Union, teacher fight on
The Clark County Education Association won the chance to continue its fight to expel a member after its lawyer argued that case law supports a union's right to rid itself of members who would destroy the organization.
"The fact that you invite a person into your house does not mean that you cannot kick him out when he tries to burn the house down," union lawyer Francis Flaherty said in court documents.
Flaherty said teacher Ron Taylor, who is running for the Clark County School Board, was trying to decertify the Clark County Education Association and recruit members for a rival union, the Teamsters.
The Local Government Employee-Management Relations Board on Wednesday set aside its July ruling that reinstated Taylor as a member of the teachers union and will allow the case to continue.
Taylor, who has represented himself, had earlier moved for a summary judgment when Flaherty stipulated in court that Taylor was expelled for trying to decertify the union. The board then found that the union was violating Taylor's right of free association.
Flaherty said the employee relations board had erred in its July decision by not taking the union's right to protect itself into consideration and that Taylor, as a member, had a duty to be loyal to the Clark County Education Association.
John Jasonek, executive director of the teachers' union, said Wednesday's decision was "no surprise."
"That earlier ruling had no basis in law," Jasonek said. "We have a right to self-determination."
Taylor, who is running for the School Board's District B seat, has long contended that union leaders work in collusion with the school district's administrators against the interests of teachers.
While Wednesday's decision "does take the wind out of your sails a little bit," Taylor said, he believes he already has won the case, since the board has ruled that the union has shown animosity toward him and was trying to squelch dissent.
Taylor said the only effect of the ruling is that it will allow the union three more witnesses to testify in court. Because of scheduling delays, he expects the hearing and final ruling to drag out for another two or three months. Nonetheless, Taylor said, "the outcome is going to be the same."
Contact reporter James Haug at jhaug @reviewjournal.com or 702-799-2922.
