNIT

But in one major respect, they're dIf·
Ierent, They 'USIUIUy can't bargain for wages and working conditions In the same way that privately ernplcyed W'oTkers can, a:nd they almost never han the legal right 10 strfk•• This teaching unit examines the rights of public workers. It was conceived during wbnt 1'110$1: u'rtain~y has been the greatesl upsurge of militancy among public ~orke.rs in .he notloo's history. In the past several months, the city of San Francisco was virtually shut down by publlc~mployees' strikes, tht air traffic controllers' actions lKriously curtailed transportatlon, man was delayed by postal strikes, and, of ICOUrSt, ceaeber strikes continued unabnled. The past few months hnve also seen dstng reaction by governOl.n~ AFf P res ldenl D av ld Solden and 200 teaebees in Newark, NJ., all of whcm violated nn ex parte annstrike injuudion, were sentenced to up 1,0 sis: months in prison. The federal govemmenl caned out troops 10 keep . lb. p0>1 ollie.. functioning. Congressmen readed .0 a threatened walkout by District of Columbia teachers by postponing action 0111 a teacher-pay bill. Air b-affic c:ontroUr-_fS weee summoned to court fur contempt proceedings. Threats have- been made to fire the firemen. This t ea ching unil-jltepared by mbor historian WlII Scoggins al tho AFT. request--ougM It) coplt,olize on Ihe Interest aroused by all these recent events, and promote dOB discussions on the rights or public workers. It £s nol 11 one .. sided presenteucn, nor b H D programmed, here's-hew-to-do-lt, readymade plnn thn! you can take Jn10 YOUf eloss and litart using Immedlately_ It requires that you do some .readjllg~ SOme homewerk, and some creative lesson planning of your own. It is divided into three suggested lessons, preceded by an overview. Each lesson hos Us own goals, !liLiggestions for class disC'us'!dollS, and - some proposed nctlvities. You may wish to lnb"oduce the unit by dlsstding a recent !enchcrs' strike in yOW' district or a nearby dis~rict. or by talking about the posta.1 strikes or other mikes or V.bUe wo:rketS thai huve d[redly aifecled your studenls. However you use we~d like to beal' from yoP. How did ,.ou build on thl'i unil? lIow did your students respond? Lei us know. 'Ve'll share lhemosC interesting experiences with American Teacher readers in D future Issue. And, if you'd like more- coptes of thJs tH.C_bing unit to share with pon·AFT members. please write to us. We'll be ll11ppy 10 send you more.

assume that the teacher-c-espea eeacber of social studies-c-already presents a relatively comprehensive unit on the over-all subject of labormanagement history and of the protagonists' relations with each other. Such a unit stresses the changes in the nature of employment resulting from the industrial revolution and the organization of capital within the corporate srructure into larger and larger units to defend its interests within the economy. The teacher need not shrink from the clearly documented violence of Ihe clash betwe-en labor and management .hat marks milch of Amc:rlC11n hlllOtory from 1870 10 1940. An.r a.U, II is nuthing short of ilIus1.on 10 betleve thaI the inkrcsts o( 11le contesting groups are the same, or OH'essnriJy even romplementary, The adversary relatioOIShip dces exist. However, 1he teucher mlgbt be wl.se, e-speciaJly given the tre2tmcnt of most U.s. history 4extbooks concerning thIs·violence, 10 demenserare Ihat Ihe collision of lot eres ts was only a pm of Ihe over ..all working-1>ut of the concept of Industrial democreey, the rigb~. of workers to the profH.fion of .helr UVItS and skills, and a way of guaranlHing them as well as their employers an adequate share of the wealth that they, jointly, have created, The teacher might 11150 present a more comprehensive treatment than is. found 111most textbooks or the importance of the three major federal EaW5 governing [he maturing relaticnship between labor and management. The Wagner Act (1935), the Taft-Hartley Act (1947). and the Landrum-Griffin Act (1959) have spelled out in detail the rights as well as respcnsibiliues of the contestants and have provided the machinery whereby the overwhelming majority of conflicts can be resolved peacefully.

workers In privute industry. ,It forbade courts to issue injunctions for a number o( union actions. Including work

stoppages.

be issued, a hearing would have to be held in open court and the finding would have to be that unlawful acts had been threatened and would be committed, (hat substantial and irreparable damage to property would occur for which there Was no adequate remedy at law, or that public officers were unable or unwilling to protect private property.

Belore an inluncticn

could

sacrifice of Che rights of the peopte, or a lLollIsJOD wUh the "public hderts1!" As sticky as this logic may appear, the events of history continue, and the facts and figures accumulate. If the 1930. was 'he decade of the blue-collar worker. thea the just-completed 1960. was certainly that of the public employee. At the federal, state, and local levels of government) employees are in fact organizing, engaging in negotiations, and voicing grievances against. their employers.

'NO PLACE' FOR MlLITANCY?
nut what happens when. happens not to be employed the worker

The American
County.

corpcration,

·by a private but by • public agency-

AFL-CIO,
American

'Federation of Stale. and Municipal Employees, bas 373,000 members, The Federation of Government

COLLECTIVE

JlARGAINING

it.

Overview
UACKGROUND
11 is ,3 matter polls, newspapers

The most important method, and one that ajthough no longer unique to America was an American innovation, is that of collective bargaining. The Labor-Management Relations Act as. amended define. it simply: (Sec. B ~) "To bargain collectively is the performance of the mutual cbligation of the employer and the representative the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment." A whole course of study might be constructed On the implications of this definition alonel However, we are dealing in this proposed unit of instruction with a. more sophisticated problem. During eig.hlY years of collective action, and finally of law, the relationship between labor and private employers has been worked cut fairly explicitly.

n government, federal, stale. or local, or a school board? President Franklin D. Roosevelt gave his answer thusly in 1937: liThe process collective bargainiog, as usually understood, cannot be transplanted into the public service. . . . The: employer is the whole people who speak by means of 'laws enacted by their representatives in Congress. ... Particularly. I want to emphasize my conviction that militant tactics have no place in the: functions of any organization of government employees."

or

Employees, AFL-CIO, has 263.000. The two large postal unions, both affiliated with (he: AFl-CIO, have a combined
membership of over 300,000 and have only recently demonstrated (heir militancy. In short, these workers are beginning to act just like all other em-

ployees. HALF IN EDUCAll0N
And the figures of growth are almost staggering. Today, approximately one out. of every six nonagrlcuftural emplcyees is on the public payroll. By 1975. by current growth predictions. 15 million people will work for some kind of go .... crnrnent with the preponderance

or

Moreover, Congress purposely exeluded federal employees from coverage under the Wagner Act of 1935 and the Taft-Hartley Act of 1947. Furthermore, Public Law 330 of 1955 makes it a felony for federal employees to strike or even assert the right to strike. The tssce nUs<d ben is tht age-old of the soyereil)Dty of the state, or more precisely, of the gOl'emment. It bas boon asserted tbnI sovereignty, In pr.lcdce, finds .. pression in the pt'OUSS<S 01 "'''''ill!: doclsions accompanied by authority, decisions regarded as binding OR the community aod ultimately enreeeeebte. Wonld not the- extension or n~g{Jtb.bI.. rigbts to employees of the 5OY<Rign th ... by diminish ",v.rrignly Itself] And since, tbeoretl£nlly, In Ii democradc sta,(e the SDvHc,lgnty rests ultim.:ately wUh Lbe: pcopl,e, then would Dot the exteuslcn of those rights result in D
O~

of growth continuing

at the state and

local levels. Between 1955 and 1965. state and local' government employment increased by 65 percent. while federal employment showed only a r j-percem gain. And, very Important, about helf of all state and local government employees work in education!

FOR TEACHERS
of public record-via and letters from read-

A DIFFERENT
The Norris.·LaGunrdia guaranteed freedom, of

STORY
Act -of

organization

] 932 10

What shall be the relationship of .11 these millions of people with the sovereigo, their employer? The answer at present i. muddy aDd will probably ncr become completely clear for some time. It must be pointed out that sovereignty itself is not necessarily something abSITQ-CUy fixed in a permanent place. Kings, as sovereigns, once ruled by divine right. No longer, at least in western, countries.

A-2

AMERICAN TEACHER

Do public workers have to stay on the job despite 'intolerable and dangerous' conditions?
1P!!.t1u of cDDsiduabJe surpdseto me, We bave re.cenlty been bll'ol,ved in miUtUJt acllon: $Wd I would have been proud to go to prison hod it been necessary, but fortunafely' our law Is mOte Irberaf."

HlSTORlCAL BACKGROUND The first recorded strike occurred about 1170 B.C., when work." at the Necropolis in Thebes walked off their jobs because the government of Egypt
bad not paid them they were public in two months, (Note employees.) And on
I

April 13, 1910, the United Teachers o[ los Angeles struck because of tbe lcng
list of unresclved grievances the poor stare of educational that city and state, If, would government strike-s-but appear) the-n, that lnvrnving aff:lin in a dilemma

is at-hand, As stated earlier, the federal
prohibits Its employees to they strike, Most slates also

prohibit the strike-ethe people strike. The dilemma has been phrased very .. ell
by Heisel! and Hallihan in Questions and

Answ.... on. Public Employee NegDtia. lion. "Hom No. 'I: Some pubUc:senice:s are: so v,ita] to the immedIate safety of
the ehtzenry tblll a strike is untblnk.able. public or

'"Horn No.2:

GiVeilsufticiu.,tstimli.

