Last week, a California district was shut down for three days, leaving nearly 422,000 students out of school as more than 60,000 school employees took to the picket lines demanding better pay and respect. Now, concerns rise over the legality of the strike.
SEIU Local 99, the union representing nearly 30,000 district employees including bus drivers, food service workers, teacher aides, special education assistants, custodians and teacher aides, decided to strike citing “unfair labor practices.” Yet, some are questioning whether unfair labor practices have occurred. These practices have yet to be adjudicated, and the union could be penalized if they’re proven illegitimate.
Local 99 was also joined by the United Teachers Los Angeles, a group of nearly 35,000 teachers, therapists, counselors, nurses and librarians. The collaboration is what forced the shutdown of Los Angeles schools.
Ellen Wu, an outside attorney for L.A. unified, told the Los Angeles Times that the district is awaiting legal determinations on the district’s labor board cases against the unions, even though a settlement has already been agreed upon.
The unions involved in the strike, however, walked out before completing the negation process, so “not only have innocent children and their families been held hostage and suffered terribly,” Wu told the L.A. Times, but they’ve “put LAUSD in an impossible situation.”
“If this violation has no consequences or remedies, then there is no negotiation process to follow in the future for any union,” Wu added.
A spokesperson for Local 99 told the L.A. Times that the district’s pursuit of the labor board case is just another jab at its employees.
“This is yet another attempt by LAUSD to silence the voices of workers,” said Blanca Gallegos. “The three-day strike proved that workers will not be stopped in their demands for respect. LAUSD must focus on ending the harassment and intimidation of workers instead of engaging in legal tactics intended to further discredit their voices.”
According to J. Felix De La Torre, general counsel for the California Public Employment Relations Board, the next step in the process would be a trial before an administrative law board, the L.A. Times reports. This would allow the district to present evidence that the strike was illegal. The unions would also be able to make their case.
Although the district has denied the allegations of unfair labor practices, Local 99 has accused LAUSD of impeding the union’s right to partake in legal union-related activities. According to the union’s announcement and the L.A. Times, the district allegedly did the following:
- Conducted surveillance on union members.
- Intimidated and harassed members.
- Denied release time to participate in bargaining.
- Retaliated by poorly evaluating and changing assignments for union-related activities.
“What it means is we look at the facts by the district against the unions,” De La Torre told the L.A. Times. “If those facts were proven true at an evidentiary trial, with witnesses and documents, would it amount to a violation of state law? And if the answer would be yes, we issue a complaint. That’s what we’ve done so far.”
More from DA: Prying parents or informed citizens? Why schools are neck-deep in public records requests
