2021 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 |
| 75-PELRB-2021, PELRB NO. 307-20 In re: United Electrical, Radio, and Machine Workers of America v. University of New Mexico |
December 9, 2021 | |
| 74-PELRB-2021, PELRB NO. 303-21 In re: American Federation of State, County and Municipal Employees, New Mexico Council 18, AFL-CIO v. New Mexico Children, Youth, and Families Department |
December 9, 2021 | |
| 73-PELRB-2021, PELRB 307-20 In re: United Electrical, Radio, and Machine Workers of America v. University of New Mexico |
November 9, 2021 | |
| 72-PELRB-2021, PELRB 308-21 In re: AFSCME, Council 18 v. Luna County |
November 9, 2021 | |
| 71-PELRB-2021, PELRB 106-20 In re: American Federation of State, County and Municipal Employees, Council 18, AFL-CIO, Local 3999 v. City of Santa Fe |
October 16, 2021 | |
| 70-PELRB-2021, PELRB No. 306-21 In re: United Health Professional of New Mexico, AFT, AFL-CIO v. University of New Mexico Sandoval Regional Medical |
October 18, 2021 | |
| 69-PELRB-2021, PELRB No. 108-21 In re: American Federation of State, County and Municipal Employees, Council 18, AFL-CIO, Local 3022 v. Albuquerque-Bernalillo County Water Utility Authority |
October 15, 2021 | On July 27, 2021 the PELRB Executive Director issued his Report and Recommended decision concluding that the Water Authority did not refuse to bargain, as required by both Article 19 of the CBA and § 17 of the PEBA, as the Union’s PPC alleged, because it already bargained for such job descriptions to be performed and approved in management’s discretion and was not required to bargain the specific issue further, midterm. Therefore, it did not violate §§ 19(F) 19(H) of the PEBA by its actions in this case. As there is no argument that the Water Authority failed or refused to comply with the parties’ collective bargaining agreement in any other respect, the Executive Director Dismissed the Complaint. The Board affirmed the Recommended Decision on October 18, 2021. See 69-PELRB-2021. Neither party sought further appeal and staff closed the file on December 10, 2021. |
| 68-PELRB-2021, PELRB No. 107-21 In re: American Federation of State, County and Municipal Employees, Council 18, AFL-CIO, Local 3022 v. Albuquerque-Bernalillo County Water Utility Authority |
October 18, 2021 | A past practice will not be binding if there is insufficient evidence to establish it. Local 3022 “did not establish that the Water Authority deviated from past practice” and “the testimony presented at the hearing established that the Water Authority had a past practice of assigning new supervisors to a shift rather than having them immediately participate in a shift bid.” The instant PPC is not based on allegations the Employer violated a past practice but is entirely based on breach of the parties’ CBA and failure to bargain, as stated in the Stipulated Pre-Hearing Order, wherein Complainant alleges violations of § 17(A)(1) (requiring Respondent and AFSCME to “bargain in good faith on wages, hours and all other terms and conditions of employment”); § 19(F) (making it a prohibited practice to “refuse to bargain 13 collectively in good faith with the exclusive representative”); and § 19(H) (making it a prohibited practice to “refuse or fail to comply with a collective bargaining agreement”). To the contrary it is ABCWUA that is asserting a past practice when it argues that the Water Authority had a long history of assigning new supervisors to a shift of its choosing and that the Water Authority had a past practice of not allowing employees to bid on all available shifts, and instead included “qualifiers” limiting the shifts that were available. |
| 67-PELRB-2021, PELRB NO. 302-21 In re: NEA-Turquoise Trail Charter School v. Turquoise Trail Charter School |
October 18, 2021 | |
| 66-PELRB-2021, PELRB No. 307-20 In re: United Electrical, Radio and Machine Workers of America (UE) v. University of New Mexico Board of Regents |
August 17, 2021 | |
| 65-PELRB-2021, PELRB NO. 101-21 In re: American Federation of State, County, and Municipal Exployees, New Mexico Council 18, AFL-CIO v. Board of County Commissioners for Bernalillo County | August 6, 2021 | On March 24, 2021 the Hearing Officer issued his letter decision denying summary judgment as to claims of retaliation but recognizing the parties’ resolution of the union’s allegation in paragraph 13 of the Second Amended PPC that the County violated the terms of a Memorandum of Understanding regarding hazard pay, and summarily dismissing the alleged violation of Section 19(H). A hearing on the merits was held on April 21 and 22, 2021 and on June 8, 2021 The Board’s Hearing Officer concluded that the County committed a prohibited