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Why it's illegal for teachers to strike in Mass. (and why they're doing it anyway)

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Why it's illegal for teachers to strike in Mass. (and why they're doing it anyway)


The Newton teachers strike has dragged on into a 10th day of closed schools even though such strikes are illegal in Massachusetts. As a result, the Newton Teachers Association (NTA) owes nearly $600,000 in fines as of Thursday and will owe $50,000 more each day the strike continues.

While the NTA’s strike over failed contract negotiations is reported to be the longest strike the state has seen since the 1990s, it is not an anomaly. In recent years, teachers’ unions in Andover, Malden, Brookline, Woburn and Haverhill in similar collective bargaining ruts have organized strikes and faced fines.

  • Read more: Striking Newton teacher hospitalized after hit by car near union rally spot

Even so, the highest dollar amount leveled against any of them was $110,000, and that was against the Haverhill teachers union, according to The Boston Globe. Thus, both the length of the strike and the fines against the NTA are unprecedented in Massachusetts as of the 21st century.

Here’s a breakdown of the issue:

What the law says about teacher strikes

The law that makes it illegal for Massachusetts public school teachers to strike does not single out teachers.

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A part of Massachusetts General Laws, the relevant section reads: “No public employee or employee organization shall engage in a strike, and no public employee or employee organization shall induce, encourage or condone any strike, work stoppage, slowdown or withholding of services by such public employees.”

This is the norm across the country, with only 13 states allowing public school teachers to strike, according to EducationWeek.

  • Read more: Newton teachers strike fines approach $600K as school canceled for 10th day

The law that made public employee strikes illegal was passed in 1973, according to The Boston Globe. But making public employee strikes illegal was just one part of the law.

Overall, the law wasn’t a loss for unions — it was a boon, Massachusetts Association of School Committees Executive Director Glenn Koocher told MassLive. Public employees had the right to unionize before the law, but the legislation formalized the collective bargaining process, as well as the process of forming a union.

“It created a framework under which collective bargaining could go on, so then everyone could begin to organize,” he said.

What happens if teachers strike anyway?

When a union representing public school teachers implements a strike, to take action against them, a school district must ask the state’s employee relations board to determine whether a strike is actually happening. If the board determines a strike is happening, it then asks a judge to order them back to work, and the order is typically granted.

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If the union doesn’t stop striking after it is ordered to by a judge, the judge can hold it in contempt of the court order and implement fines as he or she sees fit. Importantly though, the judge is supposed to consider many factors when deciding how punitive the fines will be, such as whether the school district is bargaining in good faith, according to The Boston Globe.

  • Read more: Dropkick Murphys cover pro-union song in support of striking Newton teachers

In recent years, fines are the only punishment teachers’ unions have faced for striking, Koocher said. Even so, a judge is permitted to implement other sanctions against them.

In the 1970s, the leaders of the teachers’ unions were often jailed for weeks during strikes, according to The Boston Globe. In one case in 1977, about 80 Franklin teachers were jailed during a two-week strike.

Why the state has a stake in prohibiting public employee strikes

When public employees go on strike, there’s no one to provide vital services, such as policing or firefighting, Koocher said. In the case of teachers’ strikes, children may be left at home alone if parents cannot arrange for supervision during school hours.

The students can also experience learning loss ahead of important tests, Koocher said. “If you’ve been out of school for two weeks during the prime learning period, you’re not going to get to a lot of the material that is being tested.”

  • Read more: National Education Association president cheers on striking Newton teachers

Additionally, under state law, school districts are required to provide students with 180 days of school by June 30. If a strike goes on too long, the district may need to extend the school year into July, but that can only happen if the state education department grants a waiver.

Why teachers choose to strike anyway

Teachers strike when they feel they have no other way of getting municipal leaders to address important issues affecting the school district, Massachusetts Teachers Association (MTA) President Max Page said. In the case of the recent strikes, the unions had been negotiating a new contract for months or even years because district leaders weren’t agreeing to some of the unions’ core demands.

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“In Newton, it’s been 16 months of negotiations. That’s far, far too long to actually just settle a contract,” he said. “They felt like they did not have a fair bargaining partner.”

