2010 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
10-PELRB-2010, PELRB Case No. 136-09 AFSCME, Council 18 v. NM Corrections Department	October 12, 2010	The Board reversed the Hearing Examiner’s determination of a violation, of PEBA, after reversing his finding that the employee was warned not to discuss an investigation with her Union, as she alleged.
9-PELRB-2010, PELRB Case No. 111-10 AFSCME, Council 18 v. State of New Mexico Adult Protective Services Division	October 12, 2010	The Board affirmed and adopted the Hearing Examiner’s decision granting the Union’s cross motion for summary judgement, the Division violated the PEBA by by conducting an investigation of a bargaining unit employee without first informing her of her Collective Bargaining Agreement (CBA), Article 24, Section 2 (1) (a)rights to a union representative. (The Board reversed the Hearing Officer in determining it was a Weingarten-based right.)
8-PELRB-2010, PELRB Case No. 142-09 AFSCME, Council 18 v. NM Regulation and Licensing Department	October 12, 2010	The Board affirmed and adopted the Hearing Examiner’s decision that the Department did not violate the Public Employee Bargaining Act by placing a Global Positioning System (GPS) in the Regulation and Licensing Department’s (Department) trucks without first negotiating the installation of the GPS with the Union.
7-PELRB-2010 AFSCME, Council 18 and San Miguel County	July 9, 2010	Certifying majority support
6-PELRB-2010, No. 139-09 AFSCME, Council 18 v. NM Regulation and Licensing Department	June 25, 2010	The Board reversed the Hearing Examiner’s findings and recommended decision that the employee had waived their right to union representation when the employee retained an attorney, and had continued to waive those rights when the employee was provided with a written statement from his attorney allowing him to continue discussion of the issues with his employer.
5-PELRB-2010 Alamogordo Public Schools Resolution	January 19, 2010	Alamogordo Public Schools Labor Management Relations Resolution
4-PELRB-2010 AFT-NM v. C.Y.F.D.	November 15, 2010	Certification of majority support among the Juvenile Justice Service certified educational employees of the State of New Mexico in the state-wide unit.
3-PELRB-2010, PELRB CASE NO. 144-09 AFSCME, Council 18 v. State of New Mexico	March 2, 2010	The Board denied the State’s motion to disqualify the Hearing Examiner from hearing a PPC regarding the furlough of employees, rejecting the argument that the Hearing Examiner, as a State employee, has a financial interest in the matter, and also noting he is not a bargaining unit employee to be affected by the ruling.
2-PELRB-2010, PELRB CASE NO. 111-09 AFSCME, Council 18 v. NM Corrections Department	February 22, 2010	The Board upheld and adopted the Hearing Examiner’s determination, upon earlier remand from the Board, that Respondent violated PEBA by reprimanding a bargaining unit member employee for sending an e-mail to 69 bargaining unit members employees with a link to the AFSCME newsletter, where the email itself did not itself contain political content, and simply disseminated the AFSCME newsletter. This was proper union activity and is allowed under the collective bargaining agreement, which agreement trumps any otherwise contrary Department policies.
1-PELRB-2010, Docket no. 139-09 AFSCME, Council 18 v. NM Regulation and Licensing Department	June 25, 2010	The Board overruled the Hearing Examiner’s recommended decision that the Department violated an employee’s rights to union representation, based on the Board’s findings that the employee waived such rights when he retained an attorney; and had continued to waive such rights when he was provided with a written statement from his legal counsel allowing him to continue discussion of issues with his employer.

PELRB Orders

Revised on 01/27/2026