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(Photo: Michael Loccisano / Getty Images) (L-R) Principal Alice Hom talks with teachers Samantha Ng, Melissa Moy, Pauline Tsang, and Jennifer Lee in a classroom at Yung Wing School P.S. 124 on September 02, 2021.

Nevada's biggest teachers union challenged a law that forbids walkouts by the state's public school workers who seek better pay and working conditions. The region is home to the fifth-largest school system in the United States.

According to the Clark County Education Association's complaint, the state's anti-strike statute from 1969 is unconstitutional.

They claim that the contract, which was negotiated over months of heated debate, violated the First Amendment rights of the organization's 18,000 members at over 380 schools in Las Vegas and adjacent Clark County. Additionally, they argue that the state's definition of a strike is too broad, violates fundamental rights, and allows for discriminatory and arbitrary application of the law.

Two entities are named as defendants in the case: the Clark County School District and the state of Nevada. Both the Clark County School District and the Nevada Attorney General's office sent comments via email indicating that they were reviewing the lawsuit and would not comment more while the litigation was ongoing.

The 'Sickout'

Several schools in the Las Vegas region were forced to close last month due to widespread teacher absences, as AP News reported. At least 87% of educators at one school called in sick. The school district sued the union, and the court ruled that the union had to cease the walkout, which the judge described the situation as "very clearly a strike."

Participants in the "sickout" could have been facing prison time, suspension, or termination, as well as fines of up to $1,000 per day for union officials and $50,000 per day for the union itself if the strike had persisted.

The union challenged the verdict before the Nevada Supreme Court on the grounds that it was not engaged in the absences.

A union spokeswoman told AP News that the membership would be asked to vote on whether or not to strike if the union wins in court and a contract deal has not been reached.

Pay, benefits, and working conditions have all been on the table during ongoing contract negotiations that have been taking place since March. If a contract had not been agreed upon before the beginning of the 2023-2024 school year in August, the union threatened to take action, raising tensions. Instructors' refusal to work beyond their allotted time was one move.

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Teachers' Demands

In a year when labor unions have regularly questioned the treatment of workers throughout the nation, the current round of bargaining over teachers' salaries comes at an interesting time.

The Las Vegas teachers' union has asked for % a two-year wage boost of roughly 20% for all instructors. Also, union officials want higher pay for educators working longer days at certain schools and those teaching in high-vacancy, low-income districts.

Several state lawmakers have pushed for the district to grant the union's school raise demand, noting the record amount of money they allotted to public schools this legislative session.

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