2007 Orders

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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
7-PELRB-2007, PELRB Case No. 164-06 American Federation of State, County, and Municipal Employees, Council 18 v. State of New Mexico	December 13, 2007	Upon appeal, the Board agreed with the Hearing Examiner that the PPC must be dismissed because the grievance and arbitration procedures required to be negotiated under § 17(F) are not required to apply to all disputes about terms and conditions and related personnel matters. Parties to a collective bargaining agreement can agree to limit the scope of the required grievance and arbitration procedures to apply only to disputes concerning the interpretation, application and/or violation of the collective bargaining agreement.
6-PELRB-2007, PELRB Case No. 168-06 American Federation of State, County and Municipal Employees, Council 18 v. Department of Health	December 3, 2007	The Board affirmed and adopted the Hearing Examiner’s findings and recommended decision that failure to give a union representative notice of a mandatory employee meeting concerning the terms and conditions of employment, after the representative requested such notice, constitutes interference with the union’s status as exclusive representative and interference in the collective bargaining relationship, contrary to § 19(C).
5-PELRB-2007, PELRB Case No. 129-07 SSEA, Local #3878 v. Socorro Consolidated School District	December 13, 2007	The Board affirmed and adopted the Hearing Examiner’s determination that the Employer violated PEBA by its failure to provide a Union with the names and home addresses of proposed bargaining unit employees; and that this interferes with, restrains or coerces the public employees in their right to form, join or assist a union for purposes of collective bargaining.
4-PELRB-2007, PELRB Case No. 106-07 AFSCME Council 18 v. New Mexico Department of Corrections	December 13, 2007	The Board adopted and affirmed the Hearing Examiner’s determination that the Department violated § 19(F) (duty to bargain in good faith) by meeting with an employee outside of the presence of the Union, to privately adjust a grievance filed by the Union on that employee’s behalf.
3-PELRB-2007, PELRB Case No. 103-07 McKinley County Federation of United School Employees, AFT Local 3313 v. Gallup-McKinley County School District and Gallup-McKinley County School District Labor Management Relations Board	May 29, 2007	The PELRB has jurisdiction to review and remedy rule-making actions by a local board that amend the local ordinance, raise serious and significant issues affecting public sector collective bargaining statewide, and threaten the consistent and uniform administration of PEBA. 2007 – Posted, summaries ready.docx School Employees, AFT Local 3313 v. Gallup-McKinley County School District and Gallup-McKinley County School District Labor Management Relations Board The Board affirmed the Hearing Examiner’s determination, on interlocutory appeal, that the PELRB has jurisdiction to review and remedy a rule promulgated by a local board that violates § 14(A), § 14(D) and the PELRB’s decision in NEA-Alamogordo and Alamogordo Public Schools, 05-PELRB-2006, by permitting an employer to determine whether an incumbent union could demonstrate majority support by election or card count and, in the event of election, by requiring that at least 50% of the total members of the bargaining unit vote for continuing representation. [After due notice and failure of the local board to rescind the offending rule, the prior PELRB approval of the local board was revoked.]
2-PELRB-2007, PELRB Case No. 325-06 Santa Fe Police Officers Association v. City of Santa Fe	October 14, 2007	The Board reversed the Hearing Examiner’s determination that “supervisors” are covered under PEBA although they must be represented in a separate bargaining unit. The Board, 2-1, determined that the omission of “supervisors” from § 10-7E-5 of PEBA II was a clerical error, given that supervisors are clearly excluded under § 10-7E-13(C). See Crutchfield v. New Mexico Dept. of Taxation and Revenue, 2005-NMCA-022, 137 N.M. 26, and Stinbrink v. Farmers Inc. Co., 1990-NMSC-108, 111 N.M. 179, 182 (that where there is a conflict between general and specific statutory provisions, the specific provision shall control over the general provision).
1-PELRB-2007, PELRB Case No. 149-06 American Federation of State, County and Municipal Employees, Council 18, AFL-CIO v. State of New Mexico, Department of Labor	October 15, 2007	The Board reversed the Hearing Examiner’s issuance of summary judgment, and remanded the matter back to them with instructions to look to the New Mexico Rules of Civil Procedure, specifically Rule 1-056 NMRA, for guidance. If a motion for summary judgment is made and properly supported, the opposing party may not rely upon the mere allegations or denials of his pleadings on in the PPC, but rather must by affidavit and reference to the record, set forth specific facts showing there is a genuine issue of material dispute for trial.

PELRB Orders

Revised on 01/27/2026