WSR 05-22-018

ATTORNEY GENERAL'S OPINION


[ Filed October 24, 2005, 2:41 p.m. ]


NOTICE OF REQUEST FOR ATTORNEY GENERAL'S OPINION

WASHINGTON ATTORNEY GENERAL



     The Washington Attorney General issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the Attorney General's Office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on a request listed in this volume of the register, you should notify the Attorney General's Office of your interest by November 23, 2005. This is not the due date by which comments must be received. However, if you do not notify the Attorney General's Office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. You may notify the Attorney General's Office of your intention to comment by calling (360) 664-3027, or by writing to the Solicitor General, Office of the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you will be provided with a copy of the opinion request in which you are interested; information about the Attorney General's Opinion process; information on how to submit your comments; and a due date by which your comments must be received to ensure that they are fully considered.

     The Attorney General's Office seeks public input on the following opinion request(s).


05-10-04 Request by Toby Nixon
State Representative, 45th District

     1. Is there a common law right for an employee to go on strike?

     2. What are the potential consequences for an employee who chooses to go on strike?

     3. Do individuals who choose to seek and obtain employment by state or local government in Washington forfeit the right to strike unless specifically granted to them in statute?

     4. Which government employees in Washington, if any, have been specifically granted the right to strike?

     5. Specifically, have teachers in Washington been granted the right to strike by any statute?

     6. Are teacher strikes illegal in Washington?

     7. If a teacher or other government employee goes on strike, what penalties may apply? What other remedies are available?

     8. If a union or union official incites or encourages an illegal strike by teachers or other public employees, are they subject to any penalties? If so, what penalties or remedies are available?

     9. Do any provisions of the federal or state constitutions, or federal statute, prohibit the Legislature from establishing personal penalties for teachers or other public employees who go on strike?

     10. Do any provisions of the federal or state constitutions, or federal statute, prohibit the Legislature from establishing penalties for unions or union officials who incite or encourage teachers or other public employees to go on strike?