The Kent School District filed a complaint in King County Court at 1 p.m. today (Tuesday) seeking to force teachers to end their strike and go back to their classrooms.
The district is requesting an injunction directing teachers to go back to their classrooms.
According to Superintendent Edward Lee Vargas, a hearing is scheduled for 2:30 p.m. tomorrow (Wednesday) in King County Superior Court. The Reporter is confirming the city in which that hearing will take place.
“Washington common law is clear,” Vargas said at a press conference Tuesday at the district office.
“Strikes by public school employees are illegal.”
The Kent Education Association voted Aug. 26 to go on strike after contract negotiations between the union and the district broke down and a week’s worth of talks with a state-provided mediator failed to reach a settlement.
The two sides have been meeting since April, but still remain far apart on several issues.
School was scheduled to start this past Monday in Kent.
“Please know this was not an easy decision,” Vargas said at Tuesday’s press conference. “This illegal strike not only hurts our students, but it also impacts our working parents who must seek care for their children while they are on the job.”
Vargas also said the strike affects more than 1,100 other district employees, who get paid only when school is in session, and that missing a paycheck or the loss of health benefits could be “potentially devastating” to those employees.
He also said the strike impacts 10,906 students in the district who would normally receive free or reduced breakfast and lunch. The district has, however, extended the summer feeding program until the strike concludes.
The district’s injunction request names the Kent Education Association President Lisa Brackin-Johnson and the union executive board by name.
“The district has refused to deal with us at the bargaining table and now they are running to the courts,” Brackin-Johnson said following Vargas’ press conference. “Courts cannot fix the issues.”
According to the complaint, the district is seeking an injunction based on Washington law, which states that public employees cannot strike. Courts have repeatedly ruled and attorneys general have concurred that teachers are not exempt for the provision.
In Marysville in 2003, an injunction was issued by Judge Linda C. Krese for the Superior Court of the State of Washington for Snohomish County, ordering the Marysville Education Association back to work or to face a penalty of $250 per teacher per day and $1,000 per day from the union.
In 2006 Attorney General Rob McKenna released an opinion which also concurred that public employees, including teachers, do not have the right to strike.
Vargas said the district has responded to each of the KEA’s proposals and said there have been 16 tentative agreements of proposals brought forth by the union. According to a package provided by the district, those agreements include issues such as violent students, maternity/paternity leave, layoff and recall language and a $5,000 stipend for specialists that have achieved national board certification.
Asked about statements form the union that there district has not responded to any of the union’s concerns, Brackin-Johnson said “They have done nothing.”
“The sticking point is the district,” she said. “They are not answering or responding to our proposals.”
Brackin-Johnson also accused the district of spreading “misinformation” and being “disingenuous.”
District Communications Director Becky Hanks disagreed.
“The district and the board have heard these concerns,” she said of the union’s issues of “time, workload and compensation.”
“While it may not be the specific response (they wanted), there has been response.”
The district has offered several proposals regarding compensation, as well as addressing time and workload, Hanks said, but union members, including lead bargainer Mike McNett, asked why the union has not received a new proposal or response to theirs since Sunday.
However, the union’s proposal, dated Aug. 30, was delivered to the bargaining table 5 p.m. that day, according to the district, which the union isn’t disputing. The proposal stated that if not accepted as a whole on Aug. 30 it would be withdrawn.
Brackin-Johnson said she was “a little bit” surprised the district sought legal means so soon (the Marysville strike lasted 50 days before the district went to court) and said she expected the judge to send the two sides back to the bargaining table.
During his press conference, Vargas was repeatedly interrupted by teachers and supporters who forced their way into the board room and booed and heckled him as he was speaking. Kent Police officers then escorted the superintendent through the rows of teachers.
After the press conference, Brackin-Johnson said it was “premature” to make a statement on going back to class until after a judge’s ruling, but when a general question about returning to class was proposed to members in the room, an overwhelming “NO!” response came back.
“They can’t replace all of us!” shouted one person.
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