2005 Orders
The following summaries may have been created with the assistance of AI. These summaries are created by Staff for the benefit of users but are not sources of law and shall not be relied upon or cited to as such.
| Case Name | Decision Date | Summary |
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3-PELRB-2005, Case Nos. 106-04 & 315-04 NUHHCE Dist. 1199 v. UNMH |
July 22, 2005 | The Board affirmed and adopted the Hearing Examiner’s decision that there is no abuse of discretion to decline to defer to arbitration when there is no final and binding arbitration before a neutral; that the Hospital violated PEBA by refusing to grant negotiated pay increases and to provide certain information; that interpreters and dieticians shared a community of interest with and were properly accreted into the existing bargaining unit of nurses and professional employees; that a prohibited practice complaint may be amended to conform to the evidence received in the course of litigation without objection; that where the terms of a collective 2005 – Posted, summaries ready.docx bargaining agreement are plainly stated, the intention of the parties must be ascertained from the language of the contract and, absent a finding of ambiguity, it is unnecessary and improper to consider witness testimony supporting an alternate interpretation of the contract language; and the mere fact that the parties disagree on construction to be given to the contract does not necessarily establish an ambiguity. [Part of the decision has been rendered moot: that University of New Mexico Hospital’s (UNMH’s) labor resolution lost its grandfathered status as a result of a substantive amendment in 2001 that “superseded and replaced in its entirety” the previously enacted policy or policies.] |
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2-PELRB-2005, PELRB Case. No. 136-04 AFSCME v. NMSU |
June 22, 2005 | |
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1-PELRB-2005, Case Nos. 102-04 & 309-04 City of Deming and Deming Firefighters Local 4251 |
March 31, 2005 | The Board adopted the Hearing Examiner’s decision that the PELRB has jurisdiction to review grandfathered local ordinances and/or boards for their compliance with minimum PEBA requirements; and the decision invalidating the local ordinance’s overly broad definition of “supervisor” and its impasse procedures that failed to provide for final and binding arbitration. The Board reversed the Hearing Examiner’s decision to retain jurisdiction because, under Regents of UNM v. NM Federation of Teachers, 1998 – NMSC-020, only the invalid portion of a grandfathered ordinance is voided, not the entire ordinance upon a determination that it violates PEBA. |
Revised on 01/27/2026