Clark County Education Association Reaffirms Assertion of Ambiguity in the Injunction

LAS VEGAS – The Clark County Education Association (CCEA) has reiterated its argument that an injunction by a Clark County District Court judge halting teacher sickouts is vague.

In a 36-page opening brief filed on Monday, the CCEA argued that the injunction does not meet the basic legal requirements for such an order. The brief states that the injunction does not clearly state the reasons why it was issued, does not specifically state its terms, and does not describe in reasonable detail the acts that are restrained or required.

The CCEA also argued that the evidence tying the union to the teacher absences is “threadbare circumstantial evidence that never implicated any defendant.” The union noted that only about 2% of all CCSD schools were affected by the sickouts, and that half of the 165 teachers who called out sick those days were not even union members.

The CCEA’s appeal also characterized the injunction as “overbroad” and “unconstitutionally vague.” The union argued that the injunction is so vague that it could be used to punish teachers for engaging in protected activity, such as protesting or speaking out about working conditions.

The CCEA has asked the Nevada Supreme Court to schedule oral arguments for February 2024. The union is also seeking a stay of the injunction, which would prevent it from being enforced while the appeal is pending.

Violating the injunction could result in heavy fines and termination, suspension, or demotion for participating teachers. Public employee unions that strike are also subject to being decertified, or losing their status as official employee bargaining representatives.

No schools have been closed for unusually high teacher absence since the injunction was issued, and CCSD has not gone to court to pursue penalties for anyone it believes participated in the strike.

Credits: Las Vegas Sun