IUS; any group 01 employees,

priva1e, essential or no,tlessenUal, with or .. lIbo_t the legal rlghl 10 strike, ~
!i'trike."'

an

The stot. itsell, as .. on by Hegel as IOTgHUIt whole, a Jjv[ng.. brenthIDg,
thing,. 'is .now under

ice Commission, tho Secretary 01 Labor,
arid officials from the President's exccurive office, named the FeduaJ. Labor Re, latiolU- Couccll, will administer the pro-

tntenslve scrutlay, Sonre-l,gnty, then, may no longer be (ol1si-de-rll!d as $I; "'ghostly 1hlng,"" but, as J) proceD. Political Scientis1 AD .. dre-w Hackel' has defined It as, "the interaetion or >pecllitt! .IDdl.ldual! and In. stitutions [I,cconUng 10 specified rules of procedure •.• " The P,ro4!CSS of sever-

pulsating

gram, The Assbtanl Secretary o( LQbor
for Lubor-'Milnagettnmt R-e1.i!tiOD$ is given additional power, such as authority 10 supervise the required secret-ballot elections and to determine the n:cognized unit. A Federal Seryice Impasse Panel Is also established. It has authority to settle Impasses in contract negotiation iI other means fail. Tbe exelusive represenrsuve wlU have the some negotiating rig,bt5 J1!i under the ,Kennedy ordel;" (Inlport.an1Jy, [Q;ttters de-tlt'llDint!d by Congress are !rtIII udlJd'w from, the negotiatJons,. e.g., pay, hours, Iran:). In addition, ~\ new form of recognition has been created; national consultation rights. This designation will go to organizations that represent. a "substantial" number of employees in an agency, but will not apply where, an organization already holds exclusive recognirinn at the national feve~. So, with an increasingly elaborate fedcral system of negotiation, and with ] B states having laws requlring the public employer to bargain with at re:lsl some state or local government employees, it would appear thnt the question of public employees' rights to organize and. bargain in their own interest would be settled. NOI so. There arc still many restrictions On their rights 10 do so. The questlcn the "public interest" is still open to interpretation between the: two contestants and frequently results In the public agency being able 10 obtain a court injunction 10 make' sure thai its partlcular service is not interrupted.

court said, presented no such danger. Few other states, however, have moved as far as Mlcbipn in [his regard, although public opinion appears to be; growing increasingly favorable.

Jt has been charged that enjoinrnenr of' a pubtic-emplayee strike. such as a
teacher strike, has 'the eflecr of forcing workers 10 slay en the job despite what may be intolerable and dangerous condlricns. Teachers in Newark, N.J., for example, were driven to the last resort of striking early in L970. The court issued an e:xparte injuncrlon, which mC'<U):J_ only one sldll!' p~l:"$Cn.tcd tts C'U4!' (1) the .udge~ and the result was that 192 teachers were sentenced to jail terms and fines for not going back to work. The iu] unction incl uded penalties against "aiding and abetting" the strikers, so that AFT President David Selden, Who walked on. a picket line, was sentenced 10 three rnonths in. jail for contempt of

It would appear obvious, then, that 10 legislate against strikes is only to pro ...ide punuive tools after- the strike has taken place. tools that mayor may not be usebte. (Can ODe: conceive of arresting 22~OOO Los Angeles teachersf More pertinent, it seems to USt wouJd be adequate machinery to solve grievances so that the strike would become less

necessary'MORE CONSClENTIOUS'
It is noteworthy that. public employees often seesn more coascieetious about profeselonal standards than inc their employers, Social workers have struck 10 have tbejr cascloads reduced 10 tbilo'l they can more effectively service their

e[gnly, lhere!oyc,is

more concerned

with how Jaws are passed I.ban. wIth what th~y S.By." Herewith, .sovHeJg:uty becomes lIe:dbler Dot find:; B.Qd D real, not abstmci, re~atioru;hip.

This. whole

knony

issue. was

given.
John

signjfjcant clarification by President F. Kennedy's Executive, Order order was to ::ipclJ out

]0988, of Jan. 17, 1962. The impetus of the
cond itions of

clients. NUrses and hospital attendants have struck to have more people employed in order to bener care ror their patients. And, certainly, one of the major demands of the Los Angeles teach-

recognition of employee in the federal service, FEDERAL

organizations

POLJC[ES

Prior 10 196Z, unions existed in federal emplnyment, but nobody knew what
nod obligalions they had. Execu.rive Order 10988 filled thai gap and also pointed cut to unions and management III the ssnte and local levels that regulatory machinery could be mutually helpfut II not only spelled out a clear-cut policy on. the right of employees 10 organ~le, 10 have their organizations accorded official recognition, but il provided for consuhaticn in the establishmcnr or personnel policies and procedures and, under specified conditions, for negutiated agreements with agency managemem on working conditions. FOUowlng the It-Qd of Peestdent Ken .. nedy, by mid-1969t 19 stales had I1Uthorbed by_ law some rcrm of ccuecnve ba_fgaining with stalt: or municipal empfoyees, Dr ,",Ih. And 1,200,000 f.d.",l employees hod exclusive :r£'presclI.liti,..~ in some 1,800 unhs, On. Oct. 2.9•• 969, President Richard M. Nixon issued Execunve Order J 149J superseding the Kennedy order. Under the: Nixon order, a central authority consisling of' ~he chairman of Illl: Civil Scrvrights

court.
Skirting the issue of (he -right oC public employees to strike, just because it may be "explosive," is comparable, some people think t-o avoiding other basic iSM sues of fundamental importance 10 our SOciety, Legal opi nicn in mo.st of the United~ States views a strike again.!il the: government as. a strike ,against the sovereigmy of the nation, and this is said 10 be ~ased the Old, English common law, the (apndnlion for much or QUr legal structure,

ers is the reduction of class size so- that can be better teachers. It is equally important 10 note that much of the discomfort of public em ...
they plcyees has 10 do with the whale growing "urban crfsis." More people in smalJcr spaces expect more and better services. Family pauems change. forcing public: agencies to do what the extended family did, or did not do. before. New thrills, new "kicks," seduce the proliferating urban young. (An official of the United Teachers of Los Angeles has ilSscrted that ill 92 percent of the; secondary schools or thai cilY drugs are a major preblem.) And race relations continue to be extremely abrasive. Public emptoyees, then, often see no .way to change the "hcrse-and-buggy" structure of their employing agencies except, to shock them with desperate action. In an}' esse, lhe teechee :sbo~ld keep In mind Ihat oJl of his students in !OIl his c!asses , 95 percent wUI shortly become sombodyts employea.. And Ieerees, Il\g_ly. that trup-Ioyer wlll be .a pubUc

l-on

or

1'1110"JIIGHT" TO STRJI(E
The usc of injunctions in public-emplnyee srrlkcs is increasingly viewed. as an impediment 10 true collective barg;;.il1ing. In Michigan. the stale supreme court in 1968 {in a case involving Hollund, Mich .• teachers) upheld n refusal 10 enjoin a ;Irike unless a cle a r and present danger to public he;llth and safety was ilivohcd. A ,cachcf strike, the

Rut whUe! we ,JU"e clinging to this old "'monarclli.caJ" approach, the HngHsh, for u.ampJel are ,Mcting quite differeotly, and [hey say tbey are the DOes 'who are following the co-mmon 13w mas closely. In a Idter Ib AFT Presidenl Selden eect:nUy, w, c, K~ndall1 prf:Sidenl o-f 'he Assocl$tio-u of Teachers ,in Technl, t31 Instituti~ns, " union Df vecatlonar reaehers in England and wales, said: '"I heard 1oday.1 wilb. considlli::l"3bLe surprise, that you w+r_e in prison for pun;-uinG what [ wou.ld hJl'f'e thoughl were- W4I! £Illite ]i':gi1imfh", ;Urns of ~ teachers trade unton. That ~he leadn of a teachtrs un .. ion can be trea1ed in: 'be U.S.A, is .iii

A,

agency. We heve prep:ued tih15 teaching untt to b~lp the tC:!i-(:bet acqualnt bi~ class with wh.or can be expected and what canstitules the problem, UI'"'CaS.

sr

MAY, 1970

A-J

Preface: If there has been a "ltcem teacher strike in YOllr dis/riel, yOIl may wish 10 discuss it as a general inrroduclion (0 this unit. Or, you may want ID tnlk about the postal strike or the air,raffic cOnJrollus work stoppage, or strikes by any grou.p 01 public workers which hilVe, in some w,ay or another,
hruJ
til

Lesson
direct

1

eDec,

on your

students,

Aim: The teacher should acquaint his high-school students with the changing nature or the economy, from one geared 10 production and distribution of goods to one of increasing needs for public
service. This should not be too difficult since studies reveal that today's young people already sincerely 'Want their lire's

work to have social importance. Moli"ation: It seems to us abBt the greatest tool for mctivarlen in this case would simply be to present as much concise and valid information as possible about the prospects Cor public service. Much material is available from public agencies and should be obtained by the
teacher, condensed, and presented to his

class. Perhaps a representative Crom the Civil Service Commission, the Depart- . ment of Public Welfare. or 0. similar agency can be brought [0 the class tor a presentation. If pcsstble, the teacher should meet with the representative chosen to ascertain hili ability in this matter, A poorly prepared Or inarticulate: spokesman can do great harm to the teacher's. class. .

