Legal Landscape of Public Sector Strikes

Public-sector strikes are illegal in Alabama. While there is no state law addressing whether public-sector employees can strike, the Alabama Supreme Court has held that strikes are illegal.

See Cherokee County Hosp. Bd. v. Retail, Wholesale, and Dept. Store Union, AFL-CIO, 313 So. 2d 514, 516 (Ala. 1975).

Public-sector employees in Alaska have a qualified right to strike. They may only strike after the union and employer reach impasse in negotiations and have failed to resolve bargaining disputes through advisory arbitration. With one exception, employees may then strike if a majority of employees in the unit vote to do so by secret ballot; and 30 days have passed since receipt of the arbitrator’s report or 90 days have passed since the arbitrator was appointed. Unions that represent employees of a municipal school district, regional educational attendance area or a state boarding school and its employees, may strike only if (i) the parties submit to advisory arbitration before the organization’s members vote to strike but that arbitration fails; (ii) the strike does not begin until 72 hours after notice of the strike is given to the employer; (iii) the strike does not begin on the first day of the school term unless, after notice of the strike has been given, at least one day in session with students in attendance has passed; and (iv) the majority of employees in the unit vote to strike by secret ballot.

See Alaska Stat. Ann. § 23.40.200.

Public-sector strikes are illegal in Arizona. Although there is no state law addressing whether public-sector employees can strike, the courts have suggested without deciding, and the Attorney General has issued an opinion stating, that that strikes are illegal.

CWA v. Arizona Bd. of Regents, 17 Ariz. App. 398 (1972); Ariz. Op. Att’y Gen. 34 (1980).

Public-sector strikes are illegal in Arkansas. State law provides that it is illegal for a public employee to strike or walk away from their job duties; physically the activity or operation of the public employer; or physically impede the operations of a public employer. If an employee participates in a strike, the employer is required to terminate them and the employee is ineligible for employment with any public employer for 12 months after termination.

Ark. Code Ann. § 21-1-803.

Public-sector employees in California have a qualified right to strike. Although there are no provisions providing an express right to strike the Public Employment Relations Board has held that K-12 employees may strike after the completion of impasse procedures.

Modesto City Schools, PERB Decision No. 291 (1983).

And the state court has held as a general matter that public employee strikes are legal absent a specific statutory prohibition and may be enjoined only if they pose an imminent threat to public health and safety.

County Sanitation Dist. v. Los Angeles Cnty. Emps. Ass’n, 699 P.2d 835, 849 (Cal. 1985), cert. denied, 474 U.S. 995 (1985).

Public-sector employees in Colorado have a qualified right to strike. Educators may strike when all other avenues of resolution have been exhausted and if the state’s Division of Labor director gives up jurisdiction over a labor dispute.

See Martin v. Montezuma-Cortez Educ. Ass’n, 841 P.2d 237, 241, 243-45 (Colo. 1992).

Public-sector strikes are illegal in Connecticut.

Conn. Gen. Stat. § 10-153e (K-12); § 7-475 (ESPs); § 5-279 (Higher Ed.)

Public-sector strikes are illegal in Delaware. An employee engages in an illegal strike if, in concert with others, they fail to report for duty or are otherwise willfully absent, engages in a work stoppage or deliberate slowdown, fails to perform their duties of employment, or engages in an interruption of school operations for the purpose of inducing, influencing, or coercing a change in work condition or compensation.

Del. Code Ann. § 14-4002 (K-12, ESPs); § 19-1302 (Higher Ed).

Striking employees are not entitled to pay or reimbursement for time on strike. If a court enjoins a strike, and the union fails to comply with the order immediately, the court may fine violating parties without limitation on a daily, weekly or monthly basis.

Del. Code Ann. §§ 14-4016, 14-4017 (K-12, ESPs); § 19-1316 (Higher Ed.).

Public-sector strikes are illegal in Florida.

Fla. Const. Art. I, § 6; Fla. Stat. § 447.505.

It is illegal to engage in any concerted stoppage of work for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment. It is also unlawful to engage in any overt preparation for strike activities, which includes but is not limited to the establishment of strike funds.

Fla. Stat. Ann. § 447.203.

Courts may enjoin strikes and impose fines of between $50-$100 per day against each union officer or agent or representative who violates the injunction and impose fines of up to $5,000 against any union that violates the injunction. Employees who participate in a strike may be terminated. If they are rehired, they must serve a probationary period of 18 months. The Public Employee Relations Commission can revoke the certification of a union and fine the union up to $20,000 per day or more if necessary to cover costs to the public.

Fla. Stat. § 447.507.

Public-sector strikes are illegal in Georgia.

Ga. Code § 45-19-2.

It is illegal to engage in a concerted refusal to report for duty, to be willfully absent, to engage in a deliberate slowdown, or otherwise withhold work for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of public employment.

