SF Politicians · State Politicians · Budgets & Fiscal Policy

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.

By Garry Tan · · 5 min read

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.

THE GROWSF TAKE

While we agree teachers need to be paid more, UESF is demanding a contract that SFUSD cannot legally agree to under state oversight. This is political brinksmanship and we think UESF is not negotiating in good faith. Rather than engage in fact-based bargaining, UESF is engaged in magical thinking that will put kids out of school, risk the district's financial stability, and not achieve the union's stated goals.

This strike is still avoidable, though. UESF needs to come back ...
GrowSF's sources inside the union confirmed the cynical truth: they'll strike for show, then take the same deal.·Source: garryslist.org

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.

Currently, sabbatical leaves — which are available to teachers after seven years in the district — cost San Francisco schools $5.4 million per year for 50 full-year leaves and 12 half-year leaves. The AP prep periods cost $6.5 million for 64 teachers with more than one AP class and $1.5 million for 60 department head prep periods, according to district data.

That equals $13.4 million spent on 186 educators and for compensation that is not common in other districts.

Each 1% salary increase f...
The numbers tell the story: $13.4 million for 186 educators' perks while schools close and families flee.·Source: x.com

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.

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.

Take Action

Read the full SF Chronicle coverage

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