Judge orders Kent teachers back to school; union to decide on action Monday

A judge has ordered schools in Kent to open for students on Wednesday.

Union members, however, may still decide to defy the court’s order and continue their strike, which has so far stretched for a week.

King County Superior Court Judge Andrea Darvas ruled Thursday in favor of the Kent School District’s request to end the Kent Education Association’s strike, saying the strike is illegal and the court cannot change that.

“The strike by the Kent Education Association is unlawful,” she said, adding that the teachers also signed contracts, which stated the school year was to begin Aug. 31. “The current work stoppage is in violation of those obligations.”

Darvas ordered teachers to lay down their picket signs and return to their classrooms beginning Sept. 8, giving them a day to prepare their rooms for the students’ arrival the following day.

Originally, Darvas ordered that school begin Tuesday, but changed her decision after both sides argued that teachers needed a day to prepare their classrooms.

Darvas also ordered the KEA to conduct a membership meeting to inform its members of the decision. The KEA has scheduled a gathering for 2:30 p.m. Thursday at Green River Community College, though it is not immediately clear if teachers will heed the court’s order and return to class.

KEA President Lisa Brackin-Johnson said following Thursday’s ruling that KEA leaders would simply present the judge’s order and let the membership decide on what to do.

Under Darvas’ ruling, Brackin-Johnson and the union leadership are barred from encouraging members to continue their strike.

“We’re just going to give them the information,” Brackin-Johnson said, adding the union was “not surprised by (the) ruling.”

When asked what it would say if to students if union membership votes to disobey the judge’s order, Brackin-Johnson said teachers “know they are right” in their decision to strike.

“Oftentimes acts of civil disobedience have to occur to right a wrong,” she said.

Darvas’ order contains no penalties against teachers who choose not to comply and continue striking, but judge added that failure to do so may subject violators to contempt proceedings.

She made no ruling Thursday as to just what those penalties would entail.

“We expect people are going to obey court orders,” Darvas stated.

The judge noted her ruling is based on long-standing precedent of the state Supreme Court, as well as Washington State common law and attorneys general opinions, that strikes by public employees – including teachers – are illegal.

KEA attorney Jim Gasper argued that because the state Legislature has never specifically passed a law stating that teacher strikes were illegal – as it has for firefighters and police – then teachers retain that right.

Darvas soundly rejected that argument.

“No court has ever held that public school teachers have a right to strike,” she said, adding that inaction by the Legislature means common law applies. Common law states that strikes are illegal.

She also noted that when legislators passed a section on collective bargaining, they specifically noted that nothing in that section would give public employees the right to strike (RCW 41.56).

Darvas said the KEA was arguing that she should not apply “clear legal precedent” and instead should “make new law.”

Darvas also said that she sees the right to strike as a “basic civil liberty” and “important tool of labor,” but until a higher court or the Legislature changes the law, she must rule according to precedent.

“I am bound by statutes enacted by our state Legislature,” she said.

Darvas also ruled that that the strike was causing or would cause irreparable harm to the students and parents of the district as well as the 1,100 non-teaching employees of the district who do not get paid or receive benefits while the schools are closed due to the strike, as well as noting the legal obligations of the school to provide an education.

“The school district has the legal right and legal responsibility to provide educational services,” she said.

District Communications Director Becky Hanks said the district expects teachers to report for work beginning next week.

“We know our teachers are law-abiding citizens and we expect to see them on the first day of school,” she said.

Negotiations between the two sides through a state-appointed mediator will continue through the weekend.

The KEA membership meeting is scheduled for 2:30 p.m. Thursday. It is not open to the public or media.

“We will review the judge’s decision, and then as a group decide on our next steps,” a statement from the KEA Web site read.

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