Lesson

2

Aim.: The teacher is aware thAI much prejudice exists regarding the relaticnship between employer and employee. particularly organized employees. The aim of this lesson is to reduce this prejudice and dispel myths. Motivation: Aga.in, it is our conviction that reliable Information, effectivelY presented, does much in Lhis day of the "shuck and jive" to motivate young peepre 10 want to learn. H the teacher can
find an cITcctive representative cf the

American Federation of Government Employees or the American Federation
of Teachers,
10

he

might

profitably

use Two years 1£0, the Rev. os shat to death an the Motel (aboyo), whil. In Me lIoly employed garbage wori Recanl!y. to commemorate' emplayee1' unlan, the State Emplo~ee'5, and Southorn C terence oHicers met in Mel and hospit3J workers picket era! Hospital last March du

that person

address his class.

Concepts 10 be dcveIBpe:d: . I. America is a land where individual dignity goes hand in hand with collective

strength. The individual, standing alone, is increasingly helpless in the face of complex. social stresses and needs. 2. The self-sufficient entrepreneur is rare. The overwhelming majority of Americans are somebody's employees.
3. Htstcrlcally, employees have
Of-

on the

same motel bal

ganized and joined employee associations or labor unions for four reasons. A. Economic:: Employers, whether private or public, are interested in keeping costs down. Employees, facing everincreasing costs of living as needs grow, have strength to bargain only if they Can approach their employer with united'
effort.

~~o:I~:!ti:nt ~~e A~i~ AFSCME after firing them employees stayed out for: alreement with. increaaes upzrading for 553 others. drop all charges agalnlt th them with all seniority lntar

~~rcth

B. Psychological: The lone worker, . performing routine tasks and far removed from authority, can find himself dehumanized-s-a little cog in a
pcrhaps huge rnachine-e-and his personality

damaged. Organization offers him protection frorrr the martinet supervisor and il provides him with a sense of importance. C. Sodal: The origin of the custom of calling fellow union members. "brother" or "sister" is not mysterious. The gathering together of people of common interests is ns old as history. It is comfortable to "belong" 10 something. D. PoUUcal: Most soc! a 1 progressland reform, public education, workmen's compensation. social securtry-shas been the result of political action. The union as a political organism is a fact of lifc. It is an instrument for achieving social change. 4. In whatever kind .of economy, an adversary rclattonship wi II exist be-

A-4

AMERICAN TEACHER

tween employer and employee. What· ever employees gain, either economically or in prestige, surely must come directly or indirectly at the expense or the employer. There is nothing inherently "wrong" with Ihis relationship and it need not be acrimonious or hateful. Indeed, within the framework of law, and with strong and honest contestants, the conflict of interest can be routinized to the advantage: of both. It is generally when one of the contestants is overwhelmingly strong and the other hopeIessly weak that, in desperation, violence
OCCUI3.

r.

union I. local 2. uational 3. Inleruatiocal 4. central labor council s. publ ie worker t, government agency u. civil service

The

v. profit-making corporation
w. Executive Orders 10988 and 11491 x, strike and lockout y. scabs and strikebreakers z. "health and safety" Questions to be asked: L. Why do employees always want "more?" 2. What is the difference between "cost of living" and "standard of Jiving?" :3. What is the importance of Prestdent Kennedy" Executive Order 10988 and of President Nixon's Executive Order 11491? 4. Is there a difference between the way public and private employees are treated by law? Should statutes be wed to deal with recognizing or not recognizing organizations of public employees? S. Shoutd the same stntutes be used 10 cover aU ernplcyees-« teachers, PcJicemen. firemen, sanitation workers, superviscrs-c-or should different laws be used for different classificaticns of ernploy ees ? 6. What guidelines, if any should the; law contain for the determination of bargaining units? 7. Should the law define "unfair practices" and prohibit them? 8. Should the legislature permit an "agency shop" agreement ill public employment? 9. What terms and conditions of employrnent, if any, should be excluded from the bargaining process? J O. Are special provisions needed to protect civil-service rules and authority where they EJList? II. Should strikes be prohibited? For all workers? For all pubUc workers. regardle ss of their work? If so. how? If not, should there be conditions imposed by law before a strike can be celled by publ ic workers? 12. Should compulsory arbitration be adopted in the public service as a means of resolving impasses in collective bargaining? Summary: The teacher should attempt EO lie up loose ends of the discussion, polnring out areas. where there is 00 common agreement as well as where consensus seems possible. He should make certain to point out that the whole subject of public-worker organization is presently in an evolving state and that all ccnetuslens ehculd be tentative'. He should, of course, take special care to sweep away as many cobwebs of mythology as possible. Let his students go forth with at least nn open mind on the subject.
y

Lesson 3
Aim: this Jesson, the teacher must deal with I the "nuts arid bolts" of labormanagement relations. He will define common ierms, discuss methods used in rcsolving conflicts, and analyze the law On the matter. Motivation: At this stage, given the controversial nature or the: subject, motlvation and interest should be rei atively high. A Socratic questioning approach rnighr bej used. (And, remember. the rhetorical question is. not an academic crime!) Also, simulated bargaining might be used if the class generally is a bright one. Serio,l.lS. role-playing can be an exccllent learning tool.
Cllrrtlit I events; Daily newspapers are carrying stones of strikes by teachers and other rub!ic workers, You may wish to discuss the issues in the touowing strikes, their effects on the public, and the results for the workers. You can get information from general news publications, this and past Issues. of the American Te:a,cber. and from public-employee unions. (sec Page A~6 (or addresses). a, San Francisco "general" strike b. Newark teachers strike c. Los Angetes teachers str-ike d. Air traffic controllers" action c. Postal strikes f. Nurses! strikes (M ichigan and elsewhere) bpUcU definitions of terms; 11. collective bargaining b. bargaining unit

Ih

c. age>:ocy shop
d. union shop c. exclusive recognition f. consultation rights. g. union security h. dues chtck-olf L steward j. fringe benefits k. grievance procedures I. "good edith" m. mediation n. arbitration o. disciplinary action p. "mititnncy" q. injunction. ex parte

lIer King, Jr., the Lorraine

,olp old pub· ,ue an strike. fficials of .the nd Municipal ,dorshlp Con· IIn'kad hands InftJ nutsn
'3nC1SCQ

t! of cit,Y emlums his job members t. Tho 2.0DO

Gen-

Dr

injum:tion

~ won

workers and so agr•• d to a nd reinstate

3

new

Pl'Al

Bf'L."1nUlZ

A.\~l:

WEIXLT ~nrosl

(v.r.:I-HOIE

l'IlY)

ClJ'~UrlO!ll:~cn...(lIJl>'EKYL!lQRl'~

at

f'RIVAn:

JlrrI.JoOlUCl.JUIJ!IJL1..

I'Al'FI:lU!I,

1.95n--6?

., ...
1!2

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za
77

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....... ~W

k..r llitb wiu.

lo1l1lpCIl'lClcnh
tog ~~~

.~.,.-.-.~

__

._.~ ......

•• ~--

•••

~~-t.o,

I" ~" "
l'
71

"
rc

-:,....., ".,. ...

.-.-

-..-

,.__ ...- ....

"se
66

s-

" '"
"
1.
La

"r.hl~ rQJ'.ulltl "Att.r.u .. ~~ alJ,OV1U':IC!e :I'M :prl~c- ~o:-, from
COC.\I:I;osr pd .... 'I.l:do.

- -_ - - - - - - ~
(1.:.:.1&1 .""' ....

Lt,. UI" 1.;057-59 'but!

.,-1Ol:

red~ pul00,

1.1.

