CCSD Request For Injunction

Electronically Filed
8/26/2019 3:59 PM
Steven D. Grierson
CLERK OF THE COURT
1 MTRO
PATRICK H. HICKS, ESQ., Bar# 4632
2 AMYL. THOMPSON, ESQ., Bar# 11907
LITTLER MENDELSON, P.C.
3 3960 Howard Hughes Parkway
Suite 300
4 Las Vegas, NV 89169-5937
Telephone: 702.862.8800
5 Fax No.: 702.862.8811
Emails: phicks@littler.com
6 athompson@littler.com
7 Attorneys for Plaintiff

CLARK COUNTY SCHOOL DISTRICT
8
DISTRICT COURT
9
CLARK COUNTY, NEVADA
10
11 CLARK COUNTY SCHOOL DISTRICT,

12 Business Court
Plaintiff,
13 vs. Case No. 1-19-800835-C
I
14 CLARK COUNTY EDUCATION Dept. No. 113
ASSOCIATION; VICTORIA A.
15 COUR1NEY, in her capacity as President
I
CLARK C~UNTY SCHOOL DISTRICT'S
of the Clark County Education Association; EMERGENCY MOTION FOR
16 THEODORE R. SMALL in his capacity as
Vice President of the Clark County TEMPORARY RESTRAINING ORDER
17 Education Association; JOHN AND PRELIMINARY INJUNCTION ON
VELLARDITA, in his capacity as ORDER SHORTENING TIME
18 Executive Director of the Clark County
Education Association; and DOES 1-
19 10,000, inclusive,
(Hearing Requested)
20 Defendants.
21
22 Clark County School District ("the District" or "CCSD"), by and through its counsel ofrecord,
23 Littler Mendelson, P.C., respectfully moves this Court to issue a Temporary Restraining Order and
24 Preliminary Injunction against Defendants. This Motion is made and based upon the accompanying
25 Memorandum of Points and Authorities, the declarations and exhibits attached hereto, the pleadings
26 and papers on file herein, as well as any oral argument that this Court may entertain. The District
27 requests that after the granting of the Temporary Restraining Order ("TRO"), the Motion for
28
LITTLER MENDELSON, P.
Anmm Al L•w
3960 Howard Hughes Parkway
FJRMWJDE: J66249702. J 026133. J025
Suite JOO
Ln Vegas, NV 89169-5937
702.862.8800
Case Number: A-19-800835-C

1
Preliminary Injunction be heard on Order Shortening Time pursuant to EDCR 2.26 and the below
2
declaration of Patrick H. Hicks, Esq.
3
As stated more thoroughly in the accompanying Memorandum of Points and Authorities in
4
support of Plaintiffs Emergency Motion for Temporary Restraining Order and Preliminary Injunction
5
on Order Shortening Time, the specific facts show that immediate and irreparable harm will result if
6
a TRO and preliminary injunction are not granted. Defendants have publically, indisputably, and
7
flagrantly shown contempt for the law by threatening to commence an unlawful District-wide teacher
8
strike on September 10, 2019. A District-wide strike will significantly and irreparably impact the
9
District and the safety, health, well-being, and educational rights of children in the State of Nevada
10
which is why the Legislature has declared as a matter of law that strikes against the District are illegal
11
and has mandated the Court to enjoin such strikes from occurring. Accordingly, the District requests
12
relief as set forth below.
13
MEMORANDUM OF POINTS AND AUTHORITIES REGARDING ORDER
14 SHORTENING TIME
15 EDCR 2.26 provides for ex parte relief to shorten time:
16 Ex parte motions to shorten time may not be granted except upon an unswom
declaration under penalty of perjury or affidavit of counsel describing the
17 circumstances claimed to constitute good cause and justify shortening of time.
If a motion to shorten time is granted, it must be served upon all parties
18 promptly. An order which shortens the notice of a hearing to less than 10 days
may not be served by mail. In no event may the notice of the hearing of a motion
19 be shortened to less than 1 full judicial day. A courtesy copy shall be delivered
by the movant to the appropriate department, if a motion is filed on an order
20 shortening time and noticed on less than 10 days' notice.
21 EDCR 2.26. As demonstrated by the Declaration of Patrick H. Hicks, Esq., good cause exists which
22 justifies an Order Shortening Time concerning the hearing of the Motion. This case involves a threat
23 by Clark County Educators Association ("CCEA") and its officers to commence an unlawful District-
24 wide teacher strike in the imminent future. If the Court hears this Motion on a shortened schedule, it
25 is likely it will be able to issue an order and provide certainty on this issue before a strike commences.
26 If the matter is heard in the ordinary course, a strike will commence prior to a decision by the Court
27 that will significantly and irreparably impact the District and the safety, health, well-being, and
28 educational rights of children in the State of Nevada. Accordingly, it is respectfully requested that the
LITTLER MENDELSON, P,
2.
ATTORNEYS AT LAW
3960 Howard Hughes P• rkway
FIRMWIDE: I 66249702. I 026133. I 025
Suite 300
Las Vegn, NV 89169-5937
702.862.8800
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hearing date be shortened.
2
DECLARATION OF PATRICK H. HICKS, ESQ.
3
I, Patrick H. Hicks, subject to the penalties of perjury of the State of Nevada hereby declare
4
that the assertions in this declaration are true and correct and based on my personal knowledge unless
5
otherwise stated.
6
1. I am a shareholder with Littler Mendelson, P .C. and counsel for Plaintiff in the above-
7
captioned case. I make this declaration in support of Plaintiff's Emergency Motion for Temporary
8
Restraining Order and Preliminary Injunction on Order Shortening Time.
9
2. The issue at the center of the Motion is Defendants' threat to commence an unlawful
10
District-wide teacher strike on September 10, 2019.
11
3. Based on my review of this matter, if the Court hears this Motion on a shortened
12
schedule, it is likely it will be able to issue an order and provide certainty on this issue before a strike
13
commences. If the matter is heard in the ordinary course, based on CCEA' s threats, a strike will
14
commence prior to a decision by the Court that will significantly and irreparably impact the District
15
and the safety, health, well-being, and educational rights of children in the State of Nevada.
16
4. This application is made in good faith and not merely for delay.
17
5. Plaintiff respectfully requests that the Court set the Motion for hearing the earliest
18
available date the Court's calendar permits.
19
I declare under the penalty of perjury that t h y ' ~ ements are true and correct.
20
Dated this z,J- day of August, 2019. ~
21
Patrick H. Hicks, Esq.
22
23 ORDER SHORTENING TIME
24 Plaintiff having filed a request to shorten time and good cause appearing,
25 IT IS HEREBY ORDERED that the Defendants will have up to and including
26 _ _ _ _ __, 2019 to file and serve their Opposition. Plaintiff will have up to and including
_ _ _ _ __, 2019, to file a Reply to Defendants' Opposition.
27
IT IS FURTHER ORDERED that the EMERGENCY MOTION FOR TEMPORARY
28
LITTLER MENDELSON, P. 3.
AnORIIEYS At LAW
FIRMWIDE:166249702.1 026133.1025
Suile300
las Vegu, NV 89169-5937
702.8628800
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RESTRAINING ORDER AND PRELIMINARY INJUNCTION shall be heard on shortened time on
2
the _ _ day of _ _ _ _ _ _~ 2019, at _.m. before the above-entitled Court.
3
IT IS SO ORDERED this _ _ day of _ _ _ _ _ _., 2019.
4
5
DISTRICT COURT JUDGE
6
8
9 PATRICKH. HICKS, ESQ.
AMYL. THOMPSON, ESQ.
1O Attorneys for Plaintiff
11 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR

TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
12
I. Introduction
13
This is an action concerning Defendants' blatant threat to violate NRS 288.230 by threatening
14
to commence an unlawful District-wide teacher strike in the imminent future - to wit, on September
15
10, 2019. The Nevada Legislature has expressly declared:
16
(a) That the services provided by the State and local government employers are of such
17 nature that they are not and cannot be duplicated from other sources and are essential
to the health, safety and welfare of the people of the State of Nevada;
18
(b) That the continuity of such services is likewise essential, and their disruption
19 incompatible with the responsibility of the State to its people; and
20 (c) That every person who enters or remains in the employment of the State or a local
government employer accepts the facts stated in paragraphs (a) and (b) as an essential
21 condition of the person's employment.
22 NRS 288.230(a-c). Accordingly for these reasons, "it is the public policy of the State of Nevada
23 that strikes against [the District] are illegal. NRS 288.230(2)(emphasis added). There is no
24 question that Defendants have publicly and unequivocally threatened an imminent District-wide
25 teacher strike of indefinite duration, stating they know such action is illegal but simply don't care.
26 Thus, under NRS 288.240 the Court has no discretion in this matter and must enjoin the
27 commencement of such strike. NRS 288.240(2). An unlawful District-wide teacher will significantly
28 and irreparably impact the District and the safety, health, well-being, and educational rights of children
4.
Att0RIIEYSAT LAW
FIRMWIDE: I 66249702.1 026133.1025
Suite 300
Lts Vegas, NV 89169-5937
102.862.8800
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in the State of Nevada. Unless the Court issues an Order enjoining this strike, there will be a continued
2
reduction in essential public services, causing a total breakdown in the quality and continuity of
3
students' education.
4
Accordingly, the District requests the Court:
5
(1) Enjoin CCEA, Courtney, Small, and Vellardita (collectively, "Union Defendants")
6
from requesting, encouraging, condoning or ratifying any strike or partial or full work
7
stoppage, as defined in NRS 288.070, and mandate that they communicate the strike
8
cancellation to CCEA members;
9
(2) Enjoin Union Defendants and the members of CCEA from engaging in any strike or
10
partial or full work stoppage, as defined in NRS 288.070.
11
II. Relevant Facts
12
A. The Parties
13
The District is the fifth largest school district in the country. It employees more than 18,000
14
licensed educators and more than 300,000 students are enrolled in the District's schools. CCEA is the
15
exclusive representative of all licensed personnel employed or to be employed by the District. The
16
District, through its Board of Trustees, and CCEA have entered into a written collective bargaining
17
agreement ("CBA") which governs the terms and conditions of employ~ent of the licensed
18
professionals of the District.
19
B. CCEA's Unlawful Strike Threat
20
Despite the clear and unambiguous language ofNRS 288.230, in or around March 2019, Union
21
Defendants began openly describing a plan to sanction an illegal strike if the Legislature did not
22
provide funding to increase compensation and benefits for Teachers. 1 Under the CBA between the
23
District and CCEA, if the Legislature were to provide funding for an increase in teacher compensation
24
and benefits, then the increases would occur, however, if not, then there would be no increases for the
25
26
In addition to the statutory prohibition on strikes against the District, A1ticle 23-1 of the CBA states:
27 "It is hereby agreed by the Association [CCEA] that there will be no strikes, stoppages of work or slowdown
of the operations of the School District during the term of this Agreement."
28
5.
AnoRNEYSAt LAW
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702 862.8800
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2019-2020 school year. Specifically, Article 42 of the CBA provides the mechanism for economic
2
negotiations between the District and CCEA and specifically describes what is to happen in the 2019-
3
2020 and 2020-2021 contracted school years: "There shall be no increase in licensed employee
4
compensation and benefits . . . unless funding for the same is provided to CCSD by the 2019
5
legislative session, or through other means during the period of this agreement, including additional
6
federal or local revenue streams that are not otherwise encumbered or restricted."
7
Nevertheless, Union Defendants have been openly promoting a strike to CCEA members,
8
including, among other things, posting messages encouraging a strike on CCEA' s website, posting
9
messages in support of a strike on social media accounts, and issuing press releases and
10
communications endorsing a strike. Examples of Union Defendants' efforts to encourage a strike
11
include, but are not limited to:
12
• On our around March 25, 2019, CCEA put out a survey that asked members what they
13
would be willing to do if lawmakers do not fund schools, including the following
14
options: 1) nothing; 2) be part of a District-wide all day picket in front of their school
15
with parents, students, & their colleagues to bring attention to the need for more
16
funding NOW; or 3) strike. https://vvww.surveymonkey.com/r/YZLWXFR. Exhibit
17
2.
18
• Along with the above-referenced survey, CCEA put out FAQs including but not limited
19
to the following questions:
20
o Q: Is everyone going to do it?
21 o A: Everyone has to get involved. We are only successful ifwe stick together.
22 o Q: Can we strike?
23 o A: Educators in Nevada do not legally have the right to strike. But
educators in West Virginia, Oklahoma, Arizona, and Kentucky walked out
24
and struck as well. And what happened? THEY WON!
25
o Q: Will I get fired?
26
o A: Work actions are success/ul because when educators stand in solidarity
27 with each other, they hold power, and they win. That's what we've seen in
28 state after state across the nation, so it can happen here as well. Tens of
6.
AUORNEYS AT LAW
3960 Howard Hughes Pa,kway
FIRMWIDE:166249702.1 026133.1025
Suite JOO
Lu Vegas, NV 89169°5937
702862.8800
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thousands of educators walked out in several states and NOT ONE lost their
2 job.
3 • At the conclusion of CCEA's poll, CCEA reported that of the educators who were
4 polled, 94% said they were willing to walk out of the classroom if schools are not
5 properly funded. Exhibit 3.
6 • On April 30, 2019, CCEA Executive Director John Vellardita stated if Teacher raises
7 did not come through "all hell will break loose." Exhibit 4.
8 • On or around April 30, 2019, CCEA announced that it would hold a vote to strike. On
9 May 6, 2019, CCEA tweeted that it would host "#StrikeVote" Q+A Sessions that week.
10 Exhibit 5.
11 • Between May 7, 2019-May 11, 2019, CCEAheld an online vote questioning Teachers
12 whether they would authorize a strike if the Legislature doesn't provide enough
13 financial resources to improve overall public education funding and cover educator pay
14 raises.
15 • During the online vote referenced above, Vellardita publically threatened, "Clark
16 County started this school year with 500 vacancies and they'll end this school year with
17 500 vacancies." "What are they going to do? Fire several thousand teachers and replace
18 them with who? We don't see that happening." Exhibit 6.
19 • At the end of the vote, CCEA publically announced that 78% of the more than 5,000
20 CCEA members who voted, voted to authorize a strike at the start of the 2019-2020
21 school-year if the Legislature does not provide resources to cover pay raises for
22 Teachers. Exhibit 7.
23 • On May 12, 2019, CCEA issued a news release authored by defendant Courtney
24 threatenin·g to strike indefinitely unless and until requested funding is secured: "if
25 funds reach our schools and educators, there will be no strike. If not, then we will
26 be forced to strike until those funds are secured." Id.
27 • On May 13, 2019, Small re-tweeted an article stating that CCEA could face fines ofup
28
Anmm Ar L,w
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702.862.8800
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to $50,000 per day in the event of an unlawful strike but the Union is prepared to deal
2
with whatever risks and consequences there are. Exhibit 8.
3
Union Defendants have encouraged Teachers to strike despite the illegality of a strike and the
4
associated statutory penalties and since the strike vote, Union Defendants have continued to sanction
5
and encourage teachers to participate in the strike. On May 21, 2019, CCEA tweeted "The
6
#VegasTeacherStrike is on .... " Exhibit 9. The Nevada 2019 Legislative session closed on June 3,
7
2019. Since the close of the 2019 Legislative session, the District has continued to make efforts to
8
provide compensation and benefit increases for Teachers and has engaged in collective bargaining
9
negotiations with CCEA. On or around August 15, 2019, the District announced an update regarding
10
the status of negotiations with CCEA and other bargaining units, which would provide a significant
11
increase in compensation and benefits for Teachers. Specifically, the District proposed a two-year
12
agreement that would provide the following additional compensation to Teachers:
13
a. 3% pay increase in 2019-2020;
14
b. Step increases for all eligible employees in both 2019-2020 and 2020-2021;
15
c. 4% increase in the District's contribution to the medical plan in 2019-2020 and 2020-
16
2021. Exhibit 10.
17
In response to the District's proposal, on or around August 16, 2019, CCEA issued a statement
18
to Teachers stating that the District's offer is not acceptable and that they will strike if the District does
19
not meet their demands by August 22, 2019. Exhibit 11. Specifically, CCEA threatened, "unless
20
there is a change in [the District's] position, there will be a strike." Id. CCEA subsequently announced
21
that the strike would commence on September 10, 2019. Exhibit 12. On August 23, 2019, CCEA put
22
out FAQs about the strike where CCEA, among other thing,
23
• admits the strike is not legal but flaunts that in other states "no one was arrested, and
24
no one lost their job";
25
• declares that the District will not fire people who strike because it won't have resources
26
to replace people;
27
• encourages "several thousand" Teachers to participate in the strike and further instructs
28
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them not to give notice to their principals so that the District will be unable to fully
2
plan for the impact;
3
• stated that CCSD will try to run the schools and try to get substitutes but already does
4
not have enough to fill the 750 vacancies;
5
• Encourages non-members to strike;
6
Id. Union Defendants' threat to violate the law by striking could not be clearer. Moreover, it is
7
apparent Union Defendants recognize the irreparable harm this will cause and are using that as an
8
unlawful way to hold the District hostage.
9
10
c. The Imminent and Indefinite Strike Will Cause the District and its Students
Irreparable Harm
11 Unless restrained and enjoined by order of this Court, Union Defendants have made clear that
12 an unlawful strike of indefinite duration will commence on September 10, 2019. This will cause
13 extreme hardship and irreparable harm to the District, including but not limited to the following:
14 • A strike would severely impede, or even prevent, the District's ability to
15 provide meaningful instruction to children of the State of Nevada. Exhibit 13,
16 Declaration of Brenda Larsen-Mitchell, Chief Curriculum, Instruction,
17 and Assessment Officer.
18 • Teachers would be difficult to replace as there is not. a sufficient pool of
19 substitute teachers available to staff classes. Id.
20 • A teacher strike may result in school closures. Id.
21 • A strike would pose severe risk to the health and safety of special needs
22 students. Id.
23 • A strike will create increased exposure to liability by the District. Id.
24 • A strike will impact English Language Learners ("ELL") who may not receive
25 necessary instruction and opportunities for language acquisition that is
26 necessary for those students to be successful in their learning. Id.
27 • Depending on the length of the strike, students will have academic gaps in their
28
' ' " ' " " " LAW
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learning and will lose educational opportunities necessary to promote their
2
success to be college and career ready. Id.
3
A strike would also potentially seriously impede and potentially preclude the District's ability
4
to comply with the legal and contractual mandate that it provide 180 days of instruction each year.
5
See NRS 388.090. No adequate remedy exists at law for this violation by Union Defendants, since
6
any pecuniary loss would be impossible to fully ascertain and, in any case, pecuniary compensation
7
alone would not provide adequate relief for this deprivation of rights and the potential for health and
8
safety risks. This recognition of irreparable harm is codified by the Legislature within NRS 288.230-
9
260.
10
The District accordingly requests that the Court enjoin Union Defendants from striking and
11
specifically mandate that Union Defendants communicate the strike cancellation to CCEA members
12
and urge them not to engage in any such strike or work stoppage.
13
III. Legal Argument
14
A. NRS 288.230 Expressly Prohibits Strikes Against the District
15
It is the public policy of the State of Nevada that strikes against CCSD are illegal. NRS
16
288.230. The Nevada Legislature enacted this statute in 1969, in response to a teacher strike and in
17
so doing, explicitly declared that strikes against CCSD disrupt the essential services it provides that
18
cannot be duplicated and that are essential to the health, safety and welfare of the people of Nevada.
19
NRS 288.230(1)(a). Moreover, the continuity of CCSD's services is essential and their disruption is
20
incompatible with the responsibility of the State. NRS 288.230(1)(b).
21
NRS 288.240 provides that in the case of a threatened strike, the government employer may
22
apply to a court of competent jurisdiction to enjoin such strike. NRS 288.240(1). Recognizing the
23
gravity and irreparable harm of such strikes, if the strike has commenced, the statute provides no
24
discretion and thus the government employer is required to apply for injunctive relief. Id. If the court
25
finds that an illegal strike has occurred or unless enjoined will occur, it shall enioin the continuance
26
or commencement ofsuclz strike. NRS 288.240(2)(emphasis added). Thus, while the District submits
27
that a strike of indefinite duration as sanctioned by CCEA would cause extreme and irreparable harm,
28
10.
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such irreparable harm need not be established in order for CCSD to obtain injunctive relief.
2
Here, the District has put forth irrefutable evidence that CCEA has threatened to strike. Indeed,
3
as described herein, CCEA has openly, publically, and unequivocally threated a Teacher strike of
4
indefinite duration. Thus, NRS 288.240 mandates the Court grant the District injunctive relief.
5
B. Temporary Restraining Order and Preliminary Injunction Standard
6
In this matter, the District seeks a TRO with notice. There is no specific rule for the issuance
7
of a TRO with notice, however NRCP 65(b) authorizes the issuance of a TRO without notice where:
8
(1) it clearly appears from specific facts shown by affidavit or by the verified complaint
9 that immediate and irreparable injury, loss, or damage will result to the applicant before
the adverse party or that party's attorney can be heard in opposition, and
10
(2) the applicant's attorney certifies to the court in writing the efforts, if any, which
11 have been made to give the notice and the reasons supporting the claim that notice
should not be required.
12
NRCP 65(b). The facts set forth in this Memorandum (with supporting affidavits) satisfy the first
13
requirement. The second requirement regarding efforts to provide notice is satisfied by the
14
"Certification of Plaintiff's Counsel Regarding Notice" attached to this Memorandum.
15
In this case, a TRO is appropriate because immediate and irreparable injury will result to the
16
District if a strike commences. A TRO should also be issued to order Union Defendants to cease and
17
desist in their efforts to commence a District-wide teacher strike that is blatantly in violation ofNevada
18
law. In addition to a TRO, the District is seeking preliminary injunctive reliefin accordance with NRS
19
288.240.
20
C. The Criteria For Injunctive Relief Exists
21
The District is seeking injunctive relief pursuant to NRS 288.240. Pursuant to NRS 288.230,
22
the Legislature has declared as a matter of public policy that strikes against the District are illegal and
23
create irreparable harm by virtue of the fact that the District's services are of such nature that they
24
cannot be duplicated and are essential to the health, safety, and welfare of the people of the State. NRS
25
288.230(1). Moreover, the disruption of the District's services as a result of an unlawful strike is
26
incompatible with the responsibility of the State to its people. NRS 288.230(1). Accordingly, NRS
27
288.240(2) affords no discretion to the Court: when it finds a threat of an illegal strike has been made,
28
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the Court shall enjoin its commencement. NRS 288.240(2).
2
Nevertheless, it is abundantly clear that the District meets the requirements for injunctive relief
3
set forth by Rule 65 of the Nevada Rules of Civil Procedure. A preliminary injunction to preserve the
4
status quo is available upon a showing by the moving party that there exists a reasonable probability
5
of success on the merits and that the defendant's conduct, if allowed to continue, will result in
6
irreparable harm for which compensatory damage is an inadequate remedy. Dixon v. Thatcher, l 03
7
Nev. 414,415, 742 P.2d 1029 (1987); See also, NRS 33.010; NRCP 65. The court also weighs the
8
potential hardships to the parties as well as the public interest. Univ. & Cmty. College Sys. ofNev. v.
9
Nevadans/or Sound Gov't, 120 Nev. 712, 721, 100 P.3d 179, 187, 2004 Nev. LEXIS 106, *14, 120
10
Nev. Adv. Rep. 81. These criteria are readily established in this matter.
11
1. It is Probable the District Will Succeed on the Merits of Its Claim
12
There is no question that NRS 288.230 provides that a teacher strike against the District is per
13
se illegal. NRS 288.230(2). There is also no question that Union Defendants openly acknowledge the
14
illegality of a Teacher strike, but have advocated for a strike and threatened to strike in clear and direct
15
contravention of the law and of the CBA. There is no reason to doubt Union Defendants' direct threats
16
to strike. Thus, the District is likely to prevail on its claim.
17
2. The District Will Suffer Irreparable Harm if the Court Does not Issue a
18 TRO and Enjoin the Commencement of a Strike
19 The Legislature has declared in-eparable harm as matter of public policy based on its finding
20 that the services provided by the District are of such nature that they are not and cannot be duplicated
21 from other sources and are essential to the health, safety and welfare of the people of the State of
22 Nevada. Moreover, the Legislature has declared that the continuity of the District's services is
23 essential, and their disruption incompatible with the responsibility of the State to its people. NRS
24 288.230.
25 A strike will seriously impede the District's ability to provide meaningful instruction and
26 possibly cause a total breakdown in education. Moreover, as described herein, the myriad particular
27 reasons why a strike will cause in-eparable harm are plentiful. For example, a strike would seriously
28
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impede and potentially preclude the District's ability to comply with the legal and contractual mandate
2
that it provide 180 days of instruction each year. NRS 388.090. Conduct that causes a party to violate
3
the law establishes irreparable harm. See e.g., Board ofEduc. ofthe Middletown Enlarged City School
4
Dist. v Douglas, 2006 N.Y. Misc. LEXIS 9372, *9, 2006 NY Slip Op 30657(U), 6, 236 N.Y.L.J. 21
5
(conduct that effectively forces a party to violate the law constitutes irreparable harm in and of itself).
6
In that same vein, a strike of indefinite duration puts students' futures at risk as it has the potential to
7
impact grades and graduation which could disrupt the college admissions process and scholarships,
8
irreparably harming the futures of our students.
9
In addition to impeding the educational rights of Clark County children, a strike would pose
10
severe risk to their health and safety, particularly the health and safety of special needs students. A
11
strike would impede the District's ability to comply with and fully implement these students'
12
Individualized Education Programs ("IEPs") that are mandated by Federal law, creating increased
13
exposure to liability by the District in addition to harm to the students.
14
In sum, no adequate remedy exists at law for this violation by Union Defendants, since any
15
pecuniary loss would be impossible to fully ascertain and, in any case, pecuniary compensation alone
16
would not provide adequate relief for this deprivation ofrights and the potential for health and safety
17
risks. This recognition of irreparable harm is codified by the Legislature within NRS 288.230-260.
18
3. The Balance of Equities Favors the Requested TRO and Injunctive Relief
19 to Maintain the Status Quo2
20 The balance of equities clearly favors the issuance of an injunction. Granting the injunction
21 causes zero inconvenience to Union Defendants, rather it would only be mandating them to comply
22 with the law. There is no reason the Court should protect Union Defendants from the consequences
23 of their threat to strike in blatant disregard of clear law. In addition, the strike will impact the ability
24 of the District to provide meaningful education to students and cause irreparable and significant harm
25 as described above. The only loss Union Defendants will incur is the ability to engage in an illegal
26
2
In fact, the strike threat has already caused substantial disruption to the District's operations. The
27 District has been forced to divert significant time and resources toward efforts in formulating a contingency
plan in preparation for the strike, which is impossible given the unknown magnitude and duration.
28
13.
Anmm AT L•w
FJRMW!DE; I 66249702. I 026133. I 025
Suite 300
LU Veges, NV 89169-5937
702.862.6600
1
strike-- conduct which runs afoul of the CBA with the District.
2
4. Injunctive Relief Favors the Public Interest
3
The District, parents, and students will be dramatically impacted by an indefinite Teacher
4
strike. In accordance with the public policy of the State of Nevada, teacher strikes against the District
5
are expressly illegal. NRS 288.230(2). The Legislature has expressly declared as fact that the services
6
the District provides cannot be duplicated from other sources and are essential to the health, safety and
7
welfare of the people of the State of Nevada and their continuity is essential. NRS 280.230(1).
8
Further, that their disruption, which will occur in the event of a strike, is incompatible with the
9
responsibility of the State to its people. Id.
10
IV. CONCLUSION
11
Allowing the strike to proceed as announced would directly undermine the strong express
12
public policy of this State. Pursuant to NRS 288.240, the Court has no discretion in this matter and
13
must enjoin the commencement of the imminent strike. For the foregoing reasons, the District
14
respectfully requests that the Court issue the proposed TRO submitted herewith, attached as Exhibit
15
14, and grant a preliminary injunction enjoining Union Defendants from striking and specifically
16
mandating that CCEA communicate the strike cancellation to its members and urge them not to engage
17
in any such work stoppage.
18
19 Dated: August 26, 2019
20
21
22
PA H. HICKS, ESQ.
23 AMYL. THOMPSON, ESQ.
24
Attorneys for Plaintiff
25 CLARK COUNTY SCHOOL DISTRICT
26
27
28
14.
" " ' " " AJLAw
FIRMWJDE; J66249702, I 026133.J 025
Suile 300
702 862.8800
1 CERTIFICATION OF PLAINTIFF'S COUNSEL REGARDING NOTICE
2 I, Patrick H. Hicks, Esq., attorney for Plaintiff, hereby certify that I have provided notice to
3 Defendants of Plaintiffs Emergency Motion For Temporary Restraining Order And Preliminary
4 Injunction on Order Shortening Time as detailed in the attached Certificate of Service.
5 Respectfully submitted this 26th day of August, 2019.
8 LITTLER MENDELSON
10
11
:x~~ PATRICK H. HICKS, ESQ.
AMYL. THOMPSON, ESQ.

