Education
The Beverly teachers’ actions teaches students “that they can ignore rules that are inconvenient to their selfish goals,” their lawyer said.
Two families filed a class action lawsuit against the Beverly teachers union after a historic 12-day strike last year, claiming the strike financially cost parents and caused emotional distress.
Janelle Donahue, who has three children in the Beverly Public Schools, and Erica Kostro, who has a high schooler, are asking the Essex Superior Court to order parents to be compensated for the strike.
“Each day that went by brought more acrimony, uncertainty, and stress,” the lawsuit filed in Essex Superior Court said, noting one student’s AP test schedule and her varsity basketball games.
The 10th grade student, represented by her parent, also “quickly became bored and restless.” She was “disturbed” when she saw teachers picketing, the lawsuit read. “She did not understand why her teachers seemed happy not to be teaching and not being in the classroom with her.”
Public employees, including teachers, are prohibited from striking or encouraging a strike under state law. One bill in the legislature last year would give public sector workers, with the exception of public safety employees, the ability to go on strike after six months of negotiations. The Massachusetts Teachers Association supports the legalization of teacher strikes.
Lawsuit accuses four educators’ unions of encouraging strikes
The lawsuit names the Beverly Teachers Association as part of the MTA, which did not reply to a request for comment. The lawsuit alleges that the BTA planned their strike in advance and defied court orders to return to work.
Teachers unions in Malden, Brookline, and Newton — which have all previously held strikes of their own — are also named as defendants and accused of conspiring and aiding and abetting, the lawsuit alleges.
The claims against the Malden Education Association, the Brookline Educators Union, and the Newton Teachers Association include pro-strike, supportive social media messages and donations to strike funds.
The MTA is accused of encouraging strikes, with leadership speaking at rallies and congratulating educators on social media. The suit alleges that MTA President Max Page personally donated $500 to the Beverly strike fund, citing a GoFundMe.
“MTA is liable as an affiliate union for encouraging, supporting, and ratifying the illegal and tortious behavior of its local union and its members,” the lawsuit said.
Boston-based lawyer Ilya Feoktistov and Daniel Suhr, a lawyer based in Chicago, represent the parents. The pair also represent Newton parents suing for damages related to the 11-day educators’ strike there in early 2024. Suhr filed a similar lawsuit against the Chicago Teachers Union for their 2022 strike, which was unsuccessful, he said Wednesday.
“The judge basically said that the state’s collective bargaining law preempted any common law claims by parents,” he said. “We think that’s wrong, and we’re appealing.”
The parents are suing for $17 million and asking the courts to rescind the collective bargaining agreement that teachers described as a “massive victory,” the lawsuit said. The lawsuit said the 16 percent contractual increase to wages through 2027 amounts to $12 million.
Through court injunctions to send teachers back to work, judges can impose fines on the unions. The BTA paid at least $110,000 in fines from the first day of the strike but didn’t have any additional funds to pay, according to court documents. They incurred at least $350,000 in fines overall.
When asked about the Beverly suit, Suhr said the teachers’ actions teaches students “that they can ignore rules that are inconvenient to their selfish goals.”
“When teachers go on an illegal strike, they are placing their own demands ahead of their students’ needs. Teachers have a responsibility to be in the classroom, and families face real harm when that responsibility is intentionally and illegally disregarded,” Suhr said. “The unions’ unlawful behavior here sets a terrible example for young, impressionable students who admire and respect their teachers.”
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