1,....,_

i.MLa.':.I""

~u

dd\IC1.~)
~

Yit.b

&III

'!17

MAY, 1970

A·S

_ ..)
enli employees, alae lDvolved ,tate £mrueDH, and 13) were at local gO'f~mmtD' leuls: :Si 'R1tR" In public IlichQ.O~ and libnuies 36 "ere in sanitation SU'1"ic'e:;s 1.9 were 1D admlnistralloo aDd protECtion servlees 17 WC~ lu bosplbLls: and oliler health senl(,H About 105,000 oot of 8.3 m,mlon 5tlilt~ and local employees wen Involved. About two days wen: tost due ID stoppag" for en!')' 10,000 days work,cd. (Correspondlng rado [or privott! .iJJ,d.11$try .... 19 days In 1966.) The major issues in 7.8 stoppages were salaries: .I1Indrelated .IluppltmtnLal")' beeefib. In 36 casu, orgaoh::ati'IJR aDd recogoltlon dlsputes wen central, while I.n 21 eases matters .ef admJnistralion WI'I'E the priDdpaJ issuf. Number of teacher strikes In 'tbe UoIl.d Stales by yo.,., 1880-t940. 20: 19'40-1944, 17~ 1945.1952. 73j, 19531962. 20j ]!il63.6Sr 16j I"', 33; 1967, 75: and 1968 (<$L) 100 Ibndy II. Hamilton. ExeC'. Dlr., Instilute tor "oca) Self Gonmmt.nt. tepOrtedt

eo,-

c:xa

Suggestions for class activities
(These suggestions are gentral enough (0 be adllprt!d to almost Clny grcuie level Or grDup oj .studentS'. Teachers shuuld jeel Iru JO expand
and build on .hem.) Mock bargaining sess Ions: Some students can take the role of either

.'t!:W:I:~~I7ctA&$III(Of~. IlI~Ulil951·"ftlCa, POI&oIr:OLlI.I.R!:l¢'i-66TC11J6.rr-1O

kaI1 .nu ..:J~tflll'

:;:;::;;\:i;-III CWT"'~

111111111111111111

=~.;=

iI!i§Z

.. ,;oU .... ,

a school board or other government;
agency. wblie others. lake the role

or teachers, firemen, policemen, sanitation workers, etc. Doth sides can privately draw up bargaining demands and counter offers and then parrlcipale in a series of mock bargaining can be .

sessions.
Deba1es: Classroom debates

,

~.~ 5

,.~

,

1.' 8

~,' ?

built around the pros and cons of
public-worker strikes. One suggested iS5UC: "Resolved: That public work.ers shall have the n~ght EO strike in

+.

n.. ~UI<l.~Do.llu~~ PURue EMPLOYE£. WORK ntJPPACES.
ToW y~
NlJl"llber

By LEVEL OF GOVERNMENT, l!t$l.]961
:f>cttcDt, by lewd of 1O'ICT'DIDCDt Stale Loe-II

cases which do not constitute a clearand-present danger to public health and safety." Research: Siudents can check Dept. of Labor reports, etc .• to discover the: extent of public-employee work stoppages iu the past decade, the number
or employees involved, the attitudes. of (he public, etc. . Reports: Students can write com-

Number Dr publi~ employee strikes rose from 28 Eo 1962 to 42 io 1965 :and 10 more than 150 in .966.

Workeu Lnl'ohed

M.a.n41,.,. l,:Ilt

AU kvell.

Sources of information
American Dar Association, "Committee. Report, on Public Employee ~ Retationa," Special Report: Educators Negotiating Service. 1835 K St. N.W .• Wasbington. D.C. 200()6. Dec. I. 1969. Anderson, Anid (chairman, Office of Collective Bargaining. New York City). "Collective Bar,glLinina and Public Employees," SPecial Report: Educators NegotialinE Service, Nov. I. 1969. Buder, Leonard, ''To the Picket Line. Mr. Chips!" Nt'" York Times, Dec. 24. 1967. "Employe.e-Managemml Relations in Public Service," Department of Labor, W'oshington, D.C. 202JO, Sept., 1967. Goldberg, Joseph P., "Labor-Management Relations Laws in Public Service," Government Employee R-elations Report, Bureau of Notional Main, 1231 2:5I,h SI. N,W .. WllshinBton, D>C. 20()J7. JUDO 17. 1968. 0·1 to 8. Neal. Richard, "Public Employees and Batsail'ling," Special Report: EdueaIon Negotiating Service, May 15, 1968. Ross, Anne M" "Unions and the Right to Strike," MonthEy Labor ,Redr"', Bureau of Labor Statistics, washingIon. D.C. 20212. March, 1969. "The Right to Strike and the General welfare," Council Press, N.J., pubUshed for the National Council o[ the Chu rches of Christ, 475 Riverside Drive, New York, N,Y. lOO27t 1967, "The worker's Rights and tbe Public weal," TIme magazine, March I, 1968. pp. 34-35. Public Personnel Association. 13 J3 E. 60th Chicago. III. 60637. Pubnceuces: CollcdJ"e Bal'l::ainlng I,n tbe U.s. F~d. ' eral Civil S<rvlce (1966). by W. B. vcstoo Public Managcmcld af th~ Bargiln.ln8 Table (t967). by K. O. Warner and M. L Hennessy Managem~t1'.Emplo)'rc: HtlLailOn'!l' 'n tbt PobUc SlI:nice {l,969), by Fch1 A. Nigro DneJopmcnls: in Public Elllployu Rolatlons (t 965). edited by K. O. Warner Collrdhe BarealnJoi to the Publk Senl« (t9&7). edited by K. O.

positions or reports on the use of injunctions in the private sector, on

anti-injunction legiateticn. 00 publicemployee strikes in other countries,
etc.

1958 1959 1960 1961 1961 1963 1964 1965 1 1966 1967 1968
.. ,bdudcs b(ocJude5

15 26 36 28 28' 29 41 42 142 181 25411
5 stoPI'aaes

1.720 2,240 28.60() 6.610 31.100 4.840 22.700 11.900 105.000 132.000 201.800

7,510 11.500 58.400 t5.300 79.100 15.400 70.800 146.000 455.000 1.250.000 2.545.200
17.9 percent 1.2 percent

·ioo.o'
of IllI sloppaies of all ~topp.&O

100.0 100.0 100.0 100.0 100.0' 100.0 100.0 100.0 100.0 100.0

6.7 15.4 8.3 7.1 6.9 9.8 6.3 6.6 6.3
duting dwina

93.3 84.6 91.7 100.0 75.0 93.1 90.2 100.0 93.7 93.4 92.5
the)'cU. Fund

Interviews: Students mny wish to
interview rank-and-file members nnd

by fcdtral

employcc:s, cmploycc:1,

leaders

Df

public-worker

unions.

J SIQPp::l.g~ by f,edual

judges who have invoked against public employees,

injunctions city offi-

the )'eIIr. 2;)th~Century

dais. and school officials. and then report on their interviews to the class. Writing • coetsacu The teacher and the students may wisb (0 write
a collective-bargaining each other (Ihi,s has er, October, ualized and 1967), The

rIJDl1C EMPLOYEE WORK STOPP .... ES. By MAJOR ISSUE. 195s.J96l1 G

some classrooms, sec American Teachcontract mny independent study, gradeducational

contract with been done In

u.s.

Year

TIl'~] n'WTIbct

All
IUllet

Wllr::t.

bc:nditt.

~.
53.3 26.9 52.8 78.6 35.7 51.7 63.4 59.5 54.9 70.7 57.5

I'uftvt, b,

~Ior

w.e
[ntun.'
un~

Union lI:colnltic1:I,

On~I'ljIlkI.,,"'rul. KCLUjl)"

m..nltl!;

Other wotlllni
~n~i1iol'lu.

cover classroom conditions, icdlviding policies, and ether
muliers, Plcket-Jlne support: Students should be given the opportunlty to march on a picket line with publ,ic employees, If a strike occurs in your neigh-

borhood and if students decide they want 10 support the strikers. They can
make picket signs (a good sign bas

1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968
!'lndudes 'llaPPlld

15 26 36 28 28 29 41 42' 142 181 254' job
~culity,

1000 100.0 100.0 100.0 IO().O 100.0 100.0 ]00,0' 100.0 100.0 100.0'
administration

13.3 34,6 22.2 3.6 17.9 17.2 19.5 28.6 25.4 16.0 23.6 and
ether working

1.7 2.8 3.6 10.7 3.4 4.8 3.5 0.6 2.0
c:onditicmi. of 10t:tl)

33.3' 30.8 22.2 14.3 35.7 27.6 n.1 4.8 16.2 12.7 15.8

bold lettering suitable for Tv-camera pickup and with no more than six
or seven words), They can be taught picket-fine discipline (lines Are orderly, they're single file, or two abreast. they shouldn't block entrances, and only the "picket captain" should issue statements), Class dlsC1lS5iom: These eould in- elude "meet-and-confer" laws as op-

mailers

e'Ibe wuct involved were n01 repancd in 1
(1.2 percc:nl of 101al) In 1968.

ltcppaa,e

(2.4 percent

in 1965 and

3

'ijJVomlD!~Dato:IIJIm1', liyLI'tD.lO.!Ie~l:f.IJI!l l""O-I5!G?

posed to collective bargaining,
right other etc. of public countries,

the

si,

15 I~ 13
IJ

mediate danger
do

workers [0 strike in the definition of "im10 health and safety."

Writing projecl: What would you if you. were the leader of a teacher union and (a) the school board
wouldn't meet with your union; {b} you hadn't received a raise in four years; and (e) class sizes bad increased by five students each over the past three yean.

