AGO Opinion Topics: PUBLIC EMPLOYMENT

1. State and local public employees, including teachers, have no legally protected right to strike. 2. State statute establishes no specific penalties for unlawful public employee strikes; in some cases, courts may grant injunctive relief to prevent or end unlawful strikes. 3. The Legislature could enact laws establishing penalties for unlawful public employee strikes, provided that such laws are consistent with protected free speech and other state and federal constitutional rights.

RCW 35.13.360 through .400 do not entitle sheriff's employees to transfer to the police department of a city which, having incorporated prior to the effective date of those statutes, but having contracted with the county for law enforcement services for several years, then (subsequent to the enactment of the statutes) forms its own police department.

The provisions of RCW 41.04.010, as amended by § 1, chapter 170, Laws of 1974, 1st Ex. Sess., do not permit the use of the "veterans' preference" on a competitive entrance examination for covered public employment by a veteran who has claimed a similar preference and has thereby been previously appointed to a position which is subject to that statute, even though the employment thus obtained was with a different state agency, municipal corporation or political subdivision.

The chief of police and members of the department may be required to take an examination for their respective positions.  The City of Enumclaw may not employ more than two full-time paid police officers without having form of civil service for its police department.  The City of Enumclaw may not require the members of its police to take competitive examinations without establishing a civil service commission, pursuant to chapter 13 of the Laws of 1937, when it employs more than two full-time paid officers.

Employees of the state an of its political subdivisions are not entitled as a matter of right to a leave of absence to attend week end or week night military reserve meetings held during the employees' working hours.