12 LITTLER MENDELSON, P.C.
Attorneys for Plaintiff
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ano.,mAtL•w
3960 Howard Hughn Parkway
FJRMWJDE:166249702.J 026133.1025
Suile 300
las Vegas.NV 89169-5937
702862.8800
1
PROOF OF SERVICE
2
I am a resident of the State of Nevada, over the age of eighteen years, and not a party to the
3
within action. My business address is 3960 Howard Hughes Parkway, Suite 300, Las Vegas, Nevada
4
89169. On August 26, 2019, I served the within document(s):
5
CLARK COUNTY SCHOOL DISTRICT'S EMERGENCY MOTION FOR
6 TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION ON
ORDER SHORTENING TIME
7
By Email - by e-mailing a copy of the document(s) listed above to the person(s) at the e-mail
8 address(es) set forth below.
9 By Personal Service a copy of the document(s) listed above to the person(s) at the address(es)
set forth below.
10
Victoria A. Courtney Theodore R. Small
11 10609 Brianhust Ave 1704 Canosa Ave
Las Vegas, NV 89144-11293 Las Vegas, NV 89104-3615
12 Email: Vcourtney@ccea-nv.org Email: tsmall(a),ccea-nv.org
13 John Vellardita Clark County Education Association
2760 Cape Hope Way 4230 McLeod Drive
14 Las Vegas, NV 89121-4119 Las Vegas, NV 89121
Email: jvellardita@ccea-nv.org
15
16
I declare under penalty of perjury that the foregoing is true and correct. Executed on August
17
26, 2019, at Las Vegas, Nevada.
18
19
20
Isl Maribel Rodriguez
21
Maribel Rodriguez
22
23
24
25
26
27
28
An""" ArL•w
FIRMWJDE: 166249702.1 026133.J 025
Sui1e 300
Lu Vegu. NV 89169-5937
702.862.8600
EXHIBIT "1"
EXHIBIT "1"
1 DECL
Suite 300
4 Las Vegas, NV 89169-5937
Telephone: 702.862.8800
5 Fax No.: 702.862.8811

8
DISTRICT COURT
9
10

12 Plaintiff, Business Court
13 vs.
Case No. A-19-800835-C
14 CLARK COUNTY EDUCATION
ASSOCIATION; VICTORIA A. Dept. No. 13
15 COURTNEY, in her capacity as President
of the Clark County Education Association; DECLARATION OF
16 THEODORE R. SMALL in his capacity as PATRICKH. HICKS, ESQ.
Vice President of the Clark County
17 Education Association; and DOES 1-
10,000, inclusive,
18
Defendants.
19
20
I, Patrick H. Hicks, Esq., declare under penalty of perjury as follows:
21
1. I am an attorney admitted to practice law in the State of Nevada. I am a shareholder
22
with the law firm of Littler Mendelson, P.C. This firm represents Defendant, Clark County School
23
District, in this action. This declaration shall serve as Exhibit 1 in support of Plaintiffs Emergency
24
Motion for Temporary Restraining Order and Preliminary injunction on Order Shortening Time.
25
2. Attached to the Motion as Exhibit 2 is a true and correct copy of the survey CCEA put
26 II I
27
I II
28
AnoRNEYSAT LAW
Suile 300
Las Veges, NV 89169-5937
702.862 8800
1 out asking members what they would be willing to do if lawmakers do not fund schools, available at
2 https:llwww.surveymonkey.com1rlYZLWXFR.
3 3. Attached to the Motion as Exhibit 3 is a true and correct copy of an announcement
4 made by CCEA stating 94% of educators who were polled said they were willing to walk out of the
5 classroom.
6 4. Attached to the Motion as Exhibit 4 is a true and correct copy of CCEA's post on
7 Twitter quoting Vellardita, available at https:lltwitter.comlcceanvlstatus/l l23251933102391296.
8 5. Attached to the Motion as Exhibit 5 is a true and correct copy of a post from CCEA's
9 Twitter feed, available at https:lltwitter.comlcceanvlstatus/l 125475405522251777.
10 6. Attached to the Motion as Exhibit 6 is a true and correct copy of a news article from
11 The Nevada Current quoting Vellardita, available at https:Ilwww.nevadacurrent.com12019105108lcan-
12 the-success-of-teacher-strikes-elsewhere-be-replicated-in-nevada/.
13 7. Attached to the Motion as Exhibit 7 is a true and correct copy of the May 12, 2019
14 news release authored by CCEA titled "CCEA Educators Vote to Authorize a Strike," available at
15 https:lltwitter.com/cceanvlstatusll 127698723063107584.
16 8. Attached to the Motion as Exhibit 8 is a true and correct copy of a post retweeted by
17 Theodore Small, available at https:lltwitter.com/mirandawrites_/statusll 128021471886897153.
18 9. Attached to the Motion as Exhibit 9 is a true and correct copy of a post from CCEA's
19 Twitter feed, available at https:lltwitter.com/cceanvlstatus/l 130884772585181184.
20 10. Attached to the Motion as Exhibit 10 is a true and correct copy of the District's
21 announcement regarding additional compensation it was offering to educators, available at
22 https:llnewsroom.ccsd.net/wp-contentluploads/Negotiation-Update-8-16-19 .pdf.
23 11. Attached to the Motion as Exhibit 11 is a true and correct copy of CCEA's response
24 to the District's offer, available at https:llnew.ccea-nv.org/ccsd-failsl.
25 12. Attached to Plaintiffs Motion as Exhibit 12 is a true and correct copy of the FAQs put
I II
26
27
Ill
28 Ill
2.
ATJORNEYS AT LAW
3960 Howard Hughes P11kway
Suilt 300
Lu Vegas, NV 89169,5937
702.862.8800
1 out by CCEA regarding the September 10, 2019 strike, available at https://new.ccea-nv.org/wp-
2 content/uploads/2019/08/FAQseptl 0.pdf.
3 I do hereby swear under penalty under the laws of the United States and the State of Nevada
4 that the foregoing assertions are true and correct to the best of my knowledge.
5 Dated: August~ , 2019

