What is a strike?
A strike is an organized stoppage or slowdown of work by employees to compel an employer to meet the employees’ demands; a strike is sometimes referred to as a “walkout.”
What is a “scab,” anyway?
“Scab” is a term used to describe someone who works under conditions contrary to a union contract, especially one who crosses a picket line to replace a union worker during a strike. The District cannot permanently replace you while you are on strike. Additionally, we will be reaching out to substitutes to make sure they know about the strike, and telling them not to scab.
It’s important to communicate the impact of crossing a picket line to those we know may scab to help the district keep operations running. “Crossing the picket line” undermines the efforts of your colleagues to create favorable working conditions, both now and for future generations of employees.
Can negotiations take place during a strike?
Yes. The parties can meet during a strike to continue negotiations. In fact, the purpose of a strike is to expedite negotiations and reach a successful and mutually-satisfactory settlement.
Could I lose my job if I strike? Isn’t Colorado a “right to work” state?
Unlike workers in most “right to work” states, Colorado has protections for public workers who engage in collective action to improve their working conditions - including strikes. It is unlawful to fire an employee for taking collective action to improve their working conditions - including going on strike during a collective bargaining dispute.
I’m a probationary / working on an alternative license – am I more vulnerable?
Just like nonprobationary teachers, if the school board wishes to terminate a probationary teacher during the contract year, it must prove one or more statutory reasons for dismissal. The probationary teacher, like their nonprobationary colleagues, is entitled to a hearing to challenge the board’s assertions. Termination for participation in a strike would be a violation of the Protections for Public Workers Act.
Probationary teachers are subject to nonrenewal at the end of the contract year for any reason at all (or no reason). One exception to this general rule would arise in the event that a probationary teacher was nonrenewed because he/she participated in a lawful strike. A probationary teacher who suspects he/she might be nonrenewed because of his/her support for the strike should maintain documentation of emails, letters, conversations, etc. that prove a connection between the strike and the nonrenewal.
Are classified / ESPs protected in a strike? Aren’t they At-Will employees?
It is illegal to retaliate against any worker, including non-licensed staff, for going out on strike. ALL employees of a public school district in Colorado are protected under the Protections for Public Workers Act when taking collective action to improve their working conditions - including during a strike.
Can the boss retaliate against me for participating in a Strike?
No. It is illegal to retaliate against workers for going on strike. Additionally, when an agreement is reached, bringing the strike to an end, the Union will insist that it includes a no reprisals clause, assuring that no one who has supported the strike will be punished in any way - including through evaluations or disciplinary action.
If you feel you are being retaliated against because of your support for the strike, keep documentation, as described above.
I’m near retirement. Could I lose my retirement benefits if I go on a strike?
No. You can’t lose your vested retirement benefits which you are entitled to collect under PERA policy.
What will happen with my health insurance if we go on strike?
Your premium is paid a month in advance, so if the strike lasts less than a month, you will see no change to your insurance benefits. If the strike extends beyond one month, the school board will be required by federal law (COBRA) to offer you the opportunity to continue your insurance coverage at your own expense. Additionally, the strike fund will be available to people who have emergency costs related to medical needs.
Can the District withhold pay for each day we’re on strike?
Yes, the District will likely withhold pay during a strike. As a condition of returning from strike, unions will often negotiate for strikers to be paid for the time they were on strike. Information on how to access the Strike Fund for financial assistance during the strike will be shared with all members.