=:" L_j

~ II ~ 10 • 9

Work stoppages by government workers
Work Stoppag~ Involving Go\'em· blent workers, 1966, U.s. BurtilLi of Labor Slllllstl"" 1967, Total Dumber of work sloppag~s uathJUwlde In 1966 amoDg lo"emmf'nbl~ worlien 'Wa:\ greater than tile four p!I"Cvl· om yean combbred, Of 142 stoppages In the U.s., DOn~ w:I.,'I reported by fed-

weraee

Perspective in PubUc:: Emproyte Negotlatluns (1969). odilcd by Keith Ocheltree Additional materials can be: obtained from: American Federation of Government employ ees, AFL-CIO. 40() lSI St. N.W., Washing1On. D.C. 20QI American Federation of Slate. Ccunty, and Municipal Employees, AFL· CIO. 1155 15th St. N.W .• Wash· lngten. D.C. 10005 American Federation of Teachers, AFL·C[O. 1012 14th SI. N.W .• W35hing~on, D_C. 2,000:5

o

A-6

AMERICAN

TEACHER

Strikes j·n the public se~tor
(lh~ following UfJfelt is Ttpri"'~d./,om "Labor Manage· Pan d." a 'publication 0/ t}lt Labor.Manac.ement Sclvoot of tile UJl;Y~TSiIY0/ San Francisco {Vol. 20. No.3. lan=Feb .. 1970). Wri/lf'n b)' £ammo.n n(Jr-r~U, editor, it
metJI

pal Employees (AFSCME) carried cot a study comparing wages In the publlc sector with wages for similar positions in the private sector. The result or tile study was to make lt at least arguable Ihif public employees, without 'he rieht fa strtke, do nOt receive compensation commensurate with prr:Se-rfts a reasoned, di.spauir:Ulule ...icw 0/ tile fSJUI! oj the value of their services, or equitable witn that received "strikes jJI ,/1f: publk St!rlOr" ami is iltc/udrd ifl' rhi,I udcTIby persons performing comparable work in the private h,g 'mil at bar:kg~ound reading lor rhe ,eacller.} sector. 'In comparing the average monthly earnings (If "proStrikes ure becoming more rrcl'Juen'l in the public sector duction. workers in manufacturing" with those of public despite. laws enacted 10 outlaw them. So ccmmcnplace have employees, excluding educational personnel. the S1ud), finds the)' become thilt am: wonders about the efficacy of laws that the wages are lower than those or the private workers outlawing them or the sanctions imposed to prevent them. in 42 jurisdictions and higher in 7, of which California is This introduces the quesncn as LO whether or not public one. employees should be granted the "'righl" 10 strike. 2. Throughout (he State of California. there is no uniVALIDITY OF STRIKES Iormity in police pay from one area to the nat despite the: The right to ~mik.e is a natural right which is inherent fact that -tbe risk to their lives every lime they 8.0 on dUI)' in human nature. ]t does not come from the state bUI rather has increased for all policemen. For example. effective flows from the dignity ami needs of the employees. July. 1969 •• he new San Jose police pay scale includes The individual taborer has a righl to just ccnditicns of 5.944 for all experienced patrolman. with incentlve boos IS employment, and It) obtain these objectives. he has a right up to SI,OI6 per month (or men with advanced certificates to join with his fellow workers for the purpose of coneeuve from the State's Peace Officers Standards and Training bargaining. The rigfu to strike follows M a. corollary from Commission. Meanwhile. the Vallejo 'Police after a "trike these two rights. Generally speaking, if an objective is on July 21. J969, were granted a monthly pay 'increase good. men may use any lcgitirnnte means 10 obtain thi~ from a 'Pr~"'iou.!oS69) 10 S!!.4J. objective since there is no wrong involved in withholding 3. The nurses' strike in. San Frunciscn in 1966 led to the one's work from an employer, even when the i!.CL of withestabhshmcnt of a. ract-finding comm issio-n which found holding is. concentrated. Actually, the right 10 withhold salary inequities end raised pay .substantiaUy. work. either as an individual or ns a grou p, is what disMan), disputes are' over conditions of employment. tlngulshes free men from slaves. or distinguishes BIJin!,: The air trnfflc controllers were respcnslble for a enunder Communist rule from living under .1 democracy. rionwide traffic jam on June l8·20, 1969, when they parConsequently, there is nOLhing immoral in a strike conticipated in n "sick-call boycott" which LSbut another name sidered in and of ieself. for a strike. The purpose was 1,0 draw national attention However, what may be good in itself or at least indifler10 the "unsafe" working ecnditicns and work loads, inadeenr may become wrong by reason of the end sought or the quare staff, and unsafe equipment which in tum were encircumstance, involved. Accordingly, certain criteria may dangering the lives of air travelers, Mere than One news be set down by which the morality of a strike may be: demedium reponed that in 1969 there were in excess of 100 termined in the concrete. In other words, white Ihe right "near-misses" in the air. A5 <I result of the. strike, the to strike is natural. it is not absolute. Transportation Secretary loid the House Commerce ComCRITERIA FOR A JUST STRIKE mittee that he was selling up a panel of experts headed by The criteria for a just strike are: John J. Carson, consultant 10 the Carnegie Foundation and I. A just C<lUSt:; the Urban Coalition. "to review air tr3ffk controller per2. A proportionate cause; scnne! problems." The controllers had been agitaring for 3. A right use of means; some time (0 have something done abcut the problems of 4. A reasonable hope of success. air sorety, and yet it took an illegal stri!ct before anything JU~'TCAUSE was accomplished. W'ilhoul the strike. the public would There must be a just reason for dcclaei ng n strike since not hnve known about the possible risks they were running work stoppages arc always attended by some unhappy rethrough air travel. It may require a couple 0 r major air suits. and unless there ls a good reason for the stoppage tragedies ro bring before the public the inadequacy of the st riker is responsible for whatever harm may follow. equipment nnd unsafe working loads. And. after all, n. Low wages, overwork, or discrimination must be considered strike, even nn illegal though ethical one, with which many as just causes and hence iustlfy what may be called a may disagree, i~ preferable to loss of life. (Some people defensive strike. feel that anti-strike statutes may be unccnstnutionat.) The fact tha~ an employer who is able W do so does not From Valteio we can learn a lesson. The city council pay a living wage (or a wage which enables the employee protested thai it did not have sufficient money to- pay to rear and educate his children at a level in keeping wi~h by the police and firem-ton and reo his Slation in life or their economic well·beins) COnSI)lUt<"S increascs demanded mained adamnnt on the point dcspile the fact Ihal police a !';ufficielll re:ason for a strike. [f any (onn of coercion, were grossl), underpaid relluive 10 many olher pOlice forces ~ither lr:gal or moral. has been us.ed tn impose a certain JocaUy. Howe ...er, ill the £nct of a strike; al~it <l_nillegal wage on employees--one which is not in keeping with the one. Ihat was baded by many of the citizens. the monty requiremenls of Iheir stale-then the employees h:we '" just was found. Without the sirike. aU tile talk Il.,nd negoliaC3LISe ror a !'Ilrike. liollS in 'he world would not have won the:m an im::rea.§e. However, because: of 1he h'lTln done by 3 !l.uike 10 the The existenee o( wage discrepancies ~d the discrimina· employees :lnd thcir families owing to 101'5 of wages_. and tion on conditions of emp!o~·ment. with both. militating the sometimes extreme inconvenience caused Ihe public 35 against jWiI rUld r:quilnblc treatmen.t fur public. employee!, on the occ<lsion the New YQrk trnmit sttike, ttle right constillllf:'5 ::I. just caU!i~ for s.lri'ke action. to strike should be invoked sparingty and only :liter wo:rk· A PROPORllONATE CAUSE e:rs. ha ... milde cvery reasonable e .allempt to :s;el1h:their die· The sec:ond requisite for il just strike is a propOI1iontite (erc:ncer. by such peaceful m~nns as hnving recourse to cause, that is, the benefits. nnlkipau:d .or hoped fot from med'iarion. the strike must be sufficiently grcilt 10 compenSil.Ir.: ror Ihe The govtmmenl, as i~ has done undcr Ihe T.a_ft·Hnttley inconv~nience:s which it. is likely 10 produce. , Act, should devise means of safeguardinG the: public inThe wrons.s which worker-s are bound to lake inlo con· EeTleSl" but not by le.e,i:s.'lLting Bsainst iii jusl strike when 'j:\deJ1ltion before engaging in il work s10ppage are nQI there is i'lva~lable to emplo)'ees no other realiionable means merely tho5e which they themsc:lves may suif~r. They must of equitablr.: redress, or, in thc short·run, no othe:r method nlso look 10 Ihe welfare or olhers nnd may nOI inflict harm of &~Iting tlie ditoput.e inl,o [he publjc rorum so th:u the on (heir emilloyel'$ or on Ihe gencr-al public 10 an eXIe:nt people can pass judgment On the issues-. far oul of proportion to the advanlages they m~y ha ...e ~el As long :J.S the ban on strikes continues to exisl tn the as their goals, even if the demands arc just and reasonable. pub1ic service, two situations. are likely to prevail. Tht:re is far 100 much emolionalism regardinG the injury The wages in the public ~eClor generally will remain be· that can be suffered by the gener;'" public as .a rr::5ul, of low wagc.s for comparable jobs in Ihe private sector, and Sl.rikes in such areas as. hospitals and fire departments. working conditions will suffer. WAGES IN TIlE PUBLIC SECI:OR Ev~n where Ihere: hnve been strikes in Ihese two areas, the A few e:umples of the relationship between wages ilnd employees in "lllesliol1 aCled wilh :I sense of re:spon!'libiJilY working tonditjons for compatable employment in Ihe puband in no way end.mgcl'td the liv('-s or safely of olben-. During the June. 1969, Bay Area nurscs' strike, the nurscs lic and private sectors are in order. were at pains 10 millimize any danger 10 thc communities I, In 1961 the: Department of 'Research and Retir!:'ment invol\'ed. The California Nurses Associatlon promised the .of the Amcrkan Federatiun or Stale. COllnlY and Munici·
I

