re: #389 Dark_Falcon

If I were a governor, I’d answer that with legal action to punish any teachers taking part for in such a wildcat strike in violation of their contracts allied to aggressive police enforcement for trespassing and disorderly conduct laws to handle picketers. I’d also see if such a coordinated labor action in violation of contract could be dealt with under my state’s version of RICO.

Which tells me you don’t even really know the law. A wildcat strike is not one done “in violation of contracts”. “No-strike” clauses in contracts are, at best, interesting.

A wildcat strike is a strike done without the involvement of the union officials.

Interestingly, if there is no union it still cannot be a wildcat strike.

The sum total of action that can be taken for this strike is the teachers can be fired. That’s it.

Can they be charged with criminal trespass? That depends on where they put the picket line. And the really fun test cases come when the property is (nominally) public - such as school grounds.

Can you hit them with a state RICO? Need to show they’re conspiring to commit a crime - and striking is not a crime.

It is not illegal to negotiate for better benefits, nor is it illegal to take your case for benefits and conditions to the press.