§ 45-19-1.

A public employee who strikes is deemed to have terminated their employment; forfeits their civil service status, job rights, and seniority; and is barred from re-employment for three years unless reinstated as a probationary employee for five years during the first three years of which his overall compensation must be frozen at pre-strike levels.

Ga. Code § 45-19-4.

A non-public employee who knowingly incites, agitates, influences, coerces or pickets public employees to strike commits a misdemeanor for which he may be imprisoned for a period of up to one year and/or fined in an amount not to exceed $1,000.00.

Ga. Code § 45-19-5.

Public-sector employees in Hawaii have a qualified right to strike. Employees in a bargaining unit involved in a collective-bargaining impasse and the parties’ bargaining agreement has expired, the parties have complied with all impasse procedures, the parties have exhausted proceedings for preventing any prohibited practice, and the union has provided 10 days’ notice of its intent to strike.

Haw. Rev. Stat. Ann. § 89-12.

Public-sector strikes are illegal in Idaho. Public-sector employees have no constitutional or common law or other right to strike, and any strike may be enjoined.

Oneida Sch. District No. 351 v. Oneida Educ. Ass’n, 567 P.2d 830, 833-35 (Idaho 1977).

Public-sector employees in Illinois have a qualified right to strike. Strikes are prohibited unless all of the following conditions are met: (i) the employees are represented by an exclusive representative; (ii) mediation has been unsuccessful; (iii) if fact-finding was invoked pursuant, at least 30 days have elapsed after a fact-finding report has been released for public information; (iv) at least three-fourths of all unit employees have affirmatively voted to authorize the strike; (v) at least 10 days have elapsed since notice of strike was given to the board, employer, and superintendent; (vi) the collective bargaining agreement has expired; and (vii) the parties have not submitted the dispute to arbitration.

115 Ill. Comp. Stat. Ann. §§ 5/13.

Public-sector strikes are illegal in Indiana.

Ind. Code Ann. § 20-29-9-1 (teachers); § 4-15-17-8 (state employees).

A union representing teachers will lose its payroll deduction rights for 1 year if it engages in, or aids and abets in, a strike.

Ind. Code Ann. § 20-29-9-3.

Public-sector strikes are illegal in Iowa. It is illegal to engage in strikes or to induce, encourage, instigate, authorize, or ratify strikes by a public employee or union representing public-sector employees. A public employer may not consent to a strike or pay or agree to pay employees for any day in which they participate in a strike or pay or agree to pay any increase in compensation or benefits as a result of any strike. If a court enjoins a strike, failure to comply is punishable by fines of up to $500 per day or six months imprisonment for individual employees and $10,000 per day for unions. Employees who fail to comply are also barred from employment with their prior public employer for one year. Organizations who fail to comply shall be decertified for two years, and must thereafter be recertified.

Iowa Code Ann. § 20.12.

Public-sector strikes are illegal in Kansas.

Kan. Stat. Ann. §72-2235 (K-12 and community college professional employees); § 75-4333 (ESPs and other Higher Ed employees).

Public-sector strikes are illegal in Kentucky.

Ky. Rev. Stat. Ann. § 336.130.

Public-sector strikes are legal in Louisiana.

Davis v. Henry, 555 So.2d 457 (La. 1990).

Public-sector strikes are illegal in Maine.

Me. Rev. Stat. Ann. 26 § 964 (K-12); § 1027 (Higher Ed).

Public-sector strikes are illegal in Maryland.

Md. Code Ann., State Gov., § 22-205.

A union representing certificated employees may not call or direct a strike. A union that does so will have its designation as exclusive representative revoked, will be ineligible to be redesignated for a period of two years after the violation, and will lose payroll deductions of membership dues for a one-year period following the violation.

Md. Code Ann., Educ. §§ 6-410.

Public-sector strikes are illegal in Massachusetts. Employees and employee organizations may not induce, encourage, or condone any strike, work stoppage, slowdown, or withholding of services by public employees.

Mass. Gen. Laws Ann. ch. 150E, § 9A.

Employees cannot be compensated while engaged in a strike and are subject to discipline and discharge proceedings by the employer.

§ 15.

Public-sector strikes are illegal in Michigan. An employee who participates in an illegal strike may be fined one day’s pay for each partial or full day she engaged in strike activities, to be deducted from the employee’s wages.

Mich. Comp. Laws § 423.202.

Employees are also subject to discipline by the employer up to and including termination.

§ 423.203.

Public-sector employees have a qualified right to strike in Minnesota. Strikes are prohibited unless all of the following conditions are met: (1) the parties collective bargaining agreement has expired and an impasse has occurred; (ii) the exclusive representative and employer have participated in mediation for at least 30 days; (iii) neither party has requested interest arbitration, a request for binding arbitration has been rejected, or the employer refuses to comply with a valid arbitration decision;(iv) the exclusive representative serves on the employer and Commissioner notice at least 10 days prior to the commencement of the strike. During each contract negotiation period teachers may only give one notice of intent to strike, which permits teachers to strike only for a limited period of time after being served on the employer.

