A wildcat strike is any strike not sanctioned by the local or national union. Sometimes they are about local issues— fired reps, forced overtime or unpaid wages (SFUSD!) but others are to protest a ‘sell-out’ contact, or like the OUSD wildcat, to pressure the employer and the union in contract negotiations. Almost all union contracts  (in the U.S.) have ’no-strike’ clauses, obligating the union not to strike for the duration of the contract— with significant legal and financial penalties if they do.  This was not true in the 30’s and 40’s; local disputes could lead to immediate local walkouts.  California K12 bargaining puts the no-strike-during-contract into the law and makes the procedure for a legal strike both longer and less under the union’s control.

Under the Rodda Act (1975) public school K12 educators can only strike following initial proposals and public comment (‘sunshining’), then bargaining, then impasse, then mediation and then fact-finding. Bargaining can be short or long.  Either side, but usually the district, can drag it out with cancelled meetings, proposals on secondary topics, or just conferencing with their team for most of the negotiating session. (Once I was ‘in bargaining’ and away from class for a whole school day but was only actually in a room with the district team for 10 minutes.) Mediation and fact-finding have timelines but these are not always met. So it’s a long road to a legal strike and that makes it difficult for the union to plan and organize. OUSD seems to be trying to run out the clock for this school year, hoping that things cool down over the summer and knowing that (as always) hundreds of new teachers will be hired.  

Wildcat strikes and sick-outs are very useful in this situation, putting pressure on OUSD while bargaining is still going on. The union can’t legally organize any strike until all the procedures are completed— so it’s up to organized activists who are not union officers to make them happen.

     David de Leeuw, OEA retired