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Clark County Assn Of School Administrators And Professional-Technical Employee, Plaintiff(S) Vs. Clark County School District , Defendant(S)

Case Last Refreshed: 3 years ago

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Clark County Assn Of School Administrators And Professional-Technical Employee, filed a(n) Civil Petition For Judicial Review case represented by Adam P Segal, against Clark County School District, represented by Scott Greenberg, Esq, in the jurisdiction of Clark County, NV, . Clark County, NV Superior Courts with Villani, Michael presiding.

Case Details for Clark County Assn Of School Administrators And Professional-Technical Employee v. Clark County School District

Case Number

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Judge

Villani, Michael

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Filing Date

April 03, 2013

Category

Civil Petition For Judicial Review

Last Refreshed

November 27, 2020

Filing Location

Clark County, NV

Case Outcome Type

Judgment Upon Arbitration Award

Parties for Clark County Assn Of School Administrators And Professional-Technical Employee v. Clark County School District

Plaintiffs

Clark County Assn Of School Administrators And Professional-Technical Employee

Attorneys for Plaintiffs

Adam P Segal

Defendants

Clark County School District

Attorneys for Defendants

Scott Greenberg, Esq

Case Events for Clark County Assn Of School Administrators And Professional-Technical Employee v. Clark County School District

Date Type Description
January 07, 2019 Docket Event Case Reassigned to Department 18
Judicial Reassignment - From Judge Villani to Judge Holthus
April 14, 2014 Docket Event Satisfaction of Judgment
July 15, 2013 Docket Event Notice of Entry of Order Granting Motion to Modify, In Part, Arbitration Award and to Confirm Back Pay Award; and Judgment
July 11, 2013 Docket Event Order Granting Motion to Modify, In Part, Arbitration Award and to Confirm Back Pay Award; And Judgment
June 05, 2013 Docket Event Motion to Confirm Arbitration Award
Plaintiff's Motion to Modify, In Part, Arbitration Award and to Confirm Back Pay award
Motion to Modify, In Part, Arbitration Award and to Confirm Back Pay Award came before this Court on the June 5, 2013, Chamber Calendar. Pursuant to the Negotiated Agreement Section 4-7, the Arbitrator lacks the authority "to modify, amend, alter, add to, or subtract from any provision" of the Agreement. Section 27-5 provides that "No incident or observation may result in an oral warning conference summary, written warning, unsatisfactory written evaluation, directions for change, or written admonition unless the incident or observation is called to the attention of the administrator in writing by the supervision administrator(s) within twenty (20) school days after the observation or the incident was brought to the attention of the supervising administrator...." It is undisputed by CCSD that the Arbitrator found there was a violation of the procedural notice rule. As such, any disciplinary action based upon the defective notice can not stand. To hold otherwise would manifestly disregard the terms of the Agreement. Therefore, the COURT FINDS the Arbitrator's decision is arbitrary, capricious and unsupported by the Agreement. Therefore, COURT ORDERED Motion to Modify, In Part, Arbitration Award and to Confirm Back Pay Award GRANTED. Counsel for Clark County Association of School Administrators and Professional-technical Employees is directed to submit a proposed order consistent with the foregoing within ten (10) days after counsel is notified of the ruling and distribute a filed copy to all parties involved pursuant to EDCR 7.21. Such Order should set forth a synopsis of the supporting reasons proffered to the Court in briefing. CLERK'S NOTE: A copy of this minute order has been forwarded to counsel via email at: asegal@bhfs.com/sgreenberg@interact.ccsd.net. (rm 6/25/13)

Judge: Villani, Michael
May 28, 2013 Docket Event Reply in Support of Motion to Modify, In Part, Arbitration Award and to Confirm Back Pay Award
May 13, 2013 Docket Event Opposition to Motion to Modify, in Part, Arbitration Award and to Confirm Back Pay
May 13, 2013 Docket Event Answer to Petition for Judicial Review
May 01, 2013 Docket Event Notice of Entry of Stipulation and Order
April 30, 2013 Docket Event Stipulation and Order to Continue Hearing Date
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