6 Respectfully submitted,
7
8
~ .
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTORNEYS Al LAW
Suite 300
las Vegas, NV 89169,5937
702.862.8800
EXHIBIT "2"
EXHIBIT "2"
8/20/2019 SurveyMonkey Powered Online Survey
a
nI
!f.
i l
f I
If !awmakers do not Fund Our Schools NOW, !I i
l.
what addntional steps are you willong to take to won?
I
I
i.
r
I
Q Nothing I
i
0 Be part of a District-wide, all-day picket for one day in front of my school with parents, 1-1
i
students, & my colleagues to bring attention to the need for more funding NOW
0 Strike
. !
( !
I I
Why are we beong asked this? ,.

I
We are currently doing everything we can to win more funding-lobbying legislators, writing to them,
(
buttoning-up, organizing the April 27th rally. But members have asked that if additional funding isn't L
passed, what more can we do? i
i
:I .
Now, we're asking what more-if anything-educators in the bargaining unit are willing to do to win !!
more funding. It is anonymous and open to all educators employed in the Clark County School District. '
1
1.
I
I
We need to hear from you over the next three daY.s!
..I
I
'I .
SUBMIT
I
j
i.
II
https://www.surveymonkey.com/r/YZLWXFR 1/1
EXHIBIT "3"
EXHIBIT "3"
union Clark County Education Association
CCEA of teaching the
professionals
4230 t,i:.:;Lscd Drive, Las. \'e9as, NV80121
Contact: Keenan Korth
70:?-343-6410, kJ,;or1h@ccea-n11.org
[N~S RELEAS~
Sunday, May 12. 2019
CCEA Educators Vote To Authorize a Strike

U\S Von~s. NV - In tin ovorwholming domonstrotfon o1 support, CCEA memb0t-.J votod
Ir
to authorize 3 strike for thoc c2019·2020 school yoor tho, Cfark County Sehool District
carries out threats of budget cuts due to lack of funding from the State during the current
Legislative Sessi<Hl.
Owing a Uve day period, o·,•er 5, ooo leachers parlicipalt1ti and voted by a 78% margin to aumoriza
a strike. CCSO has publiclt s:t1id Umt if it doos ,;ot tuei:'iivo ndcquoto runding from tho Nevttcfa
Legislruuro lo mool tho needs of sludools Md pay teachers a raise, then it will bo forced lo make
budget cuts up to and lncludlno 1,500 poslllons.
CCSD educators h.:,i1,•e endured two ~•ears of !:.!3kuy ireazes wi1h fewer resources and in larger
class sizes. Tha vote affirms the feeling of many educators that "enough is enough."' lhs sfrik£!
authorization vote comes six weeks aner 94% of educators indicated in a poll ihat they •trotf..d ba
willing to tai<o aelion if funding vros not l¼'JSSBd In tllis $ossion to l>rirll;J more resour'Ot:JS into tho
classroom and Lo pay 1oochor tho rxomlscd snlruy mcr,)osc.
ll Is c!ear wl111 three weeks left In the Legi:s!stive Session that lt will take a bi-partisan effOJ'C
•
by emocrnis and Republicans working with Governor Sisolak to reach budget agreama,fs
fo proper(:)' fund education. Failure to do so will trigger CCSD budgtif cuts. CCSD budg£1t cu;s
will trigger a; sirike of educators in the 2018-2020 school year. The strike will last until funding is
sseur'E:rsci for students and teachars. In a recent poll conducted wi1li 400 hlgh prorxinsily voters
In Soulhcm Nc\lada, 76% votors said 'tho~• would supI>0rl educators going on strike If funding
to reduce class sizes, bring more resouroes tor students, a.nd P• '.>' teachers promlsed salary
Increases was not provlc!ecl by ihe Le!]lslators.
•1-t-a ara hopeful that the Governor and Democrats and Republ:cans will work to er?Sum our
students and aducato.rs recer.'O the adaqr..,•ate funding we nead fn our schools nor/. Educators are
tJl tfto lipping polr1t tind will 11ot start anoti,or school yMr •1liti1 largar class slzos, low&r rc:::'tlurccs,
tim:i cmothor samry frooz.o.. If funds roach out scfroo!s and cdUC{ltors, tl1oro will bo no strlko. Jf riot,
then wo wfN be forced to stn'ko 1mm those funds am secured. n
- Vikki Courtney, President of CCEA
###
FUND OUR SCHOOLS

0 /cc:oanv C) @cce;mv O ccen-11.v.org
EXHIBIT "4"
EXHIBIT ''4''
8/21/2019 (24) Clark County Education Association on Twitter: ""If the promised raises don't come through, John Vellardita, executive director of CC ...
I l
I ~ Tweet : Q Search Twitter
' !
V
@ Home Clark County Education Association
@cceanv
# Explore "If the promised raises don't come through, John

20+
Vellardita, executive director of CCEA, said "all hell will
1.:,1 Notifications break loose." But the union boss stopped short of
expressing any lost confidence in Sisolak."
B Messages
: @MichelleRindels & @JackieValley / @TheNVlndy

i::J Bookmarks
~ Lists New analysis shows math doesn't add up for Sisolak's promis ...
(
i Relevant people
Gov. Steve Sisolak's recommended budget is about $107
million short of providing school districts enough money to p...
~
Profile Clark County Education... (
6' thenevadainde pendent.com @cceanv
CCEA is a union of educators cc
8 More
8:45 AM· Apr 30, 2019 · Sprout Social
to elevating the education prof,
Sign up for membership today.
--···--··-- ·-·-··-·· ·---------·· ---···--·-··-·------- 1-----------------------~------·---
Tweet i Michelle Rindels (
13 Retweets 21 Likes
~-~ ,-,.,.,..n•••- • • .._..... ....,. .•_ ='·.'
-----------------------·-··--·-·--···-------- ---------·------------- @MichelleRindels
Nevada-based politics reporter
I~ - - - -Q- - - - - - - - - tl. - - - - - - - - - - - - - - - - - · - - - - - - - - {'
' @TheNVlndy. Co-host of Cafeci
Luz y Michelle @nvindyespanol
!
canav8 @Big_Balls_Air · May 1 V i Formerly of @AP. Email me:
iI i
Replying to @cceanv @MichelleRindels and 2 others michelle@thenvindy.com
l
' Absolutely no threat. You guys signed your ability to strike away. You are
harmeless.
n C?
Jackie Valley
@JackieValley C
Cleveland girl at heart. Beach lo
@kentstateuniv grad. @TheNVI
i reporter. Let me tell your story:
\ ___ --j~ckie~~~~~~~=~~-- __
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https://twitter.com/cceanv/status/1123251933102391296 1/2
EXHIBIT "5"
EXHIBIT "5"
8/21/2019 (24) Clark County Education Association on Twitter: "REMINDER: We're hosting 4 regional #StrikeVote Q+A Sessions this week: Tuesda ...
: I
\
! ~ Tweet Q Search Twitter
i
Clark County Education Association

© Home
@cceanv
# Explore REMINDER: We're hosting 4 regional #StrikeVote Q+A

20+
Sessions this week:
~ Notifications
Tuesday, May 7th @ 4:30pm

El Messages
Del Sol Academy (3100 E Patrick Ln)
Spring Valley HS (3750 S Buffalo Dr)
i::J Bookmarks
~ Lists Wednesday, May 8th @ 4:30pm

Mojave HS (5302 N Goldfield St)
Profile Centennial HS (10200 W Centennial Pkwy)
8 More
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Tweet
~ ..... ,-•-;··.
---~j
12:00 PM• May 6, 2019 • Sprout Social
Relevant peo'ple
Clark County Education... (

