Skip to main content

The Oklahoma Legislature Should Shield Kids from Teachers' Union Strikes


Cheered on by teachers’ unions, State Secretary of Education Joy Hoffmeister recently proposed a statewide Covid plan that would have seen schools in 39 of Oklahoma’s 77 counties stop in-person instruction if those counties experienced just 3 Covid diagnoses. Only 3 positive tests in the entire county, and every school district therein would send kids home. Unbelievable.


Fortunately, 4 members of the State Board of Education had the common sense to vote this proposal down (the 3 board members who voted yes should be replaced).


Any excuse, including a low-risk but well-publicized virus, appears to be enough for teachers to stay home from work, but get paid, nonetheless. It seems teachers’ unions have learned well the lessons of their successful 2018 strike: unbending obstinacy and elevation of adults’ economic interests over children’s well-being and educational advancement will not be punished, but rewarded. 


The Legislature should make sure this lesson is unlearned.


It can do so by revising the state’s existing teacher strike law along the lines of model legislation proposed in 1889 Institute’s publication, released today, Walking Out on School Kids: How Oklahoma Law Enabled The 2018 Teacher Strike, And How to Prevent The Next One. The full paper is available here, and a summary is available here.


Government employee strikes have no place in American government. They are fundamentally unjust in our system because they rob the people of their sovereignty. Government can only fulfill the public’s will through the actions of its employees. If an organization such as a union can compel the government to change policy by removing its workforce through a strike, then the union is in control, not the sovereign people. This is unacceptable in a democracy.


Recognizing this fundamental principle, the federal government and most state governments prohibit strikes by public employees. Oklahoma seeks to do so through 70 O.S. Section 509.8. There is a problem, though. Oklahoma’s law is woefully ineffective.


Oklahoma’s teacher strike law does not carry a punishment sufficient to deter teachers from walking off the job. Ask yourself, do you recall any teachers—or the administrators and local school boards who facilitated them—showing any fear at all that they might lose their job when they walked out on kids in 2018? Or that they would pay any price whatsoever for their dereliction of duty? I sure don’t. I remember a festival-like atmosphere at the State Capitol where teachers sang, chanted, and generally had a grand old time at the taxpayer expense. I suspect legislators also remember being shouted down and prevented from doing the business they were elected to do.


Oklahoma’s teacher strike law also only applies in the context of active collective bargaining negotiations, not to strikes aimed at the Legislature. When you consider that the Legislature sets the minimum teacher pay scale in state law, you quickly realize any strike demanding a universal teacher pay raise will never come in the context of an individual district collective bargaining negotiation. It will always seek to influence the Legislature. That makes Oklahoma’s anti-strike law essentially useless.


A final flaw in Oklahoma’s law highlights a special wickedness laid bare during the 2018 teacher strike: the complicity of elected officials, school administrators, and local school boards in fleecing the taxpayer. The anti-strike law places the responsibility for imposing consequences for violations on the local school boards. They are empowered to stop recognizing a striking union as the collective bargaining agent for the district’s teachers. It appears not a single district did this in 2018. Instead, they almost universally adopted policies that facilitated the strike. These are the people who are supposed to be sitting on the opposite side of the bargaining table from the unions. Instead of representing the taxpayer, they bent over backward to ensure no striking teacher would even have to sacrifice to pursue his or her public temper tantrum. This is shameful.


I propose a very simple solution in my paper: a model bill that squarely and clearly bans public employees from going on strike, punishable by an automatic loss of employment and benefits, like pensions. Striking teachers would also have their teaching certificate revoked.


Texas has a very similar law. Guess what? There hasn’t been a single public employee strike in that state since the law’s passage in 1993. Incidentally, Democrats controlled Texas when that law was enacted, holding nearly every statewide elected office and majorities in both houses of the Texas Legislature. There was a day when even champions of organized labor (like Franklin Roosevelt) recognized government employee strikes for what they are, a subversion of government.


