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Las Cruces School Bus Drivers File Emergency Motion To Allow Strike

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  Albuquerque  – American Federation of Teachers New Mexico President Stephanie Ly and Las Cruces Transportation Federation #6341 President Marcos Torres  released the following statement late Friday: 

 

“ Yesterday, the Las Cruces Public Schools Board on behalf of the Las Cruces Public School District received an ex parte temporary restraining order against AFT NM, LCTF #6341, and STS-NM, enjoining a strike, picketing and protests.  

 

“We received this restraining order despite no allegations that AFT NM or LCTF #6341 had engaged in, or threatened, violence.  The District’s motion, and the court’s jurisdiction to grant it, was based only on New Mexico state law. 

 

“The school district’s motion failed to acknowledge the state law upon which the Court’s jurisdiction to issue such a restraining order was based, has been preempted and displaced by the federal National Labor Relations Act, which, in no uncertain terms, grants employees the right to strike upon the expiration of a collective bargaining agreement.  

 

“The school district’s motion also failed to acknowledge that, even if the state law upon which it relied was not preempted, the Court’s jurisdiction is curtailed by the New Mexico Anti-Injunction Act, which generally prevents a state court from issuing an injunction in a labor dispute such as exists between AFT NM, LCTF #6341, and STS-NM. 

 

“Today, AFT NM and LCTF #6341 filed an Emergency Motion to Quash the Temporary Restraining Order, which we hope the District Court will grant, and dissolve the restraining order it issued without proper jurisdiction,” said Ly and Torres.