Under California labor law (California Labor), LAUSD workers are public employees whose right to strike is protected by the California Public Employment Relations Board (PERB). Negotiations to resolve the dispute continue. All involved are mindful that the last LA teachers strike in 2019 shut down schools for 6 days.
More than just teacher pay
UTLA represents more than 30,000 classroom teachers, psychologists, attendance counselors, guidance counselors, nurses and secondary school librarians who are working under a contract that expired last June. In addition to wage increases, UTLA is calling for:
- no layoffs;
- increased hours and staffing for student services;
- protections against subcontracting and artificial intelligence that might replace educators;
- smaller classes;
- more mental health and special education staff and counselors; and
- expanded arts and physical education programs.
Local 99 represents more than 30,000 district employees, including teacher aides, bus drivers, cafeteria workers, computer techs, custodians and gardeners. Their members include some of the district’s lowest-paid workers. They have been working under the terms of an expired contract since June 2024.
The service workers seek a double-digit wage increase over a three-year contract. Some of these raises would be retroactive to cover the last two years. In addition, Local 99 seeks stable work schedules because many of its members have had their hours reduced due to budget cuts. In some cases, these workers fell below the threshold of hours needed to qualify for health benefits. The union says the average salary for its members is $35,000 per year.
“You cannot have good schools if the people doing the work are worried about whether they’re going to have a place to sleep or whether they’re going to have something to eat,” said Max Arias, the executive director of Local 99.
AALA represents about 3,000 principals, assistant principals and central and regional office middle managers. AALA membership recently voted to affiliate with the Teamsters. “We’re fighting for the same things,” said Maria Nichols, AALA president. “All of us feel that the district’s priorities when it comes to investing in human capital have fallen short.”
The work stoppage, if it happens, would last until an agreement is reached. In total more than 60,000 essential district workers would walk off the job.
Turmoil affects workers, students and families
The open-ended strike would affect close to 400,000 students in the nation’s second-largest school system and an estimated 32,000 students in the adult school. It would mean crippling school operations.
Supt. Alberto Carvalho is currently on paid administrative leave following an FBI raid on his San Pedro home and downtown L.A. office. He has previously described the troubled district budget as at its “breaking point.” Earlier this year, the school board approved a reduction in force that could result in roughly 650 layoffs.
PERB protects public employees right to strike
In 1985, the California Supreme Court stated that public employees have a basic right to strike, unless it is clearly shown that the strike poses a substantial, imminent threat to public health and safety.
PERB covers employees of California’s public schools, colleges, and universities. Workers can file unfair labor practice charges with PERB if their rights are violated, such as bad faith bargaining. The law also ensures compliance with the Educational Employment Relations Act (EERA), governing teacher contracts.
PERB guarantees public employees a “statutorily-protected right to strike“ under public sector labor laws. An employer cannot impose a no-strike clause, even after bargaining in good faith to a genuine impasse.
Negotiations continue
READ MORE CALIFORNIA LABOR LAW LEGAL NEWS
Although the parties seem far apart, negotiations to avoid a strike continue. LAUSD maintains that it has adjusted its offers multiple times in response to union demands, and it has agreed to forgo subcontracting for work traditionally and exclusively performed by those in bargaining units. The district claims to be “committed to reaching agreements that balance the needs of students, families, and staff while ensuring long-term fiscal stability.”
None of the parties want a strike. Acting Superintendent Andres E. Chait has acknowledged, however, that “on a very practical level, when you have three unions – UTLA, SEIU and AALA – who have all indicated that they would strike together, it is exceedingly difficult, if not nearly impossible, to maintain schools open.”
Source link
