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(Parenthesis ( ) Indicate Revenue Decreases)

SOURCES OF INFORMATION

New Mexico Department of Agriculture (NMDA)

SUMMARY

Synopsis of Amendment

This amendment strikes the section on various farming related activities and replaces it with more general language on providing crew labor for agricultural enterprise.

Synopsis of Bill

This bill creates the Agricultural Employee Bargaining Act and Board effective July 1, 1999. The purpose of the Act is to allow agricultural employees to organize and bargain collectively with their employers; to promote harmonious and cooperative relationships between employers and employees; and to protect the public interest. Rights of employees include: ability to form, join or assist a collective bargaining organization and the ability to refrain from such. Rights of employers include: direct the work of, hire or promote employees and, for just cause, demote suspend, discharge, assign transfer or terminate employees; determine qualifications for employment; maintain the efficiency of its operations; take actions necessary to carry on the agricultural enterprise of the employer during a period of war or civil insurrection; and manage, and exercise judgment on all matters covered by the Act.

Duties of the Board reflect the following: hire personnel as is reasonably necessary to carry out the functions of the Act; prepare budget requests for its operations; make an annual report to the Governor; represent the public interest in the improvement of employer-employee relations in agricultural enterprises; establish procedures for the designation of appropriate bargaining units; establish procedures for the selection, certification and decertification of exclusive representatives; establish procedures for the filing of, hearing on and the disposition of complaints of prohibited practices; hold hearings and make inquiries; prepare annually, after reviewing nominations submitted by employers and employee organizations, lists of qualified persons, broadly representative of the public, to serve as mediators, fact-finders or arbitrators; and conduct studies on problems pertaining to employee-employer relations, requesting information and data from employee-employer organizations.

The Board shall promulgate rules to carry out the provisions of the Act. Thirty days prior to proposed action, the Board shall publish notice of proposed action and mail a copy of notices to any person or group filing a written request. These persons may be charged a fee as established by the Board and may submit data, views or arguments orally or in writing in support of or against the proposed action.

FISCAL IMPLICATIONS

The appropriation of $200.0 contained in this bill is a recurring expense to the general fund. Any unexpended or unencumbered balance remaining at the end of FY00 shall revert to the general fund.

ADMINISTRATIVE IMPLICATIONS

The NMDA notes no administrative impact to the agency.

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