Monday’s SF Teacher’s Union Strike Is Probably Unlawful
California labor law says unions can only strike after completing the impasse process. UESF skipped the steps and called a strike anyway.
This is what UESF is doing to San Francisco's kids: locking them out of school for a strike that won't even help teachers. Union boss politics over the children. Illustration: Garry's List
This is what UESF is doing to San Francisco's kids: locking them out of school for a strike that won't even help teachers. Union boss politics over the children. Illustration: Garry's List
TL;DR
UESF is probably engaging in an unlawful strike according to PERB rules. They walked out of fact-finding without a counteroffer—and called a strike that won’t even benefit SF teachers.
California’s Public Employment Relations Board has clear rules: unions can only strike after completing the impasse process. UESF walked out of fact-finding without a counteroffer—and called a strike anyway. This is borderline malfeasance on the part of the union.
The Legal Case Against UESF’s Strike
PERB Decision 2094-H couldn’t be clearer. According to Slote, Links & Boreman, a law firm specializing in labor relations: “employee organizations possess the right to strike, provided the union has gone through bargaining to impasse. If a union calls a strike short of completing the impasse procedure, the action will be unfair labor practice.”
UESF walked out of the fact-finding session without even making a counteroffer. To claim an “unfair practice strike” exception, the union bears a heavy burden—they must prove not only that SFUSD committed an unfair practice, but that it actually provoked the strike. Good luck with that when the district offered 6% raises which is exactly what the independent commission says the state will allow under state control.
The stakes are high: if PERB rules this strike unlawful, SFUSD could recover direct strike damages including replacement worker costs.
It’s Not About SF Teachers—It’s About CTA Solidarity
This strike is political theater for the California Teachers Association. At least 32 districts across California are facing potential strikes simultaneously. This is coordinated political brinksmanship by CTA, not local bargaining.
Union sources confirm they’ll accept the existing offer after a few days of striking. They’re going to disrupt the lives of 30,000 San Francisco families for no material change in their own situation. If they don’t return to the table, we know what this was really about: UESF pleasing their Sacramento state union CTA. Putting union boss politics over the kids again.
The Math Doesn’t Work—And UESF Knows It
SFUSD is under state fiscal oversight. According to the SF Chronicle, the state can reject any deficit-creating contract. The district is already expected to spend $52 million more than revenue this year, with reserves depleted by 2027-28 without a balanced budget.
The district is already offering 6% raises over two years plus fully funded dependent healthcare at no cost to educators. That’s a real offer. But UESF walked out without a counteroffer. The state would likely reject UESF’s demands even if the district caved.
Fighting for Sabbaticals While Schools Close
They are fighting to hold onto sabbaticals. And we’ll keep schools closed so they can have six-month and year-long paid breaks.
According to the Chronicle, sabbaticals cost SFUSD $5.4 million per year for just 62 teachers—compensation that is not common in other districts.
Meanwhile, SFUSD has lost 4,000 students since 2019. San Francisco now has roughly 30% of kids in private schools—the highest rate in California. Every bad policy accelerates the death spiral.
Lurie Is Right: Get Back to the Table
Mayor Daniel Lurie made his office available day and night to reach an agreement. He asked for three additional days of negotiation to keep kids in school.
Archived tweetFor the past week, I have been in direct communication with UESF and the school district, and I have continued to provide support from the city to help them come to an agreement. Both sides made important progress yesterday, and I am incredibly appreciative of the hard work of our educators and the district. Now, it is critical that they continue the conversation so our kids can stay in school. I have made my office available to both parties, and I have told them that I will be available—day and night, as long as it takes—to reach an agreement that supports our hardworking educators while keeping the school district on the path to fiscal stability. In the scenario that an agreement cannot be reached today, I have asked both UESF and the school district to agree to three additional days for conversations to continue—that would allow kids to stay in the classroom and the adults to keep talking. Our students and our parents need certainty ahead of tomorrow. I know everyone participating in these negotiations is committed to schools where students thrive and our educators feel truly supported, and I will continue working to ensure that.
Daniel Lurie 丹尼爾·羅偉 @DanielLurie February 08, 2026
Even Nancy Pelosi urged continued engagement: “Our teachers are custodians of our children five days of the week and they deserve our support, our students need continuity and our families deserve certainty.”
UESF’s response? Union President Cassondra Curiel was unmoved: “We will be going on strike Monday absent a signed agreement.”
This will be the first SF teacher strike since 1979—nearly 50 years. The last one lasted seven weeks.
UESF deciding to strike and hurt the educations of tens of thousands of students when there is no expected actual benefit to the teachers is borderline malfeasance. They’re going to strike for a few days, then take the same deal they could accept today. The kids are pawns in a union boss political shell game with Sacramento’s CTA. And if PERB rules this strike unlawful? SFUSD could recover damages. The union bosses are gambling with everyone’s money— and now with PERB on the table, it might be their own.
Related Links
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30,000 Kids Are Pawns in a Union War (Garry's List)
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SFUSD's Equity Lottery Backfired Spectacularly (Garry's List)
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