GAEA STRIKE VOTE FAQ

• Do I have legal protection to strike? Yes. Every certified bargaining unit employee at GAPS, regardless of whether they are a dues-paying union member or not, has the legal right to strike and cannot be disciplined/retaliated against for taking part in union activities, including a strike.

• What about my right to return to work after a strike? Your return to work from a strike will be negotiated between our union and GAPS Management as part of a tentative agreement. Management is legally barred from retaliating against workers for striking. 

• What if I am probationary?  The same rights apply to probationary teachers. The District cannot terminate you or non-renew your contract for going on strike. The District would be breaking the law to retaliate against those participating in a strike.

• What can subs do to support permanent teachers? Subs might have the right to not take assignments for the duration of any lawful labor action.  Subs who actively participate in strike activities receive the same strike benefits as members, about $120 a day. Temps & Subs also become part of the GAEA bargaining unit if they are hired into a temporary position of more than 75 contract days.  If they are hired into a position and its unknown if it will last 75 days, they join the bargaining unit as soon as it is determined that it will last more than 75 days.

• Do we have a Strike Fund?  Yes. Members who actively participate in a legal, sanctioned strike receive around $120 per day from the OEA Relief Fund during the Strike.  

• Can the District withhold my healthcare benefits during the strike? Typically, if you work the first day of November your premium has been paid and you will receive health benefits for the entire month even if you go on strike. It would be unlawful for the District to take away healthcare benefits you have already earned, just because you go on strike.  School Districts very rarely attempt to remove health benefits during strikes. But if the District attempted to do so, our Strike Fund may cover premiums or COBRA.  

• Can I use vacation or personal time off during the strike? No. Teachers cannot use vacation or personal time off while simultaneously striking. Teachers will have access to the Strike fund and the District can withhold pay for work duties not performed.

• What if I have approved leave?  If you are on an OFLA/FMLA or Paid Leave Oregon leave that starts before the first day of the strike, you can remain on leave for the duration of the strike if you have approved medical documentation for that time period.  If you finish your leave in the middle of the strike, you can then go on strike.  Legally the District might not allow you to access paid sick leave accruals if you get sick during the middle of the strike. Employees on OFLA/FMLA leaves are still legally allowed to participate in pickets as long as it is consistent with your medical restrictions.  If you cannot walk a picket line due to a broken leg for instance, you can still sit at a check in table or other modified ways to participate.  Legally, if you are on parental leave, you can come to the picket lines.

• What about our classified staff in GA-ACE?  They cannot strike.  Unions that are not on the same bargaining timeline and have a no strike clause in their contract cannot legally strike with us.  We think it would be dangerous if the District attempts to continue operations during a strike, but should they try, GA-ACE unit members under contract cannot legally participate in a strike.  All classified in GAPS will report to work as usual, but may be sent home or assigned modified duties such as serving sack lunches for pick-up by families with the schools closed.

• Who decides if we go on strike? Your Bargaining Team needs to see that almost everyone votes to authorize a strike. Non-members can vote. A vote would authorize your Bargaining Team to call a strike if a fair tentative agreement cannot be reached and it makes the most strategic sense. Abstaining from the vote is the same as voting against a strike. Also, to ratify a new agreement will also require a vote of all dues paying members.