or

hospitals help ~D handling emergency care. Asato, during the mass resignations of nurses in the San Francisco area during 1966, essential services were attended to by nurses who refused rc accept pay for those services. TIlC: nurses manned emergency stations and gave attention to patients wh.o needed 'Special care. There was .3. mcnetarv Joss to the hospiLah, plus the inconvenience experienced by those patients who were oQliged lO delay entry into the hospital for electl ve surgery. Emergency and urgeat C3Ses were admitted. In borh these nurses' strikes the benefits accruing to the nurses were sufficiently great to eoenperaate rcr . the supposed wrongs which the strike produced. For exampie, as iI: result of the June, 1969, strike the nurses who were paid $600 to S800 would get S.sO more retroacti vo to January I, 540 more in February, 1970~ higher premium pay for night work; longer paid vacations and sick leaves: ~l least every rounn weekend off, and improvements in other benefits. However, it W:i$ the promise of a. greater voice for nurses in staffing and nursing procedures (hat Iinalty settled till: strike. A:Ii long as there was no possibility of a strike, the hospital offici.ab could and actually did remain adamant regarding the concessions made to nurses. Also. the 1966 strike forced the selling up of a Iact-findlng panel whose members {OUInl. on weighing till the evidence, that the nurses were grossly underpaid and recommended n substantial raise in. salary for them. The next example is that of a stri ke by firemen in a cil)' of over two million population in a country other than the United States, When Ihe strike WIlS fust announced there was ii deluge 'O( publicity eondemnlng the firemen for irresponsibly endangering the Ilves and property of the inhabitnnts. It was. taken for granted the firemen would display a complete disregard lor the safery of their fellow citizens. Actually. the strike took the form or a refusal [0 accept wages and a refusal 10 obey any orders within the confines of the fire: station. Other than for these two factors it was duty as usual. They were ill work each day and on the alert for fire alarms and always had their equipment ready for any emergency. They answered the usual fire calls, and in the course of fi8hling one sud! lire two firemen IO§I their lives. The tragedy put an end to the propagnnda accusing the firemen of ~ing selfish and irresponsible. and in addition it had the effect of. convincing the public or [he unfairness of the propaganda. The strike was settled lmmediatel ..... with the firemen being ,grnnted the majority (If their demands. Other than resurring to strike action, the only short-run remedy open 10 the firemen wns 10 go on accepting wages lower thon thai to which they were entitled=-eitber that, or lobby Ior parcmalisttc handout, [rom politicians concerned about their OWIl reelection. Politicians did nOI wish to jeopardize their chances of reelecucn by either a [11." increase 01' a change in the allocation of the:. lax monies. By accepting a wage lo w er than thai to which thcy were entitled, the firemen could be snid 1.0 be keeping incumbent politicians in office and Ihere. by discriminating ag:l.iml pOlitie:a.l opponents who might be more just. and less discriminiltory, RIGHT USE OF MEANS The third I'cquisile: ro:r a just strike is; a right use of me:ans. Strikes must con.fine themselves to whaL is penniUed by the natural and civil law. It is difficult to define in del<1il whDt is permitted and what is forbidden in th.is maner. Certainly both physical violence imd deMrUction are ror· bidden; on the other hand, peacciul pideling is aUQwed. REASONABLE HOPE OF SUCCESS The founh requisile for- a, jusl strike is a reasonable hope of sucec::s-s.In dealing with lhe strikes in Ihe publicSl:ctof, two impor1::Jnt factors mw1 be La,ken lnlo consideration: a) In Ihe first place, stnkes are outla.wed in the public: sector, .md in some jurisdiclions sanctions rur: imached 10 breaking the law. On the face. of it. the exislence of lh.es1: Inws and !)ancl'ions would make it appear that urikes in the public sector would have no reasonable hope succe:ss 3Jld ~hu!. could not be Justified. b) However, Ihe number of strikes has inCrt:JlSed subSI:'l.nlia.lIy in the 1351 rhul". years, thereby establishing a de facio right to strike. Man:y of these strikes have been successful, 3.5 seen in the cases of the 1966 and 1968 nuJ'!es' strikes in San Fran· cisco, :md the police and firt::mcn's nrike in Vallejo. In nddition. the general duty nunes a[ Jac1cson Memorial Hospital in Miami won a 15·percelit wage increase AS a re'!oult of strike action. These: examples of success could be multiplied, and in light of th!s fa.c[ it is difficult, ir not impOSsible, 10 stille calegoricaUy thai future public·employee strikes do nO[ haye i'I reasonab1e hope of success.

or

or

Thomas R. Brooks. Taj( (Jnd Tr'Quble. Delaoorte, 1964. A welL·wrincn hislory wh_ic.b mO~[ studentS would enjoy. Fosler R. Dulles. Labor In A merka. Crowe]!. 1960. Heisel and Hallihan. Qlle.1/ionJ' and Ii nrr.'us on Public EmplQytt Negotia· lion. Public Personnel Association, 1967. Elias Lieberman. Unions btJo,~ rlit! Oar. O.tOrd llook, 1960. Lieberman and Moskow. Collecfive Nf'goliaJionJ fOf T~tJcJJtr5. Rand Mc· Nally 1< Company, 1966. Henry Pelling, American /.,abor-. University of 'Chicago Press, 1960. Jos.eph Raybac.t. HiJrory at AlIlaielln· LnbQ!'. MacmiUan, 19:59. Philip Taft. Orcal1ir.td LAbo!' ill AmcriC'an History. Harper, 1964.

Books 'and 81lfts
Hintlry,

ImportunJ Evt:n(s ilt AmCTicnn Labor 1778-1964. U.S. Depl. of La· bor. 1964. . WOodworth and Pelernm. CoJlectillt' NegOlilltioilS /01' Public Illtd Pro/essiollal EmpJoyu:r. ScOIl, Forcsmnn, and Com· pany, 1969. AfL-CrO. ColI~c:Ji\'e Barcain'''II. D~· mOCraQ' On Jh~ lob. pamphlet published by the American f'edernlion or I.....l.bor and Congress of Industrial O,g:)l1i~a· Lions, Washington, D.C. Twentieth Century Fund Ta~k roree 01\ L..a,bor Dispu[es. in Public Employment, rickeloS Il.i City Hld/. New York:

Century Fund, 1970. Leon Lilwack, Amerjcan I..dbor Mov~. mrn',' Ptenticr::·Hall, 1962. Raymond Ginger. Bending Cr-uss, 1949. If"\Iing Bemslein. Tilt L~an YrarJ (1920·1931). HOllghton, FILMS TI,e Inherirance. A sweeping look. 31 the 20Lh Century and lhe long, bitter strugglr; of workerlii a8ains~ economic cxploilalion. 55 min. Available from AFT Order Ikpl., the APL·C[O film libnu)'. 3nd the AmalSBmlUed Clothing Workl::r.I or America.