@cceanv
_____ _________________
6 Retweets
Likes
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Show more
EXHIBIT "6"
EXHIBIT "6"
8/26/2019 Can the success of teacher strikes elsewhere be replicated in Nevada? I Nevada Current
Can the success of teacher strikes elsewhere be

replicated in Nevada?
By April Corbin • May 8, 2019
Southern Nevada teachers rallying for support in April.
It's a narrative that appears to be playing out all across the country: Teachers are going on strike, calling in sick en
masse, flooding the halls of capitol buildings and taking to the streets over low salaries, high class sizes and
dwindling resources. West Virginia, Arizona, Colorado, Oklahoma, Kentucky, California and North Carolina have all
seen major teacher protests within the past 18 months.
Nevada could be next.
Clark County School District teachers this week are voting on whether to authorize a possible strike at the beginning
of the next school year. The Clark County Education Association, which represents the 18,000 teachers employed by
CCSD, called for the vote of its members as a response to growing concerns that the Nevada Legislature and Gov.
Steve Sisolak will fail to deliver on their promises to fix systemic issues within the state's K-12 education system.
Online voting to authorize a strike began in the wee hours of Tuesday. By midday 2,000 votes had already been cast.
For the undecided and enthusiastic, the union held two informational meetings Tuesday. An additional two meetings
are scheduled for Wednesday.
Voting runs through Saturday.
Approximately 11,000 of the school district's 18,000 licensed teachers - or 61 percent- are union members and
therefore eligible to vote. A simple majority of votes is needed to authorize a strike. The results of this week's vote
could be released as early as Sunday.
https://www.nevadacurrent.com/2019/05/08/can-the-success-of-teacher-strikes-elsewhere-be-replicated-in-nevada/ 1/4
'Enough is enough'
CCEA Executive Director John Vellardita believes putting the option of a strike on the table sends the right message to
a Democratic-controlled Legislature that thus far has failed to launch.
"There were high expectations when this session opened up," says Vellardita.
That was back in February.
It's now May and only four weeks remain in the legislative session. As of Tuesday, no bill has been introduced to
address the decades-old funding formula known as The Nevada Plan, which almost all education advocates agree
needs to be updated in some way. Large questions still loom about whether additional revenue is possible (and if so,
how much) given the governor's earlier insistence that no new taxes would be imposed. Such weighty topics need
time to discuss and pass even the friendliest oflegislatures.
"That window (of time) is compressing every day you don't introduce something," says Vellardita.
The CCEA head did confirm the union was a part of a "sneak peek" meeting reported on by The Nevada Independent
Monday. The series of meetings, which also included district officials and business executives, was related to the
long-awaiting education legislation but was said not to include specific bill language.
Vellardita would only say he hopes the governor and legislative leadership find "appropriate solutions" that result in
getting raises to educators and resources to students. Such an outcome could potentially null the need for a teacher
strike, which does carry legal risks for both the union and those who participate in it.
Nevada teachers are barred from striking by state law. A court could fine CCEA up to $50,000 per day and teachers
who participate could be subject to dismissal or suspension.
Vellardita says the union has acknowledged that strikes are prohibited by state law and encourages everyone to
assess the risks for themselves. However, he believes the national context matters just as much as the words printed
in Nevada Revised Statute.
He points to strikes and protests in states "far more conservative politically than Nevada." Strikes are illegal almost
everywhere, but teachers are doing it anyway because they work.
"They took action. Enough was enough. They won to some degree their demands. Not one educator lost their job as a
result."
Vellardita also doubles down on concepts sacrosanct to unions - the idea there is safety in numbers and when push
comes to shove the power rests with workers banding together.
"Clark County started this school year with 500 vacancies and they'll end this school year with 500 vacancies," says
Vellardita. "What are they going to do? Fire several thousand teachers and replace them with who? We don't see that
happening."
'Empty threat'
Not everyone in the education community is convinced a strike is the way to go.
The Nevada State Education Association, a statewide union connected to the National Education Association, has
consistently butted heads with CCEA over policy positions. The two unions were once affiliated with one another but
officially and dramatically parted ways just over a year ago.
NSEA President Ruben Murillo says the successful teacher strikes that occurred in other states all had the support of
their school districts, trustees and affiliate unions like NSEA and NEA.
"It wasn't just teachers and support staff," he adds. "There was a broad coalition."
Murillo says NSEA and NEA won't be able to help CCEA and its teachers in the event an actual strike happens. Other
education advocacy groups have largely remained mum on the proposed strike, choosing instead to wait and see how
the rest of the legislative session plays out. (Similarly, school board trustees opted not to attend a CCEA rally last
month after legal counsel said their attendance could be interpreted as support of a strike, which at the time was only
a rumor.)
The lack of a coalition isn't Murillo's only concern. He also questions the timing. He likens authorizing a strike that
won't happen for at least four months to being a parent who repeatedly threatens a misbehaving child with a
punishment but never delivers.
"The action has to happen now or it's an empty threat."
Regarding the timing, Vellardita says it is what it is because of the legislative schedule. The last day of the current
school year is May 23, roughly a week before the end of the session. This means legislators will still be working on the
budget and the fate of education policy is likely to still be up in the air.
Once the state budget is finalized and approved, the process trickles downward. CCSD will look at its official budget
and make any changes - for better or worse - over the summer. That process sometimes trickles deep into the
academic year, as it did last school year when there were two major budget modifications that affected every school
in the district.
Currently, CCSD leaders forecast they will not have enough money to honor the 3 percent cost of living increase
publicly promised to educators by Sisolak during his state of the state speech, or the 2 percent "roll up" salary
increases teachers are supposed to receive as part of the negotiated contract between CCEA and CCSD. Neither raise
was included in the most recent budget projection submitted to the state by CCSD.
The district has said it needs an additional $100 to $120 million for those.
Beyond the prospect of frozen salaries and broken promises, teachers are also concerned significant budget cuts
may be coming. The superintendent and district officials have acknowledged during school board meetings that it is
a possibility. That could mean CCSD teachers are welcomed to the 2019-20 school year this August by larger class
sizes, fewer textbooks and school supplies, cut programs, fewer support staff (like aides and maintenance workers),
and fewer licensed-personnel (like librarians, nurses and counselors).
The one thing Vellardita and Murillo do agree on is the need for some major legislative action this session.
"We can't wait two more years," says Murillo. "If nothing passes, it's the status quo. You'll see cuts in counties across
the state.... It would be like dying, a slow death between sessions."
EDITOR'S NOTE: A previous version ofthis story incorrectly listed North Dakota among the states where teachers
have gone on strike or held major protests. It was not. (North Carolina was.)
April Corbin
Reporter I April Corbin is an award-winning journalist with a decade of media experience. Most recently she covered local government for Las
Vegas Sun. She has also been a staff writer at LEO Weekly; web editor of Las Vegas Weekly and a blogger documenting bike share systems' efforts
to increase ridership in underserved communities. An occasional adjunct journalism professor, April steadfastly rejects the notion that
journalism is a worthless major. Amid the Great Recession, she earned a B.A. in journalism from the University of Nevada Las Vegas, where she
served as editor-in-chief of its student newspaper. She later earned an M.A. in media studies and a graduate certificate in media management
from The New School for Public Engagement. April serves as treasurer of the Society of Professional Journalists Las Vegas pro chapter and is an
at-large member of the Asian American Journalists Association. A stickler about municipal boundary lines, April enjoys teaching people about
unincorporated Clark County. She grew up in Sunrise Manor and currently resides in Paradise. She lives with her boyfriend, his toddler, three
mutts and five chickens. In her free time, she enjoys rock climbing, exploring Nevada and defending selfies.
EXHIBIT "7"
EXHIBIT "7"
8/26/2019 (17) Clark County Education Association on Twitter: "~[BREAKING] CCEA Educators Vote to Authorize a Strike https://t.co/MVDCKifllS" ...
I ... Tweet I! (9 ::·se"ar~h-iwi}t~r·\._ ..'.:··,, · ·.
@ Home 1
=
f ~\
I ',~,/
Clark County Education Association
@cceanv
v Relevant people
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# Explore !,![BREAKING] \5') @cceanv
CCEA Educators Vote to Authorize a Strike CCEA is a union of educators cc
~ Notifications to elevating the education profc
B Messages ..., ........1

theLJnlOn Clark County Education Association
CCEA of teaching
professionals
4230 Mel.ood Drivo, Llls Vcgos, 1'N 80121
Contact: Keenan Korll,
702-343-6410, kkorlllCc:cea-nV,Ol1J
' tr~ra~s ft;,r\y~u
t----·-· -. --··. --·------ --·· -···-.·-···i
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[NEWS RELEASE]
Sunday, May 12, 2019
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CCEA Educators Vote To Authorize a Strike ; lt'f#WomensEqualitypay. Use.your VOi
; . speak up .for gender equality i
~ Profile Ll1s Vegas, NV - In an overwhelming domonstraUon or support, CCEA members voted !- ·el
Ptomoted by !:quality Ca_n't Wait·. j
to outhortzo o strtko for tho 2019·2020 school yoar If tho Clark County School District
carries out thn>nls of budget cu1s duo to lack ol lundlng rrom tho Stale durtng tho current r .... _.... -•·'!'-•-· H·• •,• ......... , ... , . -..... r•- "'1
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Lcglsl.iUvo SeMfon.
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••• ' •••
Durtng • rive day period, ovor 5,000 teachers p,1rtlc!pated nnd voled by o 78% margin lo aUlhortzo
a strike. CCSD has publicly sold thol If II docs not n>ccivo odcquato rundlng lrom Iha Novoda
Loglslaturo lo meet tho needs or students nod P"Y toochers a rolro, then "will be forced to mnke
budget cuts up lo nnd Including 1,500 pasillons •
CCSD educators hove oodumd two yoors or so1'uy rn,ozes With fewer resources and In lorgor
class sizes. Tho veto D.fflrms tho reeling of many educotors that "enough Is enough." The strlko
~ _,,.., ____ .. ___......--- .....
Pol,itics:
, -···- .. ------·· --- . -'{
'1Ulhortzalion volo comes she weeks otter!)4% or educotors lndlcolodln a poll that thoyVIOuld be G()PiRep,.Sean:D}Jffy
willing to loko action II funding was nol p,1ssod In this Session to bring moro rosourcos Into lho
cbssrQOOl ond lo P"Y teacher tho promised sala,y lncreOS-O, ·anncill~ces !liisresigi:iatiorj fr9 •. :
II ls clei!r With thn,o weeks fen In lh& LegislaUvo Session lhol tt Vlill toke Q bi-p,1rtis'1n effort
by Democrals and Republicans working with Governor Sls6"'3< lo rooch budget agmemenls
to propcrfy fund oducolion, Foiluro to do so 1vill trigger CCSD budgel cuts. CCSD budget cuts
r--:·: -· - •- • ---·---·.-·••, ·-----~ ···-· - ·-···l
wm lrlgger a stnl<o or educolors In tho 2019-2020 school year. The slrlke vl(ll lost unlil funding Is ; :u-Abtaffis
.. -· - - ~
·• : · !I
secured ror sludenls and toochors. In a recent poll conducted With 400 high propensily volors ; . ............. , ··-· --· .._., ·.......... --.. -........ __.,, "'"'"i
In Southern Nevada, 76% velors sold lhOY would support educalors going on strike If lundlng
to reduce cbss sizes, bring m0/8 resoureos ror studenls, nod P"Y loochers promised sala,y I
Showmqre
In=•• wos not provided by tho Legislolors.
!
"1,\b an, hopeful that lho Govcmor and Democrats and Republican, wt/I wotk lo onsura our
students and educators roco/vo tho adequate funding wo nood In our ochools now. &Jucafors an,
at the Upping point and WIii net start another school yoor With larger class sizes, fewer rasou,ces,
and another sallUy freeze. If funds roach our schools and aducators, thero will bo no strfko, If not, Terms Privacy policy Cookies Ads info
lhon we Will bo forced to strfko un6/ thooo funds sra oecured, •
More v © 2019 Twitter, Inc.
- Vikki Courtney, Prosldent of CCEA
###
FUND OUR SCHOOLS

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3:15 PM· May 12, 2019 • Sprout Social
25 Retweets 38 Likes
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Show more replies
https://twitter.com/cceanv/stalus/1127698723063107584 1/1
EXHIBIT "8"
EXHIBIT "8"
8/21/2019 (30) Miranda Willson on Twitter: "The @cceanv could face fines of up to $50,000 per day under Nevada law if Clark County teachers goo ...
I
I ~ Tweet Q Search Twitter
t.1 Theodore (Theo) Small Retweeted

