LCPS board votes against seeking litigation; bus drivers could go on strike next week

UPDATE: The Las Cruces School Board voted Friday against further litigation that would prevent a strike by the Bus Drivers Union.

This would allow the bus drivers to still go on strike, which would leave more than 7,000 students throughout the district without transportation.

The school board told ABC-7 it was in the best interest for the union and the bus company, Student Transportation Services, to sit back down and resolve the issues.

But this decision means they could go on strike beginning April 13.

That’s because the school board essentially voted to remove the temporary restraining order that was filed more than a week ago. Now, its up to the union and the bus company to come up with an agreement.

School board members in Friday’s meeting urged the two parties to go back to negotiations. “It was not our place to dictate what the union and what the company should do,” said Maria Flores, school board member.

Marcos Torrez with the Bus Driver’s Union said he is looking forward to April 12 when all parties will meet in court and a judge will consider whether to issue a permanent injunction. “We do have to abide the law until we’re free of that injunction, so hopefully something will happen to bring us back to the table before then,” said Torrez.

LCPS Superintendent Stan Rounds said school board members will meet later Friday to determine an action plan. Rounds said if the union does go on strike, he will declare a breach of contract, meaning they would terminate the existing contract and find an alternative company to bus the kids.

ORIGINAL: A local labor union has filed a motion to quash the restraining order preventing a school bus driver strike in Las Cruces, which could affect about 7,300 students who ride the bus to school.

The American Federation of Teacher New Mexico and Las Cruces Transportation Federation represents school bus drivers for the Las Cruces Public School. The bus drivers are seeking more sick days, higher wages and are upset about over-crowded buses.

On Thursday, a judges granted LCPS the restraining order, which averted the strike for 10 days and prevented union member from picketing on school district property.

The restraining order also prohibits the private bus driver contractor — Student Transportation Specialists or STS — from cancelling its contract with the district until June 30.

In its motion to quash the restraining order, the labor unions alleged that the restraining order issued by the a judge violates the National Labor Relations Act.

“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 presidents of the AFT NM and LCTF No. 6341 said in a statement issued Friday.

Stephanie Ly, president of the teachers federation and Marcos Torres, president of the transportation federation said, “The District’s motion, and the court’s jurisdiction to grant it, was based only on New Mexico state law.”

Ly and Torres also argued that they received the judge’s restraining order despite no allegations that AFT NM or LCTF #6341 had engaged in, or threatened, violence.

Las Cruces Public Schools Superintendent Stan Rounds announced late Thursday that Third Judicial District Court Judge James Martina approved the school district’s request for a Temporary Restraining Order preventing bus drivers from striking.

“The school district is not a party to the negotiations that stalled between the bus company and its drivers,” Rounds said. “This ruling was necessary to protect the safety and education of our students, which is our top priority in this matter. We’re very pleased with the ruling.”

Rounds said the judge’s order means that transportation from STS-NM will continue throughout the school district, pending a preliminary injunction hearing set for 10 a.m. April 12 when all parties will meet in court and a judge will consider whether to issue a permanent injunction.

“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,” Ly and Torres said.

LCPS could not be reached for comment Friday evening.