Few public figures in Oklahoma distinguished themselves when teachers left parents, employers, and most of all, kids, in the lurch in 2018. While school officials conspired against the citizenry and legislators appeased unions, many parents quietly seethed. And students learned unproductive lessons from prominent adults in their lives about how to get what you want by throwing a fit. 


If legislators decide to correct that shameful lesson and avoid hostage negotiations with teachers going forward, there is a way to do so. It will require them taking their duty to all citizens seriously and enacting something that does more than take up space on a page.


Benjamin Lepak is Legal Fellow at the 1889 Institute. He can be reached at blepak@1889institute.org.

Popular posts from this blog

Eat Your Vegetables: City Council Considers A Well-Disguised Sin Tax

The Oklahoma City Council is considering a well-disguised sin tax. They call it a Healthy Neighborhood Zoning Overlay, but the effect is the same. It limits new dollar stores in the specified neighborhood. The ostensible goal is to create a welcoming environment for grocery stores selling fresh meat and produce. But it accomplishes this goal by giving existing dollar stores a monopoly, which will raise prices, and punish residents for shopping at the purveyors of (allegedly nothing but) junk food, instead of subsisting on fresh, organic kale smoothies like good little citizens. Why would the Council intentionally restrict the supply of stores where many of their residents buy basic household goods and food? Several possibilities present themselves, though none are sound.   A fundamental misunderstanding of the laws of supply and demand. Economists call the current state of the neighborhood a contestable market: dollar stores choose low prices because the mere p...

How I Learned to Stop Worrying and Love Carbon Dioxide

When I was a young child, I remember speculating with my school classmates about how close a nuclear bomb blast might occur if there were all-out nuclear war with the Soviet Union. I grew up about 25 miles from Sheppard Air Force Base , which we all assumed was a potential target of the Soviets. It was an odd, concerning feeling deep in the gut, to contemplate the possibility of suffering radiation poisoning and the end of the world. I wouldn’t wish that feeling on anyone, certainly not little kids, that gnawing deep-down fear that occasionally welled up depending on the news. That’s partly why the fear-mongering over global warming is more than just an aggravation to me. It makes me angry that propagandists like Al Gore have so frightened kids about the future that one has turned herself into an advertisement for depression treatment and anger management . I am especially angry because the truth about climate and carbon dioxide (CO 2 ) is the opposite of what the mainstream news ...

Praise and Criticism of Governor Stitt’s Plan for Reopening Schools

Governor Stitt recently held a press conference to announce his plans for opening Oklahoma’s schools in the face of fear and loathing by many regarding Covid-19. There is a great deal of paranoia surrounding this disease, which the 1889 Institute has attempted to moderate by posting accurate information , in contrast to media more interested in sensation. Despite the fear, Governor Stitt is admirably insisting that schools should open. He cannot overrule local school boards and mandate that schools reopen, and even if he could, it would be impolitic not to take steps to reassure parents, teachers, students, and administrators that schools can be opened and attended safely. So, he has taken extraordinary measures to reassure everyone. His plan includes measures like regular viral testing and provisions for personal protective equipment (PPE). Just about any public policy has unintended effects that decision makers fail to anticipate. Unfortunately, when public policy is being devised, ...

Profile in Failure: Why Can’t Oklahoma’s Kids Read Any Better?

I once met a highly decorated retired Air Force colonel only because he wanted to learn how to teach his grandson to read. This was not because the grandson was being homeschooled. The boy was attending public school in a generally decent middle-class school district in South Carolina, but he was struggling and obviously was not reading well. In researching how to teach his grandson, the colonel embarked on a journey that literally changed his life from quiet comfort in retirement to a one-man grassroots activist. It occurred to the colonel that he was not a particularly good speller himself as he discovered that he and his grandson had been taught reading in basically the same way. This was through the “whole word” method, a system that has gone by a variety of sometimes sophisticated-sounding names, including “Look-Say,” “See-Say,” “Sight,” “Psycholinguistic,” “Word,” “Whole-Word,” and a highly-modified version called “Whole Language.” This involves viewing the written English ...