© Home
Miranda Willson V
@mirandawrites
# Explore
The @cceanv could face fines of up to $50,000 per day
20+
1-c,l- Notifications under Nevada law if Clark County teachers go on strike.
But union representative Keenan Korth said the union is
B Messages "prepared to deal with whatever risks and
consequences there are."
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lasvegassun.com/news/2019/may/. .. via @LasVegasSun
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i[_ _______________
Relevant people _
Miranda Willson
@mirandawrites_ C
I write a lot @lasvegassun. New
Press Association rookie of the:
my work at the Medford Transc
Las Vegas area teachers vote to strike next school year the 2 Ls:
The Las Vegas-area's largest teachers union is authorizing members to go on miranda.willson@gmgvegas.co1
strike if budget cuts are made for the next school year. The Clark County ...
8 lasvegassun.com Clark County Education... (
@cceanv
12:37 PM• May 13, 2019 • Twitter Web Client to elevating the education profc
14 Retweets 16 Likes I ------------------------
las Vegas Sun@ (
@LasVegasSun
Q t1 Southern Nevada's award-winn
' source for news, sports, politics,
Larry @LeisureSuitLV • May 13 V I i I
entertainment and opinion; Ice,
Replying to @mirandawrites_ @LasVegasSun and @cceanv owned and independent since '.
L __
~1
Did you ask how much CCSD will lose if students don't show up for school?
I
o __ n------~-- i1i __________ I Trends for you
Linda Jones @lindadjones702 · May 13
Trending in USA
Replying to @mirandawrites_ @JeffreyAHinton and 2 others
Braxton Miller
Does that not show you that we are fighting for educators??? I take attacks
in CCEA very personal because I know what's required of me everyday & I 2, 1OS Tweets
live up to it!!!! 1
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o _n
II Trending in USA
King of the Jews
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US news
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https://twitter.com/mirandawrites_/status/1128021471886897153 1/2
EXHIBIT "9"
EXHIBIT "9" ·
8/21/2019 (24) Clark County Education Association on Twitter: "ICYMI: The #VegasTeacherStrike is on as long as the District keeps this budget. #F ••.
Tweet Q Search Twitter
V
© Home Clark County Education Association
@cceanv
# Explore ICYMI: The #VegasTeacherStrike is on as long as the

20+
District keeps this budget.
1-,i. Notifications #FundOurSchoolsNOW
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'.'~··•-..--.·._.,_., .. _.,,.. .... ·- ... '---· ~---, - Clark County School District approves budget, teacher raises not included
The Clark County School District budget does not include pay raises for its
employees during the upcoming school year.
&ktnv.com
10:15 AM• May 21, 2019 • Sprout Social

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(
9 Retweets 17 Likes i Relevant people
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Clark County Education... (
0 t1 I @cceanv
---~ CCEA is a union of educators cc
Universal Domino League @udldominoes · May 21 V I
to elevating the education prof,
Replying to @cceanv i Sign up for membership today.
I
How we depend on our teachers to teach if they are sitting there worried iI '--------------
about bills and life in general??? i
! Trends for you
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71
Gardiner @RENCE73 · May 21 Trending in USA
Replying to @cceanv King of the Jews
15.4KTweets
US news
Trending in USA
! Braxton Miller
1,693 Tweets
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Trending in USA
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2,211 Tweets
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#SaveSpidey
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Trending in USA
#ripreese
7,027 Tweets
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EXHIBIT '' 1O"
EXHIBIT "1 O"

We are providing an update regarding the status of the negotiations with all bargaining units which will
provide pay increases to all employees of the Clark County School District (CCSD or the District). The
implementation of committed dollars by the Governor and Nevada State Legislature has been a top
priority of the Board of School Trustees and CCSD administration, and internally had been a goal to go into
effect by the start of the school year.
CCSD participated in a negotiation session Wednesday, August 14, 2019, with the Clark County Education
Association (CCEA). During this session, CCSD proposed a two-year agreement that would provide
additional compensation to all licensed employees based on the additional biennial funding approved by
the Nevada Legislature in June. This offer includes:
• 3% increase in pay in 2019-2020

• step increases for all eligible employees in both 2019-2020 and 2020-2021
• 4% increase in the CCSD contribution to the medical plan in both 2019-2020 and 2020-2021.
The District is prepared to submit this offer to the Board of School Trustees at the August 22, 2019
meeting.
The CCSD team has also been meeting with the Clark County Association of School Administrators and
Professional-Technical Employees (CCASAPE) and the Education Support Employees Association (ESEA)
and has provided a verbal financial offer to both bargaining units that matches the above mentioned CCEA
proposal. In addition, the CCSD negotiation team has been meeting with the Police Officers Association of
the Clark County School District (POA) and the Police Administrators Association of the Clark County
School District Police Department (PAA). The District has verbally discussed the same financial proposal
with both the POA and PAA.
CCSD is prepared to move forward immediately with the pay increases promised. The District will further
provide a written proposal with the same financial aspects offered to CCEA for CCASAPE, ESEA, POA and
PAA for approval at the next scheduled negotiating session.
This is the most significant increase in compensation and benefits proposed for our employees by the
District in over a decade. It is the hope of CCSD that all bargaining units will accept this financial proposal
and allow the District to provide the additional financial compensation to all of our employees that was
funded during the legislative session and promised to our employees.
EXHIBIT "11"
EXHIBIT "11"
8/26/2019 CCSD Fails to Deliver to Educators - CCEA
•••
Become a Member Of The Largest Educator Union In Nevada (https://new.ccea-nv.org/join-2/)
Join Today (https://new.ccea-nv.org/join-2/}
CCSD Fails to Deliver to Educators

August 16, 2019(https://new.ccea-nv.org/2019/08/16/)
Educators recently received an email from CCSD outlining their proposal for the contract re-opener with CCEA for
economic issues. CCEA's negotiation team has already told CCSD that this offer is unacceptable for the follo'(YiH~s://n
reasons:
https://new.ccea-nv.org/ccsd-fails/ 1/3
8/26/2019 CCSD Fails to Deliver to Educators - CCEA
• The offer fails to pay for the column movement to thousands of educators. ew.ccea-
•
• The 3%, 2% step, and health insurance money was provided by the Legislature and i§_guaranteed that employees will ••
receive it. Let us be clear- regardless of when this negotiation is settled educators will receive that mon~y'-fJiWWith
retro pay.
• Furthermore, CCSD has failed to address the current step freeze that all educators were on this past school ~e2£,.
• Nor has CCSD addressed the reduction in salaries due to the PERs cost of .625%.
CCEA gave CCSD until August 22, 2019 to provide a new offer that meets what our membership needs.
CCSD has offered nothing to educators. The money on the table is the result of the Governor and Speaker Frierson's
leadership and through the efforts of thousands of educators.
We are extremely disappointed in Superintendent Jara. He has turned his backs on educators who advocated
relentlessly during the Legislative Session for more funds for our schools. He has turned his back on over 18,800
educators who day in and day out have committed time and resources to improve their practice while working under
extreme conditions of large class sizes with less resources to educate over 320,000 students.
CCEA's Executive Board is meeting this weekend to discuss the next steps in calling for a strike. All parents will be given
ample notice in advance.
Stay Tuned
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https://new.ccea-nv.org/ccsd-fails/ 2/3
EXHIBIT "12"
EXHIBIT "12"
Why are we taking this action?
Because CCSD's contract proposal fell short of meeting our members needs. They offered only what we had
already secured in C~"$o]~Oify:'Witli:-[t!Jousai[qs .!3fied4gatp~ 1le~tlinJl1t~~jW@Jjg~tii7~f9f:rri'pre funding for our
1 1 1
schools. The 3%, th€(St§P, i~dr.ea\et;)Mc:11m9ft~ritlind:t~r he ~th Jn~qra~c~jnadA~~agy~b~\:in secured in
Legislation. When we 'brouglitujJ coli.Jfun·adefahterr1'en'ts,''th~·sti{obl•clisfrittttfrnea the'it--back~ on educators.
The message the district sent is they do not care about the over 3,000 educators that earned column
movements, qncf:th~:Sacri_fiqes :edm;ato.rirmclke;tc;, rim prove, t~eir:crc\ft,. f. -~ :-·- ·1 f ·-·-··· ·1 :·--·-- --·-- --, · ·t
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This struggle)~ :_,~b..Yf a 1¢~pimitrvent:t~at wasim~tj~(~h~t1ri1..U~~il:l: ~1pt. [!IJ!S 1(s,;_aO?.lJ!\Wh~th.~ffG~'~o.,wants to

have a salatY,_ s,cf)edul~ •thft allqw~ ,egq~ators1tQ,1mpf0_ye ,tli~IJ'.i()Jactrqei arctibe, P.f'd a }hi;! :profesS!G~als they
are. ·,. -~·------ ~--·-·· ..:J !. ____ •., •.J \ ..:__ ./ 1.... -.:- •. .1 \., __ ,._____ ) •-•. . / \...._ ---· .. ..:.._._.,
7
Is this legal~-,-·:· ____ ..1 / ..... .,. r· ,~,- .. ":·: r •.. "\ ,,-:·--:--, : •.. "~. r-··· -- • .. • i ---- .. i
No, and we und~r$tFnMh.at. :1,t Vfa$~'tJe9~1 jn ,s_~ver~1-$t~tElS\Wh·~r~ ,hqn9recl_s'pt-.t9oa$1;1~qs egy✓cators stood ior
their ground. No one'Was [ar'restEld, ang irib,6ne'iost their ~0b: i ! ; !' . i : i) · .J ;
1 --\
: ,,,_, :-·, ~ ; ! ,-1\ ·\ i '.\_-/!.: ~ f_. '!; j\_· !' i. '1. .,,,1
What can happeh to ·u~~f __ .. /· L_.' ...J \~:,¥ :r L.' f. ~·~-.. : ·~ :. ___f: .... :.,.-· L ··- ·J ~ "· ;~_!( ... ·:.\..--., J
CCSD can go as far as firing people or initiate some form of discipline. CCSD can go to court and try to stop the
strike and seek fines against q_QI;~~'ij.)iJFQO~'s le~oer~t,fp:··; ........ :"•-.-··· ·1 t
Will people getfired? :_1 · f j ·.. ) /. /\ ·• \ ·. :. {;:' ./
NO- listen to Superintendent Jara. Qn!~N~_BJNher¢,1he:~~ys.i(;;C~D has"~Uhc:li'EldS of vacancies, and he doesn't
intend to do that. It is well documented.that the school distrittinJs significant!ricruitment and retention
'-··-·--·· '·-·-,, ···'·----....· ·-~--~--'
tif
problems, they simply cannot a":fforci tif;tire thou~ria~:9f ghly<.qU~lifie~ig~LJc~ti:lrs that dedicate their lives to our
children.
What more than likely will hapRen?.....---····-····· .. ,.-,-· ..·:·-··-. •··: ·:······. · .--.·.,.- /.··i
CCSD wil)!tfy t9]<eep'the\~iti601[M~~;t~ElY :nave .750.fEtc'fincies. :Hlpw ,~an ,h1ey·fite ,te~chers' ani{li~vk no
replacem~htsi l~ginEl·how iRare.nts ,will ;refact' lhQtqer,tp e\~St,fre 1th($ f$$1Jlt w.!:iifndstihave '$~ver~I ,thotisand 1
educator~;particip,.ating_~ahclwb e1pect,fhat Jo 1~·app'~n~. \ \ . /-,... ·; ; · . ·; /. · J

; _··1 ;>·. · ~--- _l ! . I / ... ! . .\ \ .; ~~· -·: .t :·/ / :· -v • .:
Will we ..Iese
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pay))r oenefits?' ; / .. r:''/ " .
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You will npt:bi pap;i:,fqc'mj~sing IJllor~, ,i(the ,scho9ds ~h1:1td?wn'-theh 1¢'6:SD'~i11\ha.v.e totarr~n[;Je a,rrfa~e-up day
later in th~ y~~r. VJnd~r St?,t~ssJtute; •~G:SPJs,($'qt.iire~to;have ie~Jnst_i;ucti9nc\l clafs .. ¾6~ ·Will hpt:!qse your 1
benefits (r:e_;liecJ.ltli .and re,trrement), • . . \ j . . .\,, /' } · . ·. 1

. ,_i. . . . -·. . . . •·"' ~ ·. !
Can I call in sick?
. ,. ]
1
You can 9s$ your ~i.dk ,dciy atYour :dis¢re.tion ,for your health. Yoi:11 .can .alsq Ll$e your :persqnafday at :yo ur 1
discretion;:to~your ,o~npersofr~I re:a.$Qn$. ·· · · · . !

