The dispute between the Nevada State Education Association and its largest local affiliate, the Clark County Education Association (background here) continues on two fronts – litigation and communications. The latest development shows how an advance on one front could lead to defeat on the other.
NSEA responded to CCEA’s lawsuit with a motion to dismiss. The state union argued that “nowhere in the Bylaws is there any provision establishing a duty on the part of NSEA to provide any specific financial information to local affiliates or to respond to requests from them for any such information.”
Additionally, NSEA stated its policies do not constitute a contractual agreement between itself and affiliates, and even if they did, neither do the policies require the state union to provide financial information to local affiliates.
NSEA went on to liken its bylaws to the U.S. Constitution and referenced a case in which a court ruled a homeowner had no contractual obligation to disclose water damage to a potential buyer – an argument that may have legal value but is not the kind of analogy you really want to make about yourself.
However NSEA’s motion plays in court, it already has played into CCEA’s hands on the communications front. The local quickly created another short video for its members, highlighting NSEA’s court declarations:
I’m constrained to point out that the phrase CCEA quotes from NSEA does not actually appear in the state union’s motion, but is instead CCEA’s interpretation of what the motion means.
If the court rules in favor of NSEA, it may only serve to strengthen CCEA’s communications message that dues money is being sent up the ladder with little or no accountability to members.
Again, the unique element in this feud is that CCEA constitutes almost half of NSEA’s entire membership. It is difficult for either side to conduct business as usual while this continues.
I will update this story as circumstances warrant, as long as my budget for court documents holds up.