Twentieth

Tht R,:u 01 Organiud Labor. Good backGround on the evolmion of unions and the Labor moyemenl. 20 minutes. "_vailabh: from AFL-CIO film library. Morht:r Is On Slrjke- This film show.s pOlice: ac[iOR in breaking up a picket line and scabs taking over jobs. 6 min. utes. AvailabJe from International Ladies Gannent Workers Union or AFL.CIO film library. Nl!w York City T~ar:htrr St,ik~. An objeC1ive picture of this historic strike. 27 minutes.. Available from United Federa.tiOn o( Teachers and AFT Order O<p •. Siltl l)J Eor-rlJ. A reatuR.-length film Lhat porlraY5 a long, desperate struggIe between iI. Group o( New Me,,;. (CoDlinu.d ODP,,!:" A-8)

"'t

MAY, 1970

A-7

Questions 8 answers about teacher strikes and -, injunctions
The jo/JQwillg questions .arid' Q.n.fw,tts are Juken from a flew American Ftd£Nl,lion oi T~acJl~rs pl.lbiicalion. "Que~tionj" and Answers Abaw Teacher Strikes and Unfair 'njunctions," .al1d represents rhe AFTs v iew 0/ some 01 rhe issues covered in: the pr~.... ceding teaching unit. .Copies are available in pumphlel form from the AFT national Q~ Are sbikes by tucbe'1"S iUrgal? A: Yes and no. Man)' states hi!.VII;:aws l which. prohibit strikes by public employees, including reachers, but even where there is no SIBtUle. courts will Issue injunctions against .urij;,LflG by reachers if the school boards ask for them, Such injunctions also apply to "aiding and abel tin g.". the strike by teachers or their agents or asscciates=the 'Union Itself In 'Other words. Q: A,:n: IIIliti"""trike and "Qtt~pjckedng taws and roUI"C ,rulings uDcollStitut:imlal? A:, Many legal authorities in the area of civil liberties b~Ll';VI': that such laws and rules violate the lSI, 4th, l Jth, and 14[h Ame:ndmenES to rhe United States Consutution, but " is h,jchly doubtful ;hat the Supreme Court would uphold an appeal by teachers :.1[ this time. Q: Must teachc:rS gi'l'e up till: right to :strikt~ then? A: Ab:s.o1ulcly not The power 1.0 strike is absolutely essential f'orgood·faith eelrecuve bnr£l!.ining. If reachers must keep right on working regardless of what [he board o( education or the superintendent does. there will be no incentive for goodfaith bargaining. Q: Do te .. cburs have (be moral right 10 strike even thouEh the law or a (OlJlri injW1CtiOIl may forbid Jt! i\;: Yes. Injustice, such as forced labor or hwoluntnry servitude, is morally wrong and refusal to compIy with immoral laws or rules is moratty justified. Philosophers such 3.5 Jeffef:§on, Thoreau, Gandhi, Marlin Luther King, Jr., and Ihe laic Chief J ....suee Helmes have set {OM [his. concept many limes. Q! Theil the AFT fuors :!itri'k~ 'by teacbeN!

o[fict;, 1012 14~h SI. N.W., Wasllil1gl011. D.C. 20005, The qUl?$(ion,y mid amwt'r.:r were wrirun by AFT Presideru David Selden while he war serving'''time in prison during March and April, J970, lor his participation in th~ Newark, N.J.~ Macher'
.strjki!~ terms and condhlcns under which teachers their convictions and they shouldpu.sh will give, their l abcr. U the co uns, ~heri,ff's. ahead. deputies, jails, Md heavy fines are thrown Q: Ho" do (lltiu oombi:es mat h:achltr in on the employer's aide, the "bargain" is strik~7 apt [0 be unfair. At Almost all democratic. eocmries permit teacher strikes. The; eommenht ccunQ: Can haders be IiE"fil fo:r sbik.lngl' tries do not permit such freedom, of course. A~ Yes. FLnng for slr:iking in pri v are In Canada, federal employees may !ilrH::t industry is prohibited as an unfair labor after exhausting preventlve , procedure'S. In practice under most circumsmncee, but a Albert~ compulsory arbitration was triedUrik_iri8. teacher is technically guilty et [or 8 few years, but by agreement of ucth "neglect of duty" "and can be fired, despite sides this. system was abandoned in. laver tenure provisions. Thus. even if unfair Inof the: strike as 'he final means of scUling [unctions were eliminated, teachers would disputes, still be nl 3. disadvantage in bargaining Q: You talk about OoIfon:ed. labor'" I! ii. compared with workers in the private remlt of mjdlldiam.. Im't, thl.,: I'ugg'ua~ sector. or course, firi.ng several hundred til;llQ! 01 several 'thousand teachers would be A: No. Because of varicus seniority arimpractical as well as unjust. 'because i1 rangemems, such as '}tep advancement on would be ha,ra to replace 00 many skilled salary scbedules. retirement credit, and tenworkers. ure rights, teachers are trapped in thei r Q: b there any substjtutt: for tile- strIlu:? A:: Ultimately, no. But there ate 51l;PS jobs. It is very difficult for them to move 10 anor her' system, Hence, when they are whicb can be: Utkm to reduce the Jikelihood prevented from exerc:lS-tng free collective of strikes and to minimize possible ill bargaining, they arc, being fureed I,Q work. eflecu. Mediation during the final stages of under conditions not l'i,alidaclOry 10 them. bargaining helps avoid breakdowns and QJ When teaehers strike, Ih"Ylirt Dol lmpasaes over wording, for instance. Twote,ally "qu:5ttlng." Wb}, dQQ'( 'they resign If year contracts ~Ginning with the first day lb.y d'on't Ilke their jabs! of school in the fall reduce tension during A1 MD.S.5- resignations have been declared school year, although sometimes this Illegal, roc! Any concerted action 10 witharrangement is nat practical due to pecullhold lhoeir services can be enjoined ilJst Ute arities in. budgeting schedules and (Ilhc:,r an. cut-and-out strike. tlrnenmles beyond local control. Q: HQW ;lb(Jut a:rbltratloo'? A:: Bmding, impartial arbitration is C5~ sential i1S Ihe, last step in lbecri'!!\'ancll. procedure ill order EO avoid work stoppages (CDotiDu'!d, frol:'l:LP~IE A-1) rrver irnerpretuticn of the, contract. But co miners and the mine owners during subrnlttlng bargllining items 10 arbitration the m.id~,19SOs. It also shows the conllict desi revs co! lective batgainlng. No one, will negetime if be knows that, in the end, [to between the male Slri'ke~ and Iheir wi\les who -are seeking an eq,ual, voice: in Mbi!ralor will d~ide 1he i~ue::, Bmh sides. the union.. Available from nnl1ldotl. w~1I w:;mt .gQ to Ihe arbitrator with their Films, New York :J.nd San Francisco. optimum posilions. lncidentaUy. this is. Richmond Oil Slrike~ Portrays, the really an academic quest=on because vcr)" 1969 strike of relinery v.'orkers in Rich. rew school boards 'Will accept 3rbitr~!~mt ~ond, Calif. Ava:ilable:: from Newsrul, on SfllP,ri-cs, fringe benefits., and o~her budS' Ne:w York and San Francl'SCo. et items. Wime50s the Rhode lsh,nd clI:peri. (Tht: AFL·C[O "FHm Ubrary ~s an c!A~ t"nct wliere boards of .education "'':ry often ceU~t"ll. source of -labor films. You ~an refu~c to accept [h~ term'S of :an !lorbi[rnlot'1S gel. a calalog for 25 cenl"i b>" wr~ting award> the AFL·Cro Pamphle!, D~vi~iQn, IU 5 Q; DMS the AFT (BYOr n[)<!ibik~ clauses Sbaee:nlh St. N.W .• Washingtan: D.C. In Itllj cou.tracts1 20006, :and a.'iking for PublicJtion 22.) .4.: Most APT lociJls willingly include no~mi\;,1! clauses in Ihei:r oonlracl:r.-provided ~he: conlr:;u;l ,also proyid=s for bind(ng arbilr31jon in the grievance' pre«dure. Q: Wha1 'l'i'ouJd prcnnJ' te::r;cben: from abtl~lng thdr JHlwer if tbe,)' gain legal appm".] ror l'ibiklng! A: Thl! some. restraints apt:rale on ~each· drs as. iipply 10 otber groups of wotke:~. Teachers 'Ii:skloss of pay and fr:inge bcnc~ filS :::m,d possiMe, discjplinary action when Ihey .strike, jusE Uke o[her workers. Fur· Ih<=rmoroC':. t(:ach~rs know th ..t a.fter a 'SldkC' lhey wiJl uill have to br~ng their 5ludenls Ihrough to aCDdem~~, success, and the longer the 'lInke, the harder this w:ill br.:. Hen.ce, most I,e:achers are nger 10 avoid ~onS work stoppages for professional reasons. Q:, btL'~ a .strike fn public emplofb1I1:U. dUftr't'Rt hUIII one in the: pri ..... !!: .sedor b .... cause of the' Lack of lbe proBr motive aDd ioaDIU:Iy 10 pa.s.s the cos1.s of the ·:s.etUemenl on to tbc consumer:! A= This i", only '3. superficial" diff~rencc. The 53mc "consumer money'· musl be used (or the pu rchase of pUblic labor" such 3,S. s(:hool Icaching, as for private labor', such us :J.ulo manufacluring or ~hc labor which makes TV s.cts. The ques[ion is how much of Ihe. toud supply of Money wm be I.l~t:d fl)~ public projects, and how much will be: used ror olher thing!!; how much will be usc,1 1a buy consumer items ~ueh as C;)rs a,nd TV Sl;ls lind how much win be, uscd for laxes (see writings. of JOhll, Kenneth G31bra~lh), Q: Sbould Cea-chC'1"S'....aU until the: law ,Is cbarrged 50 that tncirer strikes .a:I"e lega!!,), permwlble, befOre cngaging in won $lllopp;igl:$T A= No. ]f there is nQ agreemll::nt cDvering 53Iarie1:. fringe, benefits, wo.-kiflg condilian&., :Ind olher ffi.Ulers, [e::i!.cher.; shoL;lld not wotk. 11 will be diffir::ult 10 induce legish,,· Wn. [0 vol.; for cilangl;:s in prc:s('nt ~aws lind rUlings. becaus.e the ;·publi~'· ;]S em· ploy!!! hilS a selfish intereSt in the slatus 'Iuo. Teachers cannot wait (Of' poliaicirlPs ~o m\~SLC"rip the courage to 1.'01(':fQr whll,l l is .right. If a strike is necessary, and ;1,11 olhe:r mC:lhods to rc::solvc thc impi'i.Sst have fiJiled, Icad~ersshould have the courage of

