Sept 10 Contempt Order

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SUPERIOR COURT OF WASHINGTON FOR KING COUNTY KENT SCHOOL DISTRICT, NO. 415

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Plaintiff,

Case No. 09-2-32419-1 KNT MEMORANDUM DECISION AND ORDER

vs. KENT EDUCATION ASSOCIATION; LISA BRACKIN-JOHNSON, individually and as Kent Education Association’s President; CONNIE COMPTON, CINDY PRESCOTT, BRIAN THORNTON, CARA HANEY, THERESA TURNER, and TOM LARSEN individually and as Kent Education Association’s Executive Board; and all other persons in active concert or participation with any of the above-named defendants, Defendants.

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THIS MATTER came on for hearing pursuant to this court’s Order of September 3,

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2009, which granted in large part the Kent School District’s motion to enjoin the KEA’s and its

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members’ labor strike. The court has lawful jurisdiction over the parties. The parties do not

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dispute that the defendants have willfully refused to comply with the court’s September 3, 2009

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Judge Andrea Darvas King County Superior Court Maleng Regional Justice Center 401 Fourth Avenue N. Kent, WA 98032 (206) 296-9270

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Order, and that Order placed defendants on notice that failure to comply may subject them to

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sanctions under RCW 7.21. The defendants now are in willful violation of a court order.

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This Court understands that the teachers believe deeply in the positions that they have

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taken. Nevertheless, violating the law is not the appropriate way to achieve the teachers’ goals.

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Nor is it the appropriate way to demonstrate for students a respect for our democracy and our justice system.

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This Court has no power to decide the merits of the disputes between the KEA and the School District. Neither side has asked this Court to make any such decisions. Therefore, in

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granting the injunction and in ordering the KEA to stop its strike, the Court was not making any

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ruling whatsoever concerning the merits of either the KEA's or the School District’s positions

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on their disagreements regarding things like meeting schedules, class sizes or salaries. Those

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differences need to be resolved through negotiation or mediation or through other statutory mechanisms for resolving public employee labor disputes. It is undisputed that the teachers each signed contracts with the Kent School District for

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the 2009-2010 school year that required them to begin teaching on Aug 31, 2009. The strike is

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in violation of those contracts.

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The law is clear that teachers do not have a right to strike under Washington law. That

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is why this court granted the School District's request for an injunction – the strike is unlawful,

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and it is harming children and their families. Some 26,000 children who should be getting an education in the schools are not being educated. Children and families who rely on the schools for special services are not getting those services. Families who depend on the schools for child care during regular school hours are being forced to scramble to make alternative arrangements MEMORANDUM DECISION AND ORDER - 2

Judge Andrea Darvas King County Superior Court Maleng Regional Justice Center 401 Fourth Avenue N. Kent, WA 98032 (206) 296-9270

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for care and supervision of their children. High School seniors who plan to graduate next

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summer, and who have made or are in the process of making plans for college, have concerns

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over being able to graduate on time. Classified (non-teacher) employees of the District are not being paid while school is not in session. The longer the strike continues, the greater the degree

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of harm that is occurring. Court orders are meaningless unless they are enforced. Courts have both statutory and

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inherent power to enforce their orders. RCW 7.21.030; King v. Department of Social and

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Health Services, 110 Wn.2d 793, 800 (1988).

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Refusal to obey a court order is a sign of disrespect for our free institutions. It is a sign of disrespect for the Court – the very institution of government that exists to protect rights, liberties and access to justice for all people, regardless of their wealth, status or background. It is a poor example to set for the young people who are looking to their teachers as role models for how to behave in a society that is founded on the rule of law.

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For these reasons, it is hereby

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ORDERED as follows:

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1.

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The KEA hereby is fined $1,500 per day and the teachers who have refused to

comply with this Court’s September 3, 2009 Order are fined $200 per day each, for each day they fail to comply with the September 3, 2009 Order, from September 8, 2009 onward. The fines are to be paid into the registry of the King County Superior Court. 2.

Imposition of these fines shall be suspended until Monday, September 14, and

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shall not take effect if the defendant teachers are prepared, available, present, and ready to teach

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school during regularly scheduled school hours on September 14, 2009 and on each regularly MEMORANDUM DECISION AND ORDER - 3

Judge Andrea Darvas King County Superior Court Maleng Regional Justice Center 401 Fourth Avenue N. Kent, WA 98032 (206) 296-9270

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scheduled school day thereafter, and provided also that the defendants are fully in compliance

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with this Court’s September 3, 2009 Order as of September 14, 2009.

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3.

The parties shall return to negotiations immediately, and shall continue those

negotiations in good faith until agreement is reached on a new collective bargaining agreement. DONE IN OPEN COURT this 10th day of September, 2009.

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Judge Andrea Darvas King County Superior Court Maleng Regional Justice Center 401 Fourth Avenue N. Kent, WA 98032 (206) 296-9270