. . i
What d9 7I ay to,i:uy pri~cipijl itthey ask me.abo~t September fQth?. · . ·l
Principals:, ar_~ a.sking ,,t~is ,to• m~k$ $tri1<e·:prep§.rEitiph$:. ¥pu,d,0 n0.t ha,ve :tc~·,tell ,th~n).1ify0u an:i 1pa.rti¢ipa.qng or
1 1
not. If they1ptessµr!:! y9u ,9rtf)r$atElh y0t:!. :pleg_5e ,contact CCEA ,ii:nmedia.tely.. ilh aqistutfsiqn with ,the ~overnor,
Superinterderit Jaff3Sajd 1Pflric;ipals §h0t.llcl)llO{ibethreatening,~mpl0Ye,_~s, . .
;-
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. [ ,,:, ; ,11r.::,:y~•-e.-,:;\'T' { :--ri ', ~r;,-..:.r:•c:,;\"r; ( :-, ) (~";.r;;--.:;::-.-.,:-:,;',;, ,..,-~,-,·;
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i __ - _ \ ~ : ,l~-;_':i.:,..::-v.J .• _,,i \ V .- ~~:'-'-'::'i'.,:,J:.1J,t . ?"'~- .~__..,!:\."'•.. "'T.J..~.,'{_1'.J!~-J · ·,
Do par~nt$ sl.lppor:t Ul?? · .'.... ./ - : .: · '·-.. ,. · · ·-- j
Yes. We havg he§.rtlfrom ,ff\c!.11YWfio s:?y ,tfiey sUgpc:Jr:tii;idutators; We al~q.t0ok apoll Mel :a§ked if,tli$ :public
would suppqn: a. t~achers strike. for p~y. i@ver 78% saitl1Ji$y would sL1pport,the·strlk$ .. . . • !
··-··-· ··-·-· , ___ · ·-----·, ·-.---·-·--··-·-··-.. --•. ~-;;.ij{::' ._ -· ,. .- .. -·-· · - - - - - - , _______ _., __ ,_~·i
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fheLJn1on
CCEA of teaching
Clark County El:fucalion Association professionals
What will CCSD do?
Go to Court and try to get an injunction to stop the strike, will try to keep the schools open and run them, and
will try to get subs to_1wpr:~ ~n~. fine! •IJlRte,·i[~E; t>,iRtric!,~lre!iqY 9.oesn'.t,haxe..lf!.!1Pugh_,to}ilhttJ~ 7750 vacancies!
They will have principJi!sJfike. M1~~s(f\~n~:ot1 wh'q \viii :sf
bl.v QP. 1tb:wo· }k~ 'tl~not 1111'.rtjti~,!i,tg\irf this survey -you
., t·h· ..r -V--'t'·•---'-',, ~, .r -;-; . ,. , 1• _. 1L· 1,\ ,1""".\..: _i '- •___ , ,\ ,
1
do not have to answer,1 e1r.,ques ions.· -... _., -..., .___ __1 ,._ ___ _. ·- .,•.• -· ,_., ·-..... . - ------~ 1 L .. • .... :
What shoul~J,.we dQ? .. - - - . -· r; - •· - .• : - •-·. ·· •·, -----,- ·• - -'. ·· - -. ; . ·; ,. - - - -.

You will_ contj6u~--th,f~·c:~i~e\i~f~rri;~yQpif«>0 'P~~-a~t!_¥?Vt~ell}l!!i?bi1~ii~~r.,M;th~!~:i~[t'l'.d~D-~ildi1~fJ~ader,
contact CC~:cilf!:!ytlY,_•T.~e '.mforr11:tt15:r :yo~ r~CE!!~9.. ':;'.JI~ iPJ~y1dp 1~!:;truci1on.?4gr 1pr~parm1l) {gr- ,thE:!°\stnke and the
1
day of the stnke,t:9ur:blltl~mg Vl,'.lll'Jre~t1ve mfprmc1t19nim,tJie qommg d~y!,;, - ll \ , .. ·. __.

r·'.~\:)· ·1 ; ___ ;_ _: _1_\ ... \ ..! . L, 1- i \. \ ;.·, : r··,
1
On the day;~!'.1~.:.~trike, wh~t-~rouL~~~1tot,;.i L. ______ _] L: . :::.J \,_:_) t.. ........ ,:.•.• .I
We will be out front of the schools letting parents and students know why we are out on strike. We will have
handouts for th~J~ublig_.YJho ,i;;-om1;. by;_'fte wJthave ple:.~t s\~~s !or p_gQpJe to hole:! ~p_for,t!)~..P.@Jlc to see.
During the day,iJ)Ne'1fii!I ,~J1-<f rrfobilii 'aJl,e.p1.1¢<!.t9rs to:p~J:ti~ip~t_$,i~,~ rpa?$ir.p-lly.th a:t-'Yfe\w.ill 1i;ifli\oUt,ce soon.
1
;_ - L-:;-· ~-· f i J :.~. t) .) j ;~ . -.,~,: .. ~I: i ~ .: :- 1i.-{ ) : . ~.-..:~
What about Other;LicerlsEfcf Professiorial~ (Pb.P$)?i . '. ; . : : ::_ -:··' •. ' . ' . .
They will particfp·a:lin the'-striR~:-:t~~y earl
'be:,pres~nt•With ~ic::l<~t 'sign-;,out f(ont Jt\hei~ 1i:Je~igh'at~d work
assignment or out front of another school's strike.
Can non-members participat~?~,. ·._ . ·\ ( _'1 _ :·. · \ t _ , · - : ) ,·, )

• ' - • I I ,. • - . ' T - - - • / /
Yes, every educator in our barg~iir:iing\u~ltiistnvites{to,r1~i:ti¢ip~te. S6ljciflr'ity.b9tl;l with members and
nonmembers is critical to our s~c:te.~s:;· ) i : 1--- • • ' ' • ·.;
! • ,,....... ~..,. i . .t \} ·-:. ~ !
1
What about our student~ whcf¼eed to :b~ fe·~·?·· . ' ·• . .' :
We want those students to be fifd.arid Will suppc:5rt'tliat effort.•in fact, partof'ti-ie'reason we gave Sept 10th as
the strike date is to give parents ample time to make arrangements.
-- .... . .. . ....... ---·~-- . ·~ ...... -:~...- .... ·.; :
/
What about.spe,cial·ne-e·~s sfudenfs?' ·._ ,~ · ·,: . 1
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We have lcilgn(;cs(:?'.,we,wu}~Ll
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What a~outl other't:tcsd erliplo~ee·st?,· I ~ \ I ; " / / ' •• '
We have hE:!ar~ fr~:rri~mc!,~i~,n\pltjY_f:!eJ, i~~l~:ctiti6 subpor,tiJtaff 1iA~i~~!~; ,(v~fl l~r.:W~~gll Despite ~ni ~llJJpprt
their officialorgani:zation'.s po-~itio'ri,. tnany 1kn6w thcitrGOEA'.is rig~t ifi:this cau~e; ,anti ihas.letlthe :succeissful
1
effort in q~fio!i ctti 1t611Jfin'1;JJhe t~Jig_i; th~y~IJ .Wiii~IJ~;fi:i-t1iVing. Nfr:o_th~i\Uniqri{rfic:ibili~~g:itt3ns"iqt',th~q'.sands of

