LAS VEGAS (KLAS) — The Clark County School District has taken steps to stop a possible teachers’ strike by filing an injunction. CCSD’s emergency motion for a temporary restraining order and a preliminary injunction is laid out in this 50-page court document.
Calling the union’s actions a “blatant threat,” the school district says there will be consequences if teachers strike.
“They’re following a process outlined in state law,” said Brad Marianno, the Asst. Professor of Educational Policy at UNLV.
Putting pressure on the teachers union, CCSD’s request for an injunction relies heavily on Nevada revised statute 288, which says it’s illegal for public employees, such as teachers, to strike.
Education Brad Marianno says if the court sides with the school district, penalties can be put in place.
“They could fine the union up to $50,000 a day during the strike, and could fine teachers union leaders up to $1,000 a day, and they could actually decertify the teachers union,” Marianno said.
In the court documents, CCSD says the teachers union knows that threatening to strike is illegal and they simply don’t care, adding that a strike, “will significantly and irreparably impact the safety, health, well-being, and educational rights of children in the state of Nevada.”
“The statue says shall,” according to Todd Kennedy, a litigation attorney in Nevada.
According to Kennedy, CCSD’s legal action isn’t necessarily a slam dunk.
“The standard for most injunctions is there’s a threat or irreparable harm, and the court needs to hold the status quo,” Kennedy said. “In terms of how this will play out, the court has some discretion usually, in terms of weighing the merits, weighing the relative harms.”
As the teachers union prepares to meet once again with the school district, CCEA leaders are standing strong in the wake of this motion.
“It’s not going to deter us from trying to get a contract that meets the needs of all these educators,” said John Vellardita, the executive director of the Clark County Education Association. “We’re going to continue. But we’re prepared with our legal arguments to go before the judge.”
“The best thing for kids right now is for the two sides to come together and find an agreement and avoid the strike,” said Marianno.
The court hearing to look into CCSD’s injunction is scheduled for Thursday, Sept. 5. That’s only five days before the teachers union plans to go on strike.