Chapter 10, Article 7E NMSA 1978 may be cited as the “Public Employee Bargaining Act”. History: Laws 2003, ch. 4, § 1 and by Laws 2003, ch. 5, § 1; 2005, ch. 333, § 1. ANNOTATIONS The 2005 amendment, effective June 17, 2005, added the statutory reference to the act. Punitive damages. — Punitive damages […]
A. All local boards shall continue to exist except as provided in Subsections B through J of this section. B. No later than December 31, 2020, each local board shall submit to the board copies of a revised local ordinance, resolution or charter amendment authorizing continuation of the local board. A local board that fails […]
History: Laws 2003, ch. 4, § 11; 2003, ch. 5, § 11; repealed by Laws 2020, ch. 48, § 13. ANNOTATIONS Repeals. — Laws 2020, ch. 48, § 13 repealed 10-7E-11 NMSA 1978, as enacted by Laws 2003, ch. 4, § 11 and Laws 2003, ch. 5, § 11, relating to local board, powers and […]
A. The board or local board may hold hearings for the purposes of: (1) information gathering and inquiry; (2) adopting rules; and (3) adjudicating disputes and enforcing the provisions of the Public Employee Bargaining Act and rules adopted pursuant to that act. B. The board or local board shall adopt rules setting forth procedures to […]
A. The board or local board shall, upon receipt of a petition for a representation election filed by a labor organization, designate the appropriate bargaining units for collective bargaining. Appropriate bargaining units shall be established on the basis of occupational groups or clear and identifiable communities of interest in employment terms and conditions and related […]
A. Whenever, in accordance with rules prescribed by the board or local board, a petition is filed by a labor organization containing the signatures of at least thirty percent of the public employees in an appropriate bargaining unit, the board or local board shall conduct a secret ballot representation election to determine whether and by […]
A. A labor organization that has been certified by the board or local board as representing the public employees in the appropriate bargaining unit shall be the exclusive representative of all public employees in the appropriate bargaining unit. The exclusive representative shall act for all public employees in the appropriate bargaining unit and negotiate a […]
A. A member of a labor organization or the labor organization itself may initiate decertification of a labor organization as the exclusive representative if thirty percent of the public employees in the appropriate bargaining unit make a written request to the board or local board for a decertification election. Decertification elections shall be held in […]
A. Except for retirement programs provided pursuant to the Public Employees Retirement Act [Chapter 10, Article 11 NMSA 1978] or the Educational Retirement Act [Chapter 22, Article 11 NMSA 1978], public employers and exclusive representatives: (1) shall bargain in good faith on wages, hours and all other terms and conditions of employment and other issues […]
A. The following negotiations and impasse procedures shall be followed by the state and exclusive representatives for state employees: (1) a request to the state for the commencement of initial negotiations shall be filed in writing by the exclusive representative no later than June 1 of the year in which negotiations are to take place. […]
A public employer or the public employer’s representative shall not: A. discriminate against a public employee with regard to terms and conditions of employment because of the employee’s membership in a labor organization; B. interfere with, restrain or coerce a public employee in the exercise of a right guaranteed pursuant to the Public Employee Bargaining […]
The purpose of the Public Employee Bargaining Act is to guarantee public employees the right to organize and bargain collectively with their employers, to promote harmonious and cooperative relationships between public employers and public employees and to protect the public interest by ensuring, at all times, the orderly operation and functioning of the state and […]
A public employee or labor organization or its representative shall not: A. discriminate against a public employee with regard to labor organization membership because of race, color, religion, creed, age, sex or national origin; B. interfere with, restrain or coerce any public employee in the exercise of a right guaranteed pursuant to the provisions of […]
A. A public employee or labor organization shall not engage in a strike. A labor organization shall not cause, instigate, encourage or support a public employee strike. A public employer shall not cause, instigate or engage in a public employee lockout. B. A public employer may apply to the district court for injunctive relief to […]
Collective bargaining agreements and other agreements between public employers and exclusive representatives shall be valid and enforceable according to their terms when entered into in accordance with the provisions of the Public Employee Bargaining Act. History: Laws 2003, ch. 4, § 22 and by Laws 2003, ch. 5, § 22. ANNOTATIONS Compiler’s notes. — Laws […]
A. The board or local board may request the district court to enforce orders issued pursuant to the Public Employee Bargaining Act, including those for appropriate temporary relief and restraining orders. The court shall consider the request for enforcement on the record made before the board or local board. It shall uphold the action of […]
A. Bargaining units established prior to July 1, 1999 shall continue to be recognized as appropriate bargaining units for the purposes of the Public Employee Bargaining Act. Bargaining units established between July 1, 1999 and the effective date of that act shall continue in effect only if the unit is covered by a collective bargaining […]
A new entity, created by or pursuant to statute, that encompasses the same powers and duties as a previous public employer and uses essentially the same employees as the previous public employer shall be treated as if it were that previous public employer for purposes of the Public Employee Bargaining Act, including the continued applicability […]
Nothing in the Public Employee Bargaining Act shall be construed to annul or modify a collective bargaining agreement entered into between a public employer and an exclusive representative prior to the effective date of the Public Employee Bargaining Act. Nor shall anything in the Public Employee Bargaining Act be construed to annul or modify the […]
History: Laws 2003, ch. 4, § 26; 2003, ch. 5, § 26; repealed by Laws 2020, ch. 48, § 13. ANNOTATIONS Repeals. — Laws 2020, ch. 48, § 13 repealed 10-7E-26 NMSA 1978, as enacted by Laws 2003, ch. 4, § 26 and Laws 2003, ch. 5, § 26, relating to existing ordinances providing for […]
