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Attorney General: Teacher strike is illegal

Patrick Morrisey

CHARLESTON, W.Va. — West Virginia Attorney General Patrick Morrisey says the teacher strike is illegal and he will take action, if requested, to enforce the law.

Morrisey, in a prepared statement issued just hours before a planned two-day strike by public school teachers and service workers, left no doubt about the legality of the job action.

“Let us make no mistake. The impending work stoppage is unlawful,” Morrisey said. “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.”

Earlier in the day the State Board of Education adopted a confusing motion that appeared to give the board the authority to ask the Justice Administration and the Attorney General’s Office about their options.

Morrisey’s statement did not say that he had been asked to seek the injunction, but he indicated he’s ready to take action.

“Our office is prepared to support any relevant state agency or board with legal remedies they may choose to pursue to uphold the law,” Morrisey said. “We also stand ready to assist and support any county board of education or county superintendent to enforce the law.”

Morrisey said he supports the efforts of teachers and service workers to advocate for better wages and health benefits, but added, “A work stoppage of any length on any ground is illegal… Breaking the law does not set a good example for our children.”

Here is the full press release from Morrisey 

CHARLESTON — Attorney General Patrick Morrisey issued the following statement with regards to the impending work stoppage affecting schools across West Virginia.

“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.

“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.

“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. Breaking the law does not set a good example for our children.”

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