people, s~~Lirec_l h'yngfi:igs16fcJnillibli~:'9NfQ_l~l!r$;.la.:mtpush$Jl~u€a.:tiqrbt9itlw1fQr~frqnttJ:ii~. ·!
legislativer-~~s!:lieif · · · · ·: ·:--✓ ..
! . --• . i
Was thtjre a meeting With the G9ver:nor? .. _ - -. . , , 1
Yes alon~ ,~itlj 1t~:e ~pe~ke(_1a.:n~d .irvf~j6'fity i!ei!d$t,· (jf\tfi~ :A~,§~mf:ily1an~.$J~riate: iTTnE!iW,<lttt1fCJ:r~~olve}-1thi~ without
J
a strike--~ WE!_,c:IQ; l\,IV(:i a.:pprei9j<!t~ 1tliE!itrg1'forts :angr,e~pgt;:t,rnor~ i~~i$t~n'/::~.® •the i{li'.l"¥$'ITIQ\le':1fgf:Wa.:rct'. ;But the
District mµ~t_ike§!p t!iE;lir,corntnitmerit1of1Pc!-Yirig.l~(:lyg_a.:tor§. · ·
1
·!
i .. . -· . .. . . i
Will we r,,in? '
Cesa~ ':h~y£¥t, ,f~J'f.19,ti~~~~l,9~n ~c;tivi~t: ~~i_a/~~Jze
~o~l~:l~fi~t~cl ~ill p~Y~!I~~ ,c;J~l~~t~_~:"l(f i~,tifii~ :+or,l)~,(to stand
up to lnJU7J1~e ci_n~,,~~IJlOJl~t_i::~~BWQfaye[!,n9 ~i:Q~n,!}~;1niprw~ngJ~j!_;l!~~~t9,f;~~~~o,ne m1,th~ lark 'f
County S\=bqol D1s_t~1ct.< -.....,...., ·· · ·,, ·· -· · ·!
I •
. ·. . !
' ~:~. l'
·-·-••..J• ~·- -· -· •. --··- ·~ ~-· - ... ·-~- . --- '~·' ·~ .. -- •.. ·-- ..... -•~···~--·-: ·- ····- .• ----~ .. - ., - - ·,. -~- .. :
'
th eLJnlOn
CCEA
Clark County 8jucaUon Association
of teaching
professionals
EXHIBIT "13"
EXHIBIT "13"
1
DECLARATION OF BRENDA LARSEN-MITCHELL
2
I, Brenda Larsen-Mitchell, hereby declare as follows:
3
1. I am the Chief Curriculum, Instruction, and Assessment Officer for the Clark County
4
School Dish·ict (the "District"). I personally know of the matters stated herein and if called to testify,
5
could do so competently.
6
2. I have been employed by the District for approx1mately 25 years and have held the
7
position of Chief Curriculum, Instruction, and Assessment Officer since September 2018. In this role,
8
I am responsible for supervising four divisions within the District which work directly with the
9
curriculum, instruction, and assessment. These divisions include the Ctmiculum and Professional
10
Development Division; Student Services Division; English Language Learner Division; and
11
Assessment, Accountability, Research, and School Improvement Division.
12
3. Prior to serving as the Chief Curriculum, Instruction, and Assessment Officer, I was an
13
Academic Manager/Associate Superintendent from August 2012-September 2018. I have also served
14
in the following roles throughout my career with the District including, the Executive Director of the
15
Curriculum and Professional Development Division, Principal, Assistant Principal, Dean of Students,
16
Mathematics Teacher, and Special Education Teacher. Based on my current and former roles with the
17
District, I have personal knowledge of day-to-day school operations.
18
4. The District consists of approximately 360 schools and serves approximately 320,000
19
students.
20
5. I understand that since May 2019, CCEA has pledged to strike during the 2019-2020
21
school year which started on August 12, 2019. On August 20, 2019, CCEA announced that a strike
22
would occur beginning on September 10, 2019.
23
6. In the event of a strike, teachers would be difficult to replace as there is not a sufficient
24
pool of substitute teachers available to staff classes.
25
7. A teacher strike, especially an indefinite one by an unknown but likely substantial
26
number of teachers, would have significant negative i1npacts on student learning, including but not
27
limited to the following:
28
LITTLE~,;~;,~'.~~~~.~u, P.
3~!>Q tto .. a1d ~111,u J'a:kw&J
FIRM WIDE; 164699980.1 026133. I026
S1a1, )00
us Vt~n. ~N !!,153:.:iy31
UJ'18fj11tCC
1
a. Because of a limited number of teachers in schools, in the event of a strike by
2
CCEA teacher members and/or non-members, students may need to be organized into large
3
groups in cafeterias, multi-purpose rooms, gymnasiums, libraries, theaters, or other schools
4
instead of regular individual classrooms, making it difficult to supervise, monitor, and provide
5
effective instruction.
6
b. In such large student groupings with limited teachers, it is anticipated that the
7
primary focus of school personnel will be to maintain order and promote student safety, instead
8
of providing effective instruction.
9
c. The substantial increase in student groupings expected to result from the strike
10
will hinder the ability of teachers, who may come to work, and substitutes from effectively
11
monitoring students' learning and providing timely and adequate interventions.
12
8. A teacher strike may result in school closures.
13
9. A teacher strike would adversely impact the learning outcomes of students with
14
disabilities. As prescribed in the Individuals with Disabilities Education Act (IDEA), students with
15
disabilities are entitled to a free appropriate public education and special education and related services
16
in alignment with each student's Individualized Education Program (IEP). Students will likely not
17
receive the required educational and related services as prescribed in his or her IEP. This would create
18
situations in which students' learning would not progress and the District would be in violation of
19 ,,· J;;.•.
federal and state laws. Moreover, many of the programs in which students with disabilities are served
20
have enrollment number limitations as prescribed by the Nevada Administrative Code (NAC). Based
21
on limited teachers, the District may not be able to maintain the program teacher to student ratios and
22
would be in violation of the NAC.
10. CCSD serves approximately 56,000 students who are English Language Learners
24
(ELL). Once again, with the limited number of teachers serving large groups of students, it is
25
anticipated that ELL students may not receive the necessary instruction and opportunities for language
26
acquisition to be successful in their learning.
27
28
2.
/.tr;:ih£1\A.rLiw FIRM WIDE: 164699980.1 026133. 1026
J~iiO H'::!lUld H,:9!ie, P11•J11t
S.i•I• )~0
lu'le~n.tlV &915~)93/
lO'!.a~,uiJO
1
11. The District cannot fully evaluate the instructional and educational implications of a
2
strike given the indefinite duration and number of absent teachers. However, depending on the length
3
of the strike, students will have academic gaps in their learning and will lose educational opportunities
4
necessary to promote their success to be college and career ready.
5
I declare under penalty of pe1jury that the foregoing is true and correct.
6
Executed on August.2fo, 2019
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ,.,
.) .
LITTLE~,~~~-~;:;~.~ 11 • P FIRMWIDE: 164699980. I 026133. I 026
Ji:O Huud H1i,:\U Pa1h·1y
!it.l•ttJOU
ia1••e-vn. !l'l O'.HS1·)9l1
r11:e1;2u~c
EXHIBIT "14"
EXHIBIT "14"
1 TRO
LITTLER MENDELSON, P .C.
Suite 300
4 Las Vegas, NV 89169-5937
Telephone: 702.862.8800
5 Fax No.: 702.862.8811

8
DISTRICT COURT
9
10

12 Plaintiff, Business Court
13 vs.
Case No. A-19-800835-C
14 CLARK COUNTY EDUCATION
ASSOCIATION; VICTORIA A. Dept. No. 13
15 COURTNEY, in her capacity as President
of the Clark County Education Association; [PROPOSED] TEMPORARY
16 THEODORE R. SMALL in his capacity as RESTRAINING ORDER
Vice President of the Clark County
17 Education Association; JOHN
VELLARDITA, in his capacity as
18 Executive Director of the Clark County
Education Association; and DOES 1-
19 10,000, inclusive,
20 Defendants.
21
22
This matter comes before the Court on Plaintiff Clark County School District's (hereinafter
23
the "District" or "Plaintiff') Complaint and Emergency Motion for Temporary Restraining Order and
24
Preliminary Injunction on Order Shortening Time against Defendants Clark County Education
25
Association, Victoria A. Courtney, Theodore R. Small, and John Vellardita ("Defendants").
26
WHEREUPON, the Court considered the Complaint, the Emergency Motion for Temporary
27
Restraining Order and Preliminary Injunction on Order Shortening Time, the declarations attached
28
LITTLE~,~~~f.~~t~N, P. FIRMWIDE:166203371.1 026133.1025
Su111J00
Las Vegas. NV 89169-5937
702862 8800
1
thereto, the documents submitted therewith, and other arguments and evidence presented to the Court,
2
the Court hereby orders as follows:
3
IT IS HEREBY ORDERED that Plaintiffs Emergency Motion for Temporary Restraining
4
Order is GRANTED.
5
6 IT IS FURTHER ORDRED that:
7 1. Defendants are enjoined and prohibited from requesting, encouraging, condoning or

8 ratifying any strike or partial or full work stoppage, as defined in NRS 288.070, and
9 are ordered to communicate the strike cancellation to CCEA members;
10 (2) Defendants and the members of CCEA are enjoined and prohibited from engaging in
11 any strike or partial or full work stoppage, as defined in NRS 288.070.
12 IT IS FURTHER ORDERED that this Temporary Restraining Order shall remain in effect
13 until the Motion for Preliminary Injunction on Order Shortening Time can be heard or to a date the
14 Court fixes. Accordingly, this Temporary Restraining Order will remain in effect until: _ __
15
----~2019.
16 Dated this _ day of - - - - ~ 2019.
17
18
19 DISTRICT COURT JUDGE
~~~~
22 PATRICK H. HICKS, ESQ., Bar# 4632
AMYL. THOMPSON, ESQ., Bar# 11907
23 LITTLER MENDELSON
3960 Howard Hughes Parkway, Suite 300
24 Las Vegas, NV 89169-5937
Telephone: 702.862.8800
25
Fax No.: 702.862.8811
27
28
2.
LITTLE~,~~-~~~~~.~N, P. FIRMWIDE:166203371.1 026133.1025
Su1le 300
Les Vegas. NV 89169°5937
702862.8800

CCSD Request For Injunction

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Electronically Filed

7 Attorneys for Plaintiff

11 CLARK COUNTY SCHOOL DISTRICT,

Case Number: A-19-800835-C

15 EDCR 2.26 provides for ex parte relief to shorten time:

23 ORDER SHORTENING TIME

25 IT IS HEREBY ORDERED that the Defendants will have up to and including

11 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR

19 Dated: August 26, 2019

4 Injunction on Order Shortening Time as detailed in the attached Certificate of Service.

5 Respectfully submitted this 26th day of August, 2019.

AMYL. THOMPSON, ESQ.

7 Attorneys for Plaintiff

11 CLARK COUNTY SCHOOL DISTRICT,

3 3. Attached to the Motion as Exhibit 3 is a true and correct copy of an announcement

7 Twitter quoting Vellardita, available at https:lltwitter.comlcceanvlstatus/l l23251933102391296.

9 Twitter feed, available at https:lltwitter.comlcceanvlstatus/l 125475405522251777.

11 The Nevada Current quoting Vellardita, available at https:Ilwww.nevadacurrent.com12019105108lcan-

17 Theodore Small, available at https:lltwitter.com/mirandawrites_/statusll 128021471886897153.

19 Twitter feed, available at https:lltwitter.com/cceanvlstatus/l 130884772585181184.

21 announcement regarding additional compensation it was offering to educators, available at

24 to the District's offer, available at https:llnew.ccea-nv.org/ccsd-failsl.

5 Dated: August~ , 2019

Why are we beong asked this? ,.

CCEA of teaching the

CCEA Educators Vote To Authorize a Strike

- Vikki Courtney, President of CCEA

FUND OUR SCHOOLS

# Explore "If the promised raises don't come through, John

: @MichelleRindels & @JackieValley / @TheNVlndy

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# Explore REMINDER: We're hosting 4 regional #StrikeVote Q+A

Tuesday, May 7th @ 4:30pm

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Clark County Education... (

Can the success of teacher strikes elsewhere be

Southern Nevada teachers rallying for support in April.

Nevada could be next.

Voting runs through Saturday.

That was back in February.

"The action has to happen now or it's an empty threat."

I ... Tweet I! (9 ::·se"ar~h-iwi}t~r·\._ ..'.:··,, · ·.

B Messages ..., ........1

FUND OUR SCHOOLS

t.1 Theodore (Theo) Small Retweeted

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# Explore ICYMI: The #VegasTeacherStrike is on as long as the

10:15 AM• May 21, 2019 • Sprout Social

o,____t:_)._ _ _ _<:?_1_ _ _L;J_1'_______ _j Ii Trending in USA

EXHIBIT "1 O"

• 3% increase in pay in 2019-2020

Become a Member Of The Largest Educator Union In Nevada (https://new.ccea-nv.org/join-2/)

Join Today (https://new.ccea-nv.org/join-2/}

CCSD Fails to Deliver to Educators

leadership and through the efforts of thousands of educators.

ample notice in advance.

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Wh at' s at.l;itak~?'--·' ,: ' 1'

This struggle)~ :_,~b..Yf a 1¢~pimitrvent:t~at wasim~tj~(~h~t1ri1..U~~il:l: ~1pt. [!IJ!S 1(s,;_aO?.lJ!\Wh~th.~ffG~'~o.,wants to

educator~;particip,.ating_~ahclwb e1pect,fhat Jo 1~·app'~n~. \ \ . /-,... ·; ; · . ·; /. · J

benefits (r:e_;liecJ.ltli .and re,trrement), • . . \ j . . .\,, /' } · . ·. 1