LAS VEGAS (KTNV) — A Clark County judge has granted an injunction against the teachers union after deeming the recent wave of teacher absences from valley schools "a strike."
Clark County School District filed a motion for a restraining order against the Clark County Education Association on Monday, claiming that the recent string of "mass sickouts" was a "coordinated campaign" by the union.
The union has denied any involvement with the absences.
During a hearing on Wednesday, Judge Crystal Eller found "overwhelming and substantial evidence" that the mass callouts were a strike. While she denied the district's motion for a restraining order, she did grant the injunction to stop the strikes.
"These callouts were literally in the four corners of the city," Judge Eller said, highlighting one piece of "circumstantial evidence" that she says led to her ruling.
This comes after the district saw a wave of unexpected staff shortages, forcing eight schools to cancel or combine classes for the day since Sept. 1. The latest closure was announced at Ulis Newton Elementary School on Wednesday morning.
"The idea that these are sick callouts and that they are due to someone being sick is preposterous," Judge Eller said. "It is more likely an indicator that there is a concerted effort to do what has been threatened by Mr. Vellardita — that is, to strike."
PARENTS REACT: Valley teacher 'sickouts' leaving CCSD students at home
Shortly following the first "mass sickout," the Clark County Education Association denied any involvement with the absences in a statement to Channel 13.
A stance that the CCEA's Executive Director John Vellardita maintained when asked for comment immediately after the hearing.
"We think that the underlying issue is what's going on in these schools and how teachers feel they're being treated," he said. Unfortunately, the script today in front of the court was that this union engaged in an illegal strike, and we didn't do that."
The court found that members of the CCEA may be subject to a fine of $50,000 for each day they are found violating the state's strike laws. Additionally, any officers of the CCEA may be subject to fines of $1,000 for each day the union is found to be "conducting a strike."
Vellardita says he will appeal the decision directly to the Nevada Supreme Court.
Clark County School District has released the following statement regarding the court's findings.
"Thankfully, the court found that a strike has occurred. Because of the evidence of coordinated work stoppages by CCEA and its members, the court imposed a preliminary injunction to prevent any ongoing disruptions to the school district's operations. This action protects the children of the Clark County School District so they can receive the education they are entitled to.
"With CCSD declaring an impasse in negotiations with CCEA yesterday, the arbitration process will proceed according to Nevada law. In the meantime, educators will continue under the current negotiated contract and be compensated accordingly until a new agreement is reached."
This is the second time the district and the teachers union have been in court this year, as contract negotiations surrounding the money allotted by Senate Bill 231 continue to break down.
CCSD previously filed an injunction against the union — which was denied — after a vote was held on potential "work stoppages" if negotiations did not resolve before the start of the school year.
HOW DID WE GET HERE? A recap of the ongoing contract negotiations between the teachers' union and CCSD
The school district returned to the bargaining table with the union earlier this week but announced that it had declared an "impasse" with CCEA on Tuesday. In a statement, the district claimed that arbitration was now the "only way" to resolve the ongoing dispute after 11 attempts at bargaining.
Union leaders said they welcome “a third set of eyes” to look over a new contract during arbitration while expressing frustration over what they say will likely be a lengthy process before an agreement is reached.
