CHARLESTON – West Virginia Attorney General says he remains ready to take action regarding the statewide teacher and school service personnel walkout that now has been going on for more than a week.
“I’ve been very clear that I’ll step forward,” Morrisey said March 1 during a press conference. “I’m prepared to take action. Our office just needs authorization from another state agency.”
Before the walkout began, Morrisey called it illegal.
“Our teachers and school service personnel are among the state’s best and brightest, and I wholeheartedly support their cries for higher salaries and affordable healthcare, however a work stoppage of any length on any ground is illegal,” Morrisey said in a Feb. 21 statement. “Let us make no mistake, the impending work stoppage is unlawful. State law and court rulings give specific parties avenues to remedy such illegal conduct, including the option to seek an injunction to end an unlawful strike.
“This illegal work stoppage affects hundreds of thousands of students and families across our state. Our office is prepared to support any relevant state agency or board with legal remedies they may choose to pursue to uphold the law.
“We also stand ready to assist and support any county board of education or county superintendent as they enforce the law.”
Morrisey’s didn’t mention if his office had been asked to seek an injunction or any other legal move.
“Any such action would be consistent with my duty as attorney general to uphold the rule of law and designed so as to ensure our students have access to the education they are entitled to by our state’s constitution,” he said. “Breaking the law does not set a good example for our children.”
On March 1, Morrisey said he could not talk about any discussions he’s had with state agencies or if such talks have happened.
He did say his involvement could be in a variety of ways.
“We could represent the state superintendent of schools or the state Board of Education,” he said. “We even could represent local county school boards. We could file amicus briefs just so people know the nature of the law.
“But again, it’s premature to speculate. It all would depend on the nature of the action by a county or the state. But, I would have to have authorization from a state agency first.
“I think we’re all waiting. If we get word, we’ll proceed.”
Morrisey said he did sympathize with the concerns the teachers and school personnel have.
“I think teachers have been expressing a lot of concern over a lot of issues,” he said. “I think we need to do more so teacher salaries are more competitive, especially with the states that we border.
“There’s a deep reservoir of anger, and I understand where that’s coming from. I’ve expressed sympathy. But as attorney general, my job is to enforce the law.”
He said he hopes the matter is resolved soon.
“I believe kids and teachers need to be back in school,” Morrisey said. “I’m hopeful the governor and the Legislature can come to some agreement.
“I think everyone wants that. We’re going to see how this plays out.”
Teachers last staged a walkout in West Virginia in March 1990. Teachers in 47 of the state’s 55 counties took part, and it lasted 11 days. That strike triggered in a special legislative session focusing on education, which resulted in several changes to the state public school system.
Then-Attorney General Roger Tompkins issued an option to then-State School Superintendent Hank Marockie. It was based on previous rulings from the AG’s office, and it cited a 1970 federal ruling backing Gov. Arch Moore’s decision to fire striking state road employees.
“There is no right to strike against the state,” Tompkins said. “Thus, any strike or concerted work stoppage by public teachers of this state is illegal.”
It also cited an earlier state AG opinion.
“In our educational system we are not making cars or chemicals and we are not manufacturing televisions or trucks,” it stated. “Instead, we are, in fact, determining the very future of our State and our Nation.
“This is as much the responsibility of the school bus drivers, cooks, janitors, teachers’ aides, maintenance men, clerical and other employees as it is the teachers and administrators.”
Also, a 1990 state Supreme Court opinion upheld a Jefferson County preliminary injunction to end a teacher work stoppage. But it didn’t mention possible ramifications for the teachers who walked out.
“Public employees have no right to strike in the absence of express legislation or, at the very least, appropriate statutory provisions for collective bargaining, mediation, and arbitration,” it stated.
