44th legislature - STATE OF NEW MEXICO - second session, 2000

REQUESTING THE STATE BOARD OF EDUCATION TO CREATE A TASK FORCE TO STUDY AND RECOMMEND RULES TO ENSURE CERTAIN RIGHTS OF PUBLIC SCHOOL EMPLOYEES AND THEIR REPRESENTATIVES.

WHEREAS, the Public Employee Bargaining Act gave public school employees a sense of dignity in decision-making processes at the local school district level; and

WHEREAS, bargaining between public school employees and their employers has resulted in better decisions at the local level involving educational issues; and

WHEREAS, a majority of public school employees have continuing bargaining rights despite the repeal of the Public Employee Bargaining Act; and

WHEREAS, the bargaining rights of some public school employees have been taken away and the rights of other employees are in jeopardy; and

WHEREAS, all public school employees should have the right to organize and bargain collectively with their employers; and

WHEREAS, collective bargaining promotes harmonious and cooperative relationships between public school employers and public school employees; and

WHEREAS, collective bargaining protects the public interest by assuring, at all times, the orderly operation and functioning of the public schools; and

WHEREAS, public school employees and their exclusive representative should have the right to meet with their employers for the purpose of entering into a written agreement regarding wages, hours and other terms and conditions of employment; and

WHEREAS, the public school employee bargaining agent should have the right to represent all public school employees in an appropriate bargaining unit for the purposes of collective bargaining; and

WHEREAS, public school employees should have the right, after good-faith bargaining, to reach agreement on all terms and conditions of employment and any other items that the parties choose to include in the scope of bargaining; and

WHEREAS, public school employees should have the right to form, joint or assist any labor organization for the purpose of collective bargaining through representatives freely chosen by majority vote of those public school employees without interference, restraint or coercion; and

WHEREAS, a labor organization that has been certified as representing the public employees in the appropriate bargaining unit should be the exclusive representative of all public school employees in the appropriate bargaining unit and should act for all public school employees in the appropriate bargaining unit and negotiate a collective bargaining agreement covering all public school employees in the appropriate bargaining unit; and

WHEREAS, public school employees should have the right to a grievance procedure to settle disputes pertaining to employment terms and conditions and related personnel matters that end in a final and binding determination; and

WHEREAS, the exclusive representative should have the right to have agreements reached between them and the public school employer incorporated into a collective bargaining agreement; and

WHEREAS, payroll deductions for the exclusive representative's membership dues should be incorporated into the collective bargaining; and

WHEREAS, public school employees and their exclusive representative should have an impasse resolution procedure that resolves bargaining impasses pursuant to the Uniform Arbitration Act; and

WHEREAS, the state board of education is constitutionally charged with the oversight and regulation of public schools and public school employees; and

WHEREAS, the state board of education supported public employee collective bargaining in the first session of the forty-fourth legislature; and

WHEREAS, the state board of education should ensure the rights of public school employees to collective bargaining through rule;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the legislature request the state department of public education and the state board of education to create a task force composed of public members, members of the legislature, representatives of the state board of education, school employees, representatives of the New Mexico federation of education employees and the national education association and representatives of school management to study and recommend rules for consideration by the state board of education to ensure these rights for public school employees and their exclusive representative; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the president of the state board of education and the superintendent of public instruction for appropriate distribution.