Teachers Union Faces Sanctions If Illegal Strike Occurs

  In US Labor law, a work stoppage by employees in the term of the existing contract is called a "Wildcat Strike". It carries criminal and civil punishments.  Here's what a trusted legal source says about the actions.

A wildcat strike is a work stoppage that occurs during the term of a collective bargaining agreement without approval of union leadership and in violation of a no-strike clause. Such strikes generally occur because

• labor has specific problems or concerns that have not been satisfactorily addressed by employers or
• workers feel that union leaders are not acting in the best interest of the union members.

It is also referred to as an "outlaw strike".
Despite its statutory recognition of the right to strike, the federal Taft-Hartley Act prohibits some types of concerted pressure. Individuals who participate in wildcat strikes are engaged in unprotected activity and may be subject to employer discipline. Discipline imposed against wildcat strikers must be nondiscriminatory.

Paul Harvey expressed this sentiment in 1990, when Oklahoma teachers did an illegal wildcat strike.

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​ The employer may, however, single out instigators for harsher discipline than is imposed against other participants.

Union stewards and officers may not be given harsher discipline than other wildcat strikers, unless:

• The contract gives the union specific affirmative obligations to attempt to prevent or end wildcats,
• The union authorized or ratified the wildcat, or
• The officer or steward instigated the strike.

An employer may seek an injunction against a wildcat strike, but an injunction will be issued only if the employer is willing to arbitrate the underlying dispute.

  What makes Oklahoma teacher strikes unusual is that the school district administrations are the default labor leaders. They are the real union stewards and at the same time they have masterfully kept the teachers poor and discontent. Now they are 'egging on' the strike and preemptively shutting down the schools to give legal protections to the teachers. Essentially; it's not a wildcat strike when the management effectively stages a shutdown. That's known as a 'lock out' by management.
  The reality is that no one is taking the role of real management. Not the teachers, not the administrators, not the school boards, and certainly not the State Superintendent.
  Essentially, it's now the challenge of the legislators to provide the maturity & taking control of a hissy fit. Will they encourage this lawlessness or condemn it?