SENATE BILL 487

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Gregory A. Baca

AN ACT

RELATING TO THE PUBLIC EMPLOYEE BARGAINING ACT; CLARIFYING ENFORCEMENT AUTHORITY OF THE PUBLIC EMPLOYEE LABOR RELATIONS BOARD; ADDRESSING PROHIBITED PRACTICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 10-7E-9 NMSA 1978 (being Laws 2003, Chapter 4, Section 9 and Laws 2003, Chapter 5, Section 9) is amended to read:

     "10-7E-9. BOARD--POWERS AND DUTIES.--

          A. The board shall promulgate rules necessary to accomplish and perform its functions and duties as established in the Public Employee Bargaining Act, including the establishment of procedures for:

                (1) the designation of appropriate bargaining units;

                (2) the selection, certification and decertification of exclusive representatives; and

                (3) the filing of, hearing on and determination of complaints of prohibited practices.

          B. The board shall:

                (1) hold hearings and make inquiries necessary to carry out its functions and duties;

                (2) conduct studies on problems pertaining to employee-employer relations; and

                (3) request from public employers and labor organizations the information and data necessary to carry out the board's functions and responsibilities.

          C. The board may issue subpoenas requiring, upon reasonable notice, the attendance and testimony of witnesses and the production of evidence, including books, records, correspondence or documents relating to the matter in question. The board may prescribe the form of subpoena, but it shall adhere insofar as practicable to the form used in civil actions in the district court. The board may administer oaths and affirmations, examine witnesses and receive evidence.

          D. The board shall decide issues by majority vote and shall issue its decisions in the form of written orders and opinions.

          E. The board may hire personnel or contract with third parties as it deems necessary to assist it in carrying out its functions.

          F. The board has the power to enforce provisions of the Public Employee Bargaining Act through the imposition of appropriate administrative remedies; provided that those remedies do not include reinstatement of position or the award of compensatory damages.

          G. A rule promulgated by the board or a local board shall not require, directly or indirectly, as a condition of continuous employment, a public employee covered by the Public Employee Bargaining Act to pay money to a labor organization that is certified as an exclusive representative. The issue of fair share shall be left a permissive subject of bargaining by the public employer and the exclusive representative of each bargaining unit."

     SECTION 2. Section 10-7E-19 NMSA 1978 (being Laws 2003, Chapter 4, Section 19 and Laws 2003, Chapter 5, Section 19) is amended to read:

     "10-7E-19. PUBLIC EMPLOYERS--PROHIBITED PRACTICES.--A public employer or [his] 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 Act;

          C. dominate or interfere in the formation, existence or administration of a labor organization;

          D. discriminate in regard to hiring, tenure or a term or condition of employment in order to encourage or discourage membership in a labor organization;

          E. discharge or otherwise discriminate against a public employee because [he] the employee has signed or filed an affidavit, petition, grievance or complaint or given information or testimony pursuant to the provisions of the Public Employee Bargaining Act or because a public employee is forming, joining or choosing to be represented by a labor organization;

          F. refuse to bargain collectively in good faith with the exclusive representative; or

          G. refuse or fail to comply with a provision of the Public Employee Bargaining Act or board rule [or

          H. refuse or fail to comply with a collective bargaining agreement]."

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