Minn. Stat. Ann. § 179A.18.

Public-sector strikes are illegal in Mississippi. If a court enjoins a strike and the union violates the injunction, the union may be fined up to $20,000 a day. If certified school employees violate a strike injunction, they may be held liable for the employer’s damages and are subject to termination without reemployment unless a court finds that there is a public necessity for the individual’s reemployment.

Miss. Code § 37-9-75.

Public-sector strikes are illegal in Missouri.

Indep. -Nat. Educ. Ass’n v. Indep. Sch. Dist., 223 S.W.3d 131 (Mo. 2007).

Public-sector strikes are legal in Montana.

State By & Through Dep’t of Highways v. Pub. Emp. Craft Council of Montana, 165 Mont. 349 (1974).

Public-sector strikes are illegal in Nebraska. It is illegal to engage in a strike, slowdown, or other work stoppage; to coerce, instigate, induce, conspire with, intimidate or encourage any person to participate in a strike, slowdown, or other work stoppage; and to aid or assist in a strike, slowdown, or other work stoppage by giving direction or guidance in the conduct of a strike, slowdown, or other work stoppage by providing funds including the payment of strike, unemployment, or other benefits for those participating in a strike, slowdown, or other work stoppage.

Neb. Rev. Stat. Ann. § 48-821.

Public-sector teachers, but not other public-sector employees, have a qualified right to strike in Nevada. While strikes remain illegal, teachers can legally engage in a work stoppage at one or more schools in a school district.

2025 Nevada Laws Ch. 94 (S.B. 161).

If the work stoppage extends to all schools in a district, however, it constitutes an illegal strike. Id. Otherwise, public-sector strikes are illegal. If an illegal strike occurs, the government employer is required to seek a court injunction. If a strike continues in violation of a court order, the court may take the following actions: (a) Fine the union up to $50,000 for each day of continued violation; (b) Fine a union officer who is responsible for the strike up to $1,000 for each day of the strike, or imprison the union officer; (c) Discipline or terminate any employee involved in the strike.

Nev. Rev. Stat. §§ 288.700-288.705.

Public-sector strikes are illegal in New Hampshire.

N.H. Rev. Stat. Ann. §§ 273-A:13.

Tenured teachers can lose their tenure rights if they participate in an illegal strike.

Farrelly v. Timberlane Reg’l Sch. Dist., 324 A.2d 723 (N.H. 1974).

Public-sector strikes are illegal in New Jersey.

Bd. of Ed., Borough of Union Beach v. New Jersey Ed. Ass’n, 53 N.J. 29 (1968).

Public-sector strikes are illegal in New Mexico. A union is prohibited from causing, instigating, encouraging or supporting a public employee strike. If a state or local labor relations board finds that the union directly caused or instigated a strike, it may impose penalties up to and including decertification of the union with respect to any of its bargaining units which struck as a result of such causation or instigation.

N.M. Stat. Ann. § 10-7E-21.

Public-sector strikes are illegal in New York. Public-sector employees may not strike, and public employees and unions may not cause, instigate, encourage, or condone a strike.  Employees that violate these prohibitions are subject to mandatory fines of twice their regular pay for every day or part of a day that they are on strike, and they are subject to discipline up to and including termination. Unions that violate these prohibitions may lose their representative status and their right to membership dues deductions for a period of time determined by the labor board.

N.Y. Civ. Serv. Law § 210.

Public-sector strikes are illegal in North Carolina. Individuals who engage in illegal strikes or slowdowns may be found criminally liable for committing a misdemeanor.

N.C. Gen. Stat. §§ 95-98.1, 95-98.2, 95-99.

Public-sector strikes are illegal in North Dakota. School boards may withhold some or all the wages otherwise due a teacher or an administrator who participate in a strike.

N.D. Cent. Code Ann. § 15.1-16-16.

Public-sector employees have a qualified right to strike in Ohio. Most employees have a right to strike once they exhaust impasse resolution procedures and provide written notice of an intent to strike more than 10 days before the strike is scheduled to begin.

Ohio Rev. Code Ann. § 4117.14.

Employees who participate in strikes without meeting these preconditions may be removed or suspended and may then be reappointed subject only to certain pay limitations and only upon payment of a fine in the amount of two days’ pay for every one day on strike, so long as the Board determines that the employer did not provoke the strike.

§ 4117.23.

It is illegal for full-time university faculty members to strike.

