Most private-sector workers have the right to strike under the National Labor Relations Act (NLRA), which Congress passed in 1935. But the NLRA explicitly excludes employees of federal, state, and local governments. That means public employees — including teachers — can only strike if their state law allows it. As of 2026, roughly 38 states ban or heavily restrict teacher strikes. Twelve states explicitly allow them. The legal rationale for banning public employee strikes has historically centered on the argument that government services are "essential" and that strikes against the sovereign state differ from strikes against private employers. Critics argue this distinction punishes workers for choosing public service careers and strips them of bargaining leverage.