Read the full Collective Bargaining Law in New Mexico
Effective date: July 1, 2003 (without sunset)
Purpose of Act: "to guarantee public employees the right to organize and bargain collectively..."
Rights of Employers: "A public employer may: direct, hire, promote, assigne, transfer, demote, suspend, discharge, temrinate, determine qualifications, nature and content of personnel examinations, take actions to carry out the mission of the public employer in emergencies, and retain all rights not specifically limited by the Public Employee Collective Bargaining Act."
Public Employee Labor Relations Board: "...three members are apointed by the governor, one member recommended by organized labor...one recommended by public employers, and one member jointly recommended by the two other appointees."
Board powers and duties: "...shall promulgate rules...procedures for: the designation of appropriate bargaining units, the selection, certification and decertification of exclusive representatives, the filing of, hearing on and determination of complains of prohibited practices."
"The board shall decide by majority vote and issue written decisions and orders..."
Fair share: "The issue of fair share shall be left a permissive subject of bargaining by the employer and the exclusive representative..."
Local board: "With the approval of the board, a public employer...may..create a local board siilar to the public employee labor relations board..."
*Local boards follow the same processes as the PERLB in regard to member selection, power and duties.
Hearing procedures: (the PERLB or local board) ..."may hold hearings for: information gathering and inquiry, adopting rules, adjudicating disputes, enforcing provisions of the law...shall adopt rules seeting (hearing) procedures...may appoint a hearing examiner to conduct...hearing... a (board) rule shall not be adopted, amended, or repealed without a public hearing and comment on the proposed actin...a verbatim record...by electronic or other suitable means shall be made of every rule-making and adjudicatory hearing..."
Appropriate bargaining units: "...upon receipt of a peitition for a representation election filed by a labor organization, (the PERLB or local board) shall designate the apprpriate bargaining units...(and) shall generally be identified as blue collars, secreterial, clerical, technical, professional, paraprofessional..."
(the PERLB or local board) shall not include supervisors, managers, or confidential employees (in a bargaining unit).
Elections: (petitions)"...containing at least 30% of the public employees in an appropriate bargaining unit must be submitted and the board or local board shall conduct a secret ballot representation election to determine whether and by which labor organization the public employees in the appropriate bargaining until shall be represented..."
"...an election shall only be valid if 40% of the eligible employees...vote in the election."
(alternative to elections) "...a public employer and a labor organization with a reasonable basis for claiming a majority of employees in an appropriate bargaining unit may establish an alternative...this may include a submission of authorization cards from a majority of employees...the board shall not certify an appropriate bargaining unit if the employer objects to certification without an election."
Exclusive representation: "...The exclusive representative shall act for all employees in the appropriate bargaining unit and negotiate a collective bargaining agreement covering all public employees in the appropriate bargaining unit...without discrimination or regard to membership in the labor organization."
Decertification: The local union may be decertified if "...30% in the bargaining unit make a written request to the board/local board for a decertification election." The written request shall be made "no earlier than 90 days and no later than 60 days before the expiration of the collective bargaining agreement; however, a request may be filed at any time after the the expiration of the 3rd year of a collective bargaining agreement..."
Scope of bargaining: "...in good faith on wages, hours, and all other terms and conditions of employment and other issues agreed to by the parties."
"payroll deduction...shall be a mandatory subject of bargaining if either party chooses to negotiate the issue."
"...agreement shall include a grievance procedure and shall provide for a final and binding determination within the meaning of the Unfiorm Arbitration Act..."
(closed meetings) "...meetings for the discussion of bargaining strategy preliminary to negotiations...collective bargaining sessions, consultations, and impasse procedures..."
Public Employers-Prohibited Practices: "...shall not discriminate against an employee...becaue of employee's membership in a labor organization; interfere with or coerce an employee in the exercise of a right (guaranteed by bargaining law); dominate or interfere with the formation, existence, or administration of a labor organization; discriminate in regard to hiring, tenure, or a term or condition of employeent...to encourage or discourage (union membership)...or otherwise discriminate against an employee because he has signed/filed an affidavit, petition, grievance, or complaint...or because an employee is forming, joining, or choosing to be represented (by a union); refuse to bargain in good faith; reguse or fail to comply with the bargaining law or board rule; or, refuse to comply with a collective bargaining agreement."
Prohibited Practices: "A public employee or labor organization or its representative shall not discriminate against a public employee with reard to labor organization memberhsip because of race, color, religion, creed, age, sex or national origin; interfere with, restrain or coerce any employee in the exercise of a right (guaranteed by the bargaining law); refuse to bargain in good faith;...picket homes or private businesses of elected officials or public employees."
Strikes and lockouts prohibited: "A public employee or a labor organization shall not engage in a strike...a public employer shall not cause, instigate, or engage in a public employee lockout."