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/ AG opinion: Teacher strikes ‘forbidden’

By: Howard Fischer, Capitol Media Services April 18, 2018

FILE – In this April 11 2018 file photo, teachers at Tuscano Elementary School stage a “walk-in” for higher pay and school funding in Phoenix. Arizona teachers began to vote Tuesday, April 17 on whether to walk off the job in their push for more funding for education. (AP Photo/Ross D. Franklin, File)

Empowered by successful walkouts in other states, Arizona teachers began three days of voting Tuesday on whether to follow suit here.

But if they do decide to walk — a decision is promised Friday — they will be acting illegally. And they run the risk of simply being replaced as having abandoned their jobs — and possibly having their certificates to teach revoked.

There is no Arizona law that precludes teachers from walking off the job. So there is no danger of being arrested — or even being found in contempt should the state or local districts try to seek a court order to force teachers back to work.

But it’s not that simple.

“Under the common law, strikes by public employees are forbidden,” wrote Gary Nelson, who was the attorney general in 1971. He said a strike by public employees is considered “an act against the public itself.”

As to the penalty, that gets a little trickier.

Nelson said Arizona law appears to say that a teacher who strikes after signing a contract has effectively resigned. And he said state law makes it illegal to resign without first getting the approval of the local school board.

More to the point, Nelson said a teacher who resigns without that approval is guilty of unprofessional conduct. And that, in turn, allows the state Board of Education to revoke that person’s teaching certificate.

“That’s something we have communicated out to all our members so they understand the risk that if you’re not at school when you’re supposed to be at school, there can be repercussions,” said Joe Thomas, president of the Arizona Education Association.

“What everyone understands is the district could terminate you,” Thomas said. “And the district could go after your (teaching) certificate.”

“We’ve told everyone that there are no guarantees,” said Derek Harris, one of the organizers of Arizona Educators United. And he said teachers cannot rely on statements of support for the movement from school superintendents as evidence that their jobs will not be at risk.

But Harris said the teachers do have something going their way.

“We’ve worked on the assumption that they can’t fire all of us,” he said. And Harris said even the eased rules on who can teach won’t bail out schools.

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This is a tutorial introduction to assertional reasoning based on temporal logic. The objective is to provide a working familiarity with the technique. We use a simple system model and a simple proof system, and we keep to a minimum the treatment of issues such as soundness, completeness, compositionality, and abstraction. We model a concurrent system by a state transition system and fairness requirements. We reason about such systems using Hoare logic and a subset of linear-time temporal logic, specifically, invariant assertions and leads-to assertions. We apply the method to several examples.
$4.43 (USD)
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Release date: 1993
Format: PDF
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Language: English
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