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this post was submitted on 16 Nov 2023
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Making it illegal for people to strike seems to violate our rights for freedom of expression. Or am I misinterpreting that right? I’m a little fuzzy when it comes to precedents and shit for laws and rulings
Striking is not the same as speech. It goes far beyond. They can't stop teachers from protesting or speaking out. No law could do that. They can, however, immediately fire and replace anyone who refuses to work, absent strike protections. They can call in the Pinkertons to break picket lines absent strike protections.
It's not about expressing themselves. It's about collective bargaining with the threat of the employer fully losing access to the labor if they refuse.
And the NLRA specifically does not cover public sector employees, so they can absolutely ban teachers from striking. They shouldn't, but they certainly could.
You would think, wouldn't you? But this approach is quite common. Biden's "deal" to prevent the rail strike was to make it illegal for them to strike. Air traffic controllers were also legally prevented from striking in the 80s, but did a wildcat strike anyway. Reagan fired all of them and then banned them from ever being rehired.
Sources for your Biden claims please.
Biden signs bill averting rail worker strike despite lack of paid sick days
The Democrats basically didn't want to have a holiday rail strike on their hands. It would have been a disaster, politically. Unfortunately, railway union workers got the short end of the stick, much like in earlier rail strikes. I've been watching the /r/railroading subreddit since then. There has been some progress, but it hasn't been the grand bargain that was desired out of a strike.
I could see some groups where a ban on strikes could be reasonable. Police, fire brigade, and ambulance come to mind. Even then though, it should be controls, not absolute. e.g. fire brigade have to give the army time to mobilise and prepare to cover for them. Teachers are not one of them. An absolute ban is just an invitation to drive work conditions into the floor, and cripple the service...