  • Read more: 5 things to know about the monetary impact of the Newton teachers’ strike

Page also pointed out that the MTA has 400 local chapters, and of those, only six have gone on strike in the past few years. Furthermore, most of those strikes resulted in the parties resolving the contract disagreements within a few days, he said.

“It’s an extreme action that members never imagine taking,” Page said. “But clearly, some members, in overwhelming numbers, decided ‘This is what we have to do to have the schools that our students deserve.’”

Ultimately, while a strike may negatively impact students, the teachers feel that the short-term loss is acceptable if it leads to the district implementing changes that will impact the long-term success of the students, Page said. One example of this is the NTA refusing to compromise on the issue of hiring a social worker for every school in the Newton school district.

Why have there been more teacher strikes in Massachusetts lately?

Teachers have felt the need for change in their districts more urgently as society has emerged from the COVID-19 pandemic and the learning loss and the toll on students’ social and emotional well-being has been realized, Page said. It’s one reason longstanding issues such as better compensation for educational support staff have been coming to the forefront of contract negotiations, he said.

“There’s been a feeling that the educators worked heroically, risking their own lives and making sure that students can continue their education. And so, they have, perhaps, less patience for not addressing the issues that they consider so important for their school,” Page said.

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  • Read more: Newton teachers’ strike closes schools for 9th straight day

But Koocher pointed out that the strikes coincide with a resurgence of union power across the country in recent years. Union leadership in general has become more aggressive, he said.

How the law could change

The MTA has backed a bill that would make strikes legal for public sector employees after six months of negotiations, with the exception of public safety employees.

“I believe that there needs to be a level playing field between labor and management,” state Rep. Erika Uyterhoeven, D-27th Middlesex, a co-sponsor of the bill, told Boston.com. “To me, this fundamental right not existing in the public sector results in these really challenging circumstances that we’re finding ourselves in today.”

  • Read more: Newton teachers’ strike update: City Council prez claims ‘considerable progress’

But many stakeholders don’t support this change. Teachers’ unions should not use striking as a means of getting officials to capitulate to their demands, Boston University Joshua Goodman told BU Today. Instead, those changes should be implemented through the democratic process, and unions can make that happen by convincing communities to elect public officials who support their positions, he said.

Additionally, Gov. Maura Healey told WBZ-TV last year that she doesn’t support legalizing teacher strikes. While she empathizes with the teachers, she said it’s “paramount” that children remain in school.



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Minnesota childcare fraud allegations spark audit request in Massachusetts: ‘Serious risks’

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Minnesota childcare fraud allegations spark audit request in Massachusetts: ‘Serious risks’


Fraud allegations in Minnesota’s childcare system are prompting two Massachusetts Republican lawmakers to ask the Healey administration to conduct a “top-to-bottom audit” of a Bay State voucher program.

State Reps. Marc Lombardo, R-Billerica, and Nicholas Boldyga, R-Southwick, say they’re alarmed after seeing national reports of fraud in childcare subsidy programs, pointing specifically to widespread allegations in Minnesota.

Their concerns have prompted them to ask Gov. Maura Healey to direct Education Secretary Patrick Tutwiler to “urgently conduct” an audit and review of the Massachusetts Child Care Financial Assistance program to identify any potential fraud and vulnerabilities here.

Child Care Financial Assistance helps low-income families pay for childcare in Massachusetts.

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“While Massachusetts has not yet been directly implicated in the same manner, the similarities in program structure, relying on voucher reimbursements to providers for low-income families, raise legitimate questions about whether comparable fraud or waste could be occurring here undetected,” Lombardo and Boldyga wrote in a joint letter to Healey on Wednesday.

“Our Commonwealth invests hundreds of millions of dollars annually in this critical program to support working families and early education,” they added. “We owe it to Massachusetts taxpayers and the families who genuinely need this assistance to ensure every dollar is spent appropriately and reaches its intended purpose.”

The governor’s office did not immediately respond to a Herald request for comment on the letter.

Early Education and Care Commissioner Amy Kershaw has said that Massachusetts is not facing disruption to its $293 million share of federal childcare payments amid a nationwide freeze in response to the Minnesota fraud allegations.

Kershaw has also added that Child Care Financial Assistance is not being impacted, either. The state appropriates funds for the voucher program at the beginning of the fiscal year and then seeks federal reimbursement.