2025 OH S.B. 1.

Public-sector strikes are illegal in Oklahoma. Any employee who strikes will be denied pay for the duration of the strike. Any employee organization that participates in, or whose members participate in, a strike will no longer be recognized as the representative by the school board and the board will have no duty to negotiate with the organization.

Okla. Stat. Ann. 70 § 509.8.

Public-sector employees have a qualified right to strike in Oregon. Employees may strike in furtherance of their mandatory bargaining proposals if (i) they are in a bargaining unit represented by an re cognized or certified exclusive representative; (ii) they have complied in good faith with all impasse resolution procedures; (iii) 30 days have passed since the mediator or fact-finder issued their report; (iv) the exclusive representative has given 10 days advance notice to the employer and Board of its intent to, and reasons for, striking; (v) the collective bargaining agreement has expired; and (vi) the strike does not include unconventional strike activity not protected by the National Labor Relations Act.

Or. Rev. Stat. § 243.726.

Employees, other than those engaged in a lawful strike, who refuse to cross a picket line, will be deemed to be engaged in a prohibited strike.

§ 243.732.

Public-sector employees have a qualified right to strike in Pennsylvania. Strikes are permitted if the employees have exhausted all mediation and fact-finding procedures and, for public school employees, have completed mandatory public hearing and arbitration procedures. Employees are not entitled to pay while on strike.

Pa. Stat. Ann. 43 §§ 1101.1003, 1101.1006.

A public employee that refuses to comply with a court order enjoining a strike shall be subject to suspension, demotion or discharge at the employer’s discretion and a fine or imprisonment at the court’s discretion.

§§ 1101.1005, 1101.1007.

An employee organization that willfully disobeys a court order regarding violations of the strike prohibitions may be fined.

§ 1101.1008.

Public employees who refuse to cross a picket line will be deemed to be participants in a prohibited strike.

§ 1101.1101.

Public-sector strikes are illegal in Rhode Island.

R.I. Gen. Laws §§ 28-9.3-1 (K-12); 28-9.4-16 (ESPs); 36-11-6 (Higher Ed).

Public-sector strikes are illegal in South Carolina. There is no state law or Supreme Court decision finding strikes illegal, but the Attorney General has stated that it is “well settled” that strikes are illegal.

S.C. Op. AG 1997 WL 569069 (Aug. 13, 1997); S.C. Op. Att’y Gen. 331 (Oct. 30, 1989).

Public-sector strikes are illegal in South Dakota.

S.D. Codified Laws § 3-18-10.

Public-sector strikes are illegal in Tennessee. Employees participating in a strike may be dismissed or forced to forfeit their tenure status and revert to probationary status. Penalties, forfeiture of rights, or other sanctions that are imposed upon employee organizations as a result of a strike are not negotiable.

Tenn. Code Ann. § 49-5-607.

Public-sector strikes are illegal in Texas. An employee who engages in an illegal strike forfeits all civil service rights, reemployment rights, and any other rights, benefits, and privileges the employee enjoys as a result of public employment or former public employment.

Tex. Gov’t Code § 617.003.

It is unclear whether public-sector strikes are legal in Utah. There is no provision in state law, decision of the Utah Supreme Court, or opinion of the Attorney General addressing this issue.

Public-sector employees have a qualified right to strike in Vermont. K-12 employees may strike when parties to collective bargaining reach impasse, submit the dispute to a fact-finder, and wait for 30 days after the delivery of the fact-finder’s report provided the dispute has not been submitted to binding arbitration.

Vt. Stat. Ann. 16, § 2010. Higher Ed employees are prohibited from striking. Vt. Stat. Ann. 3, § 903.

Public-sector strikes are illegal in Virginia. Public employees who engage in strikes terminate their employment and are ineligible for reemployment for a one-year period unless their employer obtains an order from the circuit court that the employee’s services are necessary to the public welfare.

Va. Code Ann. § 40.1-55.

Public-sector strikes are illegal in Washington.

Wash. Rev. Code Ann. § 41.56.120 (K-12); § 41.76.065 (Four-Year Higher Ed.); 28B.52.078 (community college employees).

Public-sector strikes are illegal in the District of Columbia. It is unlawful to “participate in, authorize, or ratify a strike.”

D.C. Code § 1-617.05.

Public-sector strikes are illegal in West Virginia.

W.Va. Code Ann. § 18-5-45a.

Public-sector strikes are illegal in Wisconsin. A union that strikes shall be penalized by a one year suspension of collecting any dues under a collective bargaining agreement from any employer and a fine of $2 per member per day not to exceed more than $10,000 per day. An individual who strikes unlawfully shall be fined $10.00 for every day on strike and forfeits all compensation for the duration of the strike.

Wis. Stat. Ann. § 111.70.

It is unclear whether public-sector strikes are legal in Wyoming. There is no provision in state law, decision of the Wyoming Supreme Court, or opinion of the Attorney General addressing this issue.