Several opinions were published about the teachers strike in Guyana. I offer some contrasts with the law pertaining to striking educators in Guyana with those of the New York public school system and with other public workers in America. There is relevance as thousands of Guyanese have been employed as teachers or educators in NYC since the 1980s. Almost a half of teachers and educators in NYC public schools are estimated to be West Indians. I taught for over thirty years with the New York City public education system starting in 1984. Some two thirds of my tenure were served as union leader of UFT at my place of work for class room educators numbering over 150. As such, I am very familiar with rights of teachers, strikes and consequences.
I voted multiple times to go on strike and organized staff on the picket line as well as to walk off the job. Unlike in Guyana, in NYC and in America, by law, public workers do not have a right to strike. They are allowed to form and join unions but not to go on strike. Defying the law can lead to serious penalties.
The laws pertaining to US federal employees and state or city workers did not or do not mean they could not go in strike. The penalty for going on strike was and remains severe, including de-recognition of the union, arrest and imprisonment of the leader, heavy fines for the union and its leader as well as for the striking workers, termination of everyone on strike, among other penalties. Teachers who went on strike in 1970s were fined two days pay for every day off the job and the union was rendered bankrupt. Same happened to other unions.
When aviation or air traffic comptrollers went on strike in 1981, they were replaced by comptrollers from the Air Force and Ronald Reagan terminated the strikers. The federal government was ready and prepared for the strike, training members of the Air Force to perform the task. President Reagan stated that workers had a right to strike for improved benefits but that federal employees were prohibited by law to walk off the job. Reagan fired them, and they had to reapply for their jobs when the strike was settled. In other public services, it is difficult to replace striking workers. For example, when teachers in New York went on strike in the 1970s, they were also terminated. But since they could not be replaced, the city immediately rehired them when the strike was settled; parents and elected legislators pressured the city government to end the strike. The same happened when teachers went on strike in other cities. When NY transit workers went on strike on at least three occasions over the last fifty years, the transit union suffered heavy penalties and the leader jailed as well as fined. There were several other cases when public service workers went on strike and met similar consequences. In all the cases, the government stopped collecting and remitting dues to the union. And in all cases, striking workers were rehired and unions re-recognized with all rights and privileges including resumption of collecting and remitting dues when there was settlement of the strike.
To be a teacher in America, one has to be certified and licensed with initially an undergraduate degree from an accredited university or college and at least one Master’s degree or PhD for full licensing plus passing national teachers exams. Each locality has its own certification and minimum credentials. Unlike for other professions, striking teachers are not decertified and as such can return to the teaching profession unless they refuse to return to teaching in which case they lose their licenses and certification. Teachers who struck in NY were fined two days pay for every day off the job. But when the strike was settled, the fines were either waived or the teachers were given opportunities before and after official duties to recoup the equivalent fines. Lost salaries were also made up. Students were given extra lessons to make up missed instruction. Union fines were also waived and record of the arrest and jail of the leader was cleared.
The unions called strikes after prolonged periods of failures by governments to agree to a wage increase and other benefits. There were periods of time when teachers contracts were outstanding for over years. Mayor Giuliani, for example, refused to grant a pay increase or a new contract. Unlike in Guyana, unions tend to endorse politicians for elective office. Most unions are Democratic affiliated. Giuliani, a Republican, refused to grant a contract to teachers probably because the union endorsed his Democratic opponent. The teachers got a generous package from Giuliani when he was endorsed by the union for Governor. Mayor Bloomberg also resisted granting teachers a pay raise for some seven years; the union endorsed his opponents. When the Democratic Mayor replaced Bloomberg who was term limited, retroactive increases were granted.
Unions did go to court or sought other legal redress when government refused to negotiate in good faith. Unions were justified to call strikes in public and private sectors when employers refused to engage the unions as the legal bargaining agent. The employers are prohibited by law from negotiating or bargaining or meeting with teachers without union representatives. Courts tend to be sympathetic with unions that used strike as a last resort. Unions must have the weapon of withholding labor when employers disrespect or disengage workers as even Reagan admitted. Salary increases were retroactive to the date the last contract expired. In America, the expired contract remains in effect till a new contract comes into effect.
As I understand the judge’s ruling in Guyana, stand to be corrected, striking teachers and the union have not been penalized for going on strike because the judge felt the state agency did not bargain in good faith. Judges in America were known to be sympathetic to striking public service workers when the state refused to bargain in good faith. Politicians also tend to rally with striking workers because they want the union’s endorsement, and they don’t want to anger workers who may vote against them. In America, unions are politically aligned and politicians tend to support workers. In Guyana, unions are similarly aligned. They tend to be racially dominated and affiliated with one or the other major race based party. one would be naive to say union party affiliation does not impact on collective bargaining. It does in USA.
Students and families are hurting in Guyana during the ongoing strike. The state and the teachers union must return to the table and bargain in good faith to end the strike.