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This fiscal year’s funding totals about $1.087 billion for the program, which covered more than 66,000 children in fiscal year 2025, according to a December report from the Massachusetts Taxpayers Foundation.

“Obviously, we are incredibly concerned about families across the country and in Minnesota who may lose access to Child Care Financial Assistance based on acts by the federal government,” Kershaw told Bay State childcare stakeholders on Monday.

Before the new year, the federal Administration for Children and Families froze all funding to Minnesota. All 50 states must now provide additional verification before receiving more funds.

Minnesota Democrats accuse the Trump administration of playing politics and hurting families and children as a result.

This all comes after a video surfaced on YouTube alleging fraud in childcare in Somali communities in Minnesota, to which Kershaw has said none of the allegations have been proven.

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The Massachusetts early education and care commissioner noted how there have been similar videos posted in Massachusetts and other states like Ohio, California and Washington.

In their letter to Healey, Lombardo and Boldyga also highlighted how the U.S. Department of Health and Human Services has responded to the Minnesota allegations by closing loopholes that allowed payments without verifying attendance.

“These developments highlight serious risks in subsidized child care systems across the country,” the Republican lawmakers wrote, “including the potential for misappropriation of taxpayer funds on a massive scale.”

Lawmakers across the country are seeking similar reviews as Lombardo and Boldyga. In Michigan, State Senate Minority Leader Aric Nesbitt, a Republican, has asked for an audit of a state program that aims to help low-income families afford childcare there.

The Massachusetts audit would zero in on verifying that voucher payments to providers are based on documented child attendance records; cross-checking to detect potential “ghost children” or overbilling; and on-site inspections of voucher-receiving providers to confirm they are operating legitimate childcare programs, among other objectives.

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“Such a thorough review would not only safeguard public funds,” Lombardo and Boldyga wrote, “but also strengthen confidence in a program that is vital to thousands of Massachusetts families.”

The Associated Press and Herald wire services contributed to this report.



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Massachusetts police officer struck and killed in line of duty; department mourns

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Massachusetts police officer struck and killed in line of duty; department mourns


A Massachusetts police department is mourning the death of one of its own after an officer was struck and killed while attempting to assist a broken-down driver on a highway.

The Uxbridge Police Department has hung black bunting above its main entrance as it receives condolences from across the Bay State following the incident early Wednesday morning.

The crash unfolded at about 12:45 a.m., when the officer was trying to help a motorist in the northbound lanes of Route 146, a main artery in the Worcester County town that borders Rhode Island.

Authorities identified the fallen officer on Wednesday afternoon as Stephen Laporta, 43, of Uxbridge. The Massachusetts State Police is investigating the crash.

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“This is a devastating loss for our department and our community,” Police Chief Marc Montminy said in a statement. “Our thoughts and prayers are with the officer’s family, loved ones, and fellow officers during this incredibly difficult time.”

Gov. Maura Healey has ordered flags to be flown at half-staff at all state buildings in honor of LaPorta.

“I am heartbroken over the news of Officer Stephen LaPorta’s passing,” the governor said in a statement Wednesday afternoon. “He knew he was headed into a dangerous situation when he responded to the scene of a multi-vehicle crash, but like all of our officers do day in and day out, he put the public’s safety first – and he tragically made the ultimate sacrifice.”

Authorities closed Route 146 for hours after the crash, with investigators working the scene. The icy, frozen road reopened around 10 a.m.

Uxbridge First Holy Night, a community organization, offered its condolences to the department via social media, saying the loss is also felt “across our entire town.”

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“Our officers are more than public servants — they are neighbors, friends, parents, children, and family,” the group stated. “When one of our own falls, we all grieve together.”

“Uxbridge is a close-knit community,” it added, “and in moments like this, we lean on one another. May we surround this family and our police department with compassion, strength, and support in the days ahead.”

Police departments from across the region sent cruisers to participate in a procession that accompanied a vehicle carrying LaPorta’s body to a medical examiner’s office before daybreak.

The Boston Police Patrolmen’s Association described the officer as a “fallen hero” and the death as “heartbreaking news.”