Q: What
!fion'!'"

do you m.eao, by '"poUtical

,I'I:~

A~ Nobody "fa\lors" strikes. The AFT favors negolialed. conlrOu:ts covering s:d~ ario£!I, fringe benefhs. reaching condilions and other ma'liers .of concern to te:achers il,nd to tbe children they teach. The: AFf favors Ibe right to strike as a guarantee of good-faith bargaining. Q::: Is: U rrue that cbUdre-1li lose wh..:n 1~"hfcfS strikd A: Immedi:lltely. y~. In the long run, no. TIml is why AFr locals try to 3\1oid s=rikes, BUl. on Ihe other hand. children may :tufJer mme ftom pOor Il:aming' tandi. tion~, (Ivercro ..... dtd classes, and disgrumlcd Ie:ache:rs Ihan rrom a strike's [em.porary if!~ le.rrupJion of their education.+ A loOng·ru.n effect of Ibe, '.>trike ~5 improvemenl of learn'. inS p,nd It:i:I~hing conditions fof' leachers and. ;:hildren. 0; 11o,", :ls the: InJunction cused by scbool bQP;rds In ,Ii eoeucher strike:!' . A: School boards whkh fail to Qegoliale: in good faiEh one(l force lea.ch('rs ,10 :Slrike. Bdore tCil~hers aClually slrike. the boatd of education can contact _8 h.ldge who. k.nowing nOlhing nbout the cause or lhe s.uike. will hsue an injuncllon wilhoul bene. fit of il hearing on Ihe irrational primip'le that publk employees c,,"InnOl strike, Once in COLJ:-t, ll;,m;hers arr: he::ld in "contempt" for vioh,ling Ihe court'5- injunction and 3re: very ofl!!:n Ilned and jailed afler the. strikr: hs~ bet'n ~r:ul~d 10 the s·3t~sf3Cl.ion .of both p;mie:s. Q; How dOH Lb.e AFT proj)l)Se to ~Ui:ni4 nalc: unfsir use- or injuncliom :in tf':u:~h,.r~ uhool bO:int dlspu~.£:!i:! A: By prolc51 ,~nd 'political aclion. When 3. :Slrike isnc-cfS!.Jr)', leachers mllS[ be ..... ill· ing to risk Ihe' cou:rt·impase:d pe:ll::J!lies which m~y ensue until Ihe law il'i ch::mgcd. AFT President David Seiden dramlllh' .. d c the ::Intf.injunction ptolt:S1 by r::halle:ngiiltl a, court order in Ncwark, New Jersey. and scrvin!): ;) 60-day :senlence in the peniten~ tio.ry. Tn 1he mellootimll;:, the AFT, in coo,p~ emlion w~lh Ihe: labor movement and Qlhor.r public .:m_d pri",a1r.: orga!1i~a_tions. LOS ount~ m irig :l ua1e:~bt~Male carnpajgn of poliiical action. Q: ClUJ' poUtictl Action succeed In Umii'~ Lo.g Ihe DB,falr usc of ,IoJuDctiom In tt::iIC~h~t

A: Candidates far 'the leBisliltur'C should be supported only if they agree '10- vote for legish.fion which would limit the use of lnjuncrions and the application of antistrike laws 10 only those disputes which I;;OIl'ljEUl~ i,l, clear and present danger to public safely. In addition 10 action in primary and fina.l elections of members of the legislature, a strcng education and lobbying campaign should be: carried on .. Q, "... IlmUlag IDl"DCQons aDd .. ~. .strike laWI the Ottl.y ways'to wiD tree eeuecUn plrgaLnlng? A: No. UllimBfcly. legislation w iil be the most c.ffective, way. BUE in the meanrime, determined challenge of' the injunctlve power and anti-strike, laws witJ cause bourds of education 10 be more cautious in Ihe Use Qf these anti-union devices, and courts will. be encouraged 10 seek better ways EO use their power. 'For instance, in Michigan, most ccuns now require a ~ehooli bO!l.td to show that it has made an effort to bargain in good Iaitb (enter court with clean hands) before an injunction will be issued. Q:: 110 .... :!tboUI (~I:-ra) IcgislatioQ? At It's a good trick :if you can do ill There arc many political and ccnnleurlcnel obstacles to overcome in order to secure such. legislation. Education has been ruled a nate function which can 'be regulated by federal law only when other rights are betng denied by the state. CB f.or teachers m;)y fall within this area, but :,n present it is. a meet point at best. Most of OUT present problems cerner srccnd unj\lst :d:.tc Ii!.~ and court I!-I;(iQIl5. The political climate is more favorable 10' remedial aeucn In some stille:s ~han it is in olher.i or in. Ehe Congress. Once we have been successful in sOme mnes. olhers wUl follow. 01 "~lIlt has: been the uperie.n.:.: Ip pn"'Qt41 LndWit,ty? WerI!P?' injugdhms once Lts4,ld dd..,aC !l.1rlku ,In Ibe private scclor·% A: Yes. Suc-h Jnjuflciioml were oUiEawed, in [he: fedc;-al coLlrt."C, by lhc Norris· LaGu~rdio. Act. p~ss=d" in 1932. Bdurl.." thill. however, many 5tau:s had enacted anEi· injunction SL.rJlute'.> their own, and Ihis: of act~on was secured, at II time when the lirbor movement was much 1e:&Spowerful lhan r'!OW. The !Il;Ue laws pavw the way flJf ,ilfcdcr:ilJ prohibilion. Q: Wblil1's wrong wltll the sdrool ,board dDing "E-'t'el')'tbl.og possiblor--indodlng usc of tbt injtll:Ddlon.......fo keep !idiook ape-D.! ]~'t tbls: 11 pm of Jill m:nd:iooT A~ Use or the coercive: power of the ~13!C 4il'inJpl..':inormnl c.allecti .... biUgaininc. The c "bargnin" agr~~d upon' makes dear lhe

uie

Books and·films

=0

'0

Credits
The basic conlenL... of this leaching uniE-includins most of [he overview and the::'suggestions for Less.om ]~ 2,10 and! 3-wc:te wriUcn at the AITs request by Will Sc:ogg~nl'i, a rlOled Ia.bor h~:'lo~ ti:m ...... l.ea-ch-es at El Camino College ho in California. Mr. Scoggins re"ceive.d his B.A. degree f:rom Baylor Un.iversity in L949 and his M.S. degree from [he Uni~ vcn:i!)I of' Wi~c.p"sill in 1'!lSL In 1960, hoi; ~mr.:nded Ihe Univenity of Oslo while on .1 FulbriGht le:3ching (lranl in Nl;lr~ Wl.ly. He hn:s. taugh! hi5tory and govcrn· frlr:fU in several hig.h schools and col· t-eccs 'Since L9S I,. In J964 and 1965, he served on.llic staff or Ihe Center for Labor Research and EducaEion of I!~e lnstilule of lnducariat Reiil.1i(lns a~ the UniversilY or CaHfomia" Lo~ Ange:h:~, and sPent several mouEhl'i inquiring ~nlo Ihe in~tn.lclion Iha[ high Sl:hools in. Los Angdes County giv( sludcnls. who ,will SOQn. enEer the worM of wmk as. ,some· one's employee. Out of Ihat· "Iudy C1I,me hJS book "Labor in Learuil1g," publis.hed by Iht Uni.versity of California in 1965. The II::;l.ch.ing un ii w:as cril.ically t.e~ viewed by 101m A. Sessions of Ihe AFL~ CIO education dc:panmen[, .J.nd by !iev~ era~ former da~;:s.room Ecac:hers now on IhI: s.til.U of Ihe AmeriC<lJ'l Federation of T~ ... hcrs n!l.liOmll offi.ce in Wa~hinglon, c O+C. A number of slaff members con~ lribuled suppLementary' iiira.-inatian tQ the unit

barioiulnc'l

A: Yes-bLl~ itwW n01 be easy. The sup· port of ;iU leachers. 'Union ,and non·un· ion, must be solicil.ed'~ Also. direct help from 'local unions. and ct:n1.ral labor bodil!s ami Siale labor bodies musl be sought Each ~["'Ie !J.h,Quld havr.: an. ··Anti~InjuncliDn" or "F.rct: CQUl!'ct~ve BQrgainin,g" commiUeo which shou'ld include teachers.. oll~er ur\,lon rcpresema1ivl:'s. and plibUcrtlem'ben.. The AI Of FeB commillec should coordinate: errOr!S in e::t(:h 51;.1c:.

A·B

AMERICAN

TEACHER

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