Wednesday 25 June  the Employment Management Relations Board (EMRB) put the CCEA on notice that they may no longer conduct business in the manner they have become accustomed to over the years.  So what does all this mean to teachers?  It means CCEA has been told by a tribunal, that contrary to their presented defense, the Nevada Statutes do apply to them regarding their activities as well as the relationships with their membership.  It also means Taylor will probably be filing out an application for Association membership soon.

In summary counsel for CCEA was questioning one of their own witnesses, Karen Ackerman.  After Taylor's cross examination a Board member was attempting to ask the witness questions specifically designed to determine the motivation behind Taylor’s expulsion from CCEA. The witness became so flustered that her counsel objected to the Board and then stated that CCEA would stipulate Ron Taylor was expelled from CCEA for filing a de-certification charge against CCEA. Taylor then made a motion for ‘Summary Judgment’ against CCEA based on the stipulation just presented by CCEA counsel.  At this point the case was basically over since council's stipulation amounted to an admission that the charges filed by Taylor were indeed correct, true and in violation of Nevada law. The Board accepted counsel's claims as stipulated to them. Counsel then made a motion for a ‘Cross Claim’ with certain additional stipulations. The Board took these matters and deliberated behind closed doors for approximately 45 minutes. When the hearing was re-convened the decision of the Board was read. Jim Wilkersen the Board Chairman stated since he was not a lawyer he would pass the Board’s decision to a Board member who was a lawyer, thus insuring the language was properly presented. Mr. Dicks was the Board member that then read the decision. The long awaited decision was short, sweet and to the point, “the Board grants Mr. Taylor’s Summary Judgment, this Board finds that CCEA did violate rights as protected by NRS 288 and this Board denies CCEA’s Cross Claim.

Summary judgment is a decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law. It took Taylor about 1/1000 of a second to make the motion once CCEA's counsel made the stipulation.

Summary judgment is properly granted when the evidence in support of the moving party establishes that there is no issue of material fact to be tried. In this case counsel stipulated that CCEA admitted to expelling Taylor for de-certification activities. If the court determines there is no triable issue of fact, the court will determine any remaining issues of law. The purpose of summary judgment is to avoid unnecessary trials. It may also simplify a trial, as when partial summary judgment dispenses with certain issues or claims. It appears that in this instance it brought an apparent premature end to CCEA's defense relegating any potential testimony from Mary Ella Holloway, Vikki Courtney, and Margorie Gibson unnecessary.