“Another police officer killed in the line of duty. This time in Uxbridge,” the association stated in a social media post. “The officer was involved in a motor vehicle crash while attempting to assist a motorist on Rte. 146 early this morning. Our thoughts and prayers are with the officer’s family and the entire Uxbridge Police Department during this incredibly difficult time.”

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State Rep. Mike Soter, whose Central Massachusetts district includes Uxbridge, said his “heart sank” when learning of the death.

“This is so close to home,” he said in a Facebook post. “May GOD watch over this officer’s family and his fellow officers today as they need our strength as a community. May the officer’s memory be eternal always!”

In June 2024, the Uxbridge Police Department celebrated LaPorta’s promotion to full-time patrolman.

“He may seem familiar to you all because Ofc. LaPorta has already been actively serving our wonderful town as a full-time Dispatcher and working part-time patrol shifts,” the department stated in a Facebook post. “He has put in the work to switch his role up and come to the patrol side full time! Let’s give him a warm congrats Uxy!”

Uxbridge Police Department (Herald file photo)
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State fire marshal warns Mass. bars, restaurants against sparklers after deadly Swiss blaze – The Boston Globe

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State fire marshal warns Mass. bars, restaurants against sparklers after deadly Swiss blaze – The Boston Globe


Massachusetts fire officials are warning bars, restaurants, and nightclubs that sparklers and other pyrotechnic devices pose a serious fire risk and are illegal to use without professional licensing, following a deadly New Year’s Eve fire in Switzerland that killed 40 people.

State Fire Marshal Jon M. Davine sent a notice Tuesday to businesses across the state reminding them that sparklers — including so-called “cold spark” pyrotechnics often marketed for celebrations — are prohibited unless businesses have the required licensing, certification, and permits, according to a statement from Davine’s office.

“This includes small sparklers that have been sold as novelties or party favors to accompany champagne bottles, which are believed to have caused the New Year’s Eve fire that claimed 40 lives,” Davine said in the statement.

The warning comes after investigators said sparklers likely contributed to a New Year’s Eve fire at Le Constellation bar in Crans-Montana, Switzerland, that injured more than 100 people in addition to the dozens killed.

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The notice was distributed to local licensing authorities by the Massachusetts Alcoholic Beverages Control Commission and shared with restaurant owners statewide by the Massachusetts Restaurant Association, Davine said.

Separately, the state Department of Fire Services issued a notice to a Florida-based company, King of Sparklers LLC, after sparklers it allegedly sold online were recovered by Fall River fire inspectors at a local establishment, the fire marshal’s office said. Officials said shipping such products into the state violates state law and the Massachusetts Comprehensive Fire Code.

Fire officials said sparklers burn at temperatures exceeding 1,800 degrees Fahrenheit and throw off sparks capable of igniting decorations, furnishings, and other flammable materials. Even after they appear extinguished, sparklers can remain hot enough to start fires, officials said.

Davine pointed to a 2022 incident in Dracut, where the improper disposal of illegal sparklers sparked a three-alarm fire that displaced nine residents.

Sparklers are classified as fireworks under state law, meaning their possession, sale, and use require professional licensing and certification, the Department of Fire Services said.

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Davine said the tragedy in Switzerland echoed memories of the 2003 Station nightclub fire in West Warwick, R.I., which killed 100 people and injured more than 200 others. The fire prompted sweeping safety reforms in Rhode Island as well as Massachusetts.

The Rhode Island fire was sparked during a concert when a band’s pyrotechnics ignited the sound-proofing foam near the stage, and the flames licked their way up the wall. It took a moment for the crowd to realize what was happening, but within 90 seconds after the fire ignited people stampeded toward the front entrance and were crushed, the Globe reported.

“The tragic fire in Switzerland has a chilling similarity to the Station Nightclub fire in Rhode Island, which led to numerous safety reforms in Massachusetts bars and clubs,” Davine said in the statement Tuesday. “We just want to help these businesses keep their patrons and staff safe.”

Rhode Island State Fire Marshal Tim McLaughlin also recalled the Station nightclub fire in the wake of the Swiss blaze.

“It’s almost eerie to think about it — the similarities between the two,” McLaughlin told WPRI-TV this week. “It was something I never thought I’d see again.”

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Nick Stoico can be reached at nick.stoico@globe.com.





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