labor practice pursuant to NMSA 1978 Section 10-7E-19(F) (2020) by failing or refusing to bargain elimination of Boundary Spanners job positions without bargaining. The County committed a second violation of Sections 17(A)(1), and Section 19(F) by withholding information relevant to the layoff of Boundary Spanners. The County violated Sections 19(B), 19(D) and 19(E) of the Act by its investigations of two employee union organizers arising out of the HR Complaint by another employee. All other allegations of violations of Sections 19(A), 19(B), 19(D), 19(E) and 19(F) not sustained and were dismissed. The Hearing officer recommended that the Employer be ordered to (1) Cease and desist from all violations of the PEBA; (2) Post and email notice of its violations of PEBA as found herein on a form acceptable to the parties and this Board with assurances that it will comply with the Public Employee Bargaining Act in the future; (3) Bargain in good faith with the Union regarding the terms under which the laid off Boundary Spanners who have not already been, can be placed in the same or similar position with DBHS; and (4) Bargain in good faith with the Union to reach agreement on an appropriate back-pay or damages award for the Boundary Spanners who have not already been or cannot now be placed in the same or similar position with DBHS. The Board affirmed the Hearing Officer’s Decision and adopted his Recommended Decision after amending the remedies to include requiring the County remove any reference to the investigation at issue in the case from the personnel files of the two employees involved. |
| 64-PELRB-2021, PELRB NO. 302-21 In re: NEA-Turquoise Trail Charter School v. Turquoise Trail Charter School | August 6, 2021 | |
| 63-PELRB-2021, PELRB NO. 305-21 In re: Taos Professional Firefighters Association v. Town of Taos | August 6, 2021 | |
| 62-PELRB-2021, PELRB 302-21 In re: NEA-Turquoise Trail Charter School v. Turquoise Trail Charter School | July 7, 2021 | |
| 61-PELRB-2021, PELRB 301-21 In re: Santa Fe County Firefighters Association, IAFF 4366, v. Santa Fe County | June 15, 2021 | |
| 60-PELRB-2021, PELRB 213-20 In re: Los Alamos County Labor Management Relations Board | June 1, 2021 | |
| 59-PELRB-2021, PELRB 220-20 In re: City of Albuquerque Labor Management Relations Board | June 1, 2021 | |
| 58-PELRB-2021, PELRB 210-20 In re: Sandoval County Labor Management Relations Board | June 1, 2021 | |
| 57-PELRB-2021, PELRB 205-20 In re: San Juan College Labor Management Relations Board | June 1, 2021 | |
| 56-PELRB-2021, PELRB 119-20 In re: AFSCME Council 18 Local 3999 v. City of Santa Fe | June 1, 2021 | |
| 55-PELRB-2021, PELRB 122-20 In re: McKinley County Federation of United School Employees Local 2212, AFT-NM v. Gallup-McKinley County Public Schools | June 1, 2021 | |
| 54-PELRB-2021, PELRB 121-20 In re: Bernalillo County Court Deputies Association v. Bernalillo County | June 1, 2021 | The Complainant filed a PPC alleging the Respondent breached a duty to bargain before changing shift hours and transferring bargaining unit work to non-bargaining unit employees. The opposing parties are in separate bargaining units, covered by separate CBAs, and represented by different unions. However, NMSA 1978, § 10-7E-6 allows the transfer of public employees unless limited by the provisions of the CBA. In this case, the CBA’s Management Rights Clause stated that management could transfer unit employees and change shift hours in order to maintain the governmental operations entrusted to it by law. In the absence of any explicit restriction within the CBA, the complaint was dismissed. |
| 53-PELRB-2021, PELRB 102-21 In re: McKinley County Federation of United School Employees Local 2212, AFT-NM v. Gallup-McKinley County Public Schools | June 1, 2021 | |
| 52-PELRB-2021, PELRB No. 218-20 In re: City of Las Cruces Labor Management Relations Board | June 1, 2021 | |
| 51-PELRB-2021, PELRB No. 211-20 In re: City of Roswell Labor Management Relations Board | June 1, 2021 | |
| 50-PELRB-2021, PELRB NO. 209-20 In re: Town of Silver City Labor Management Relations Board | June 1, 2021 | |
| 49-PELRB-2021, PELRB No. 204-20 In re: City of Deming Labor Management Relations Board | June 1, 2021 | |
| 48-PELRB-2021, PELRB No. 219-20 In re: Zuni Public Schools Labor Management Relations Board | June 1, 2021 | |
| 47-PELRB-2021, PELRB No. 216-20 In re: New Mexico State University Labor Management Relations Board | June 1, 2021 | |
| 46-PELRB-2021, PELRB No. 214-20 In re: Albuquerque Public Schools Labor Management Relations Board | June 1, 2021 | |
| 45-PELRB-2021, PELRB No. 212-20 In re: City of Hobbs Labor Management Relations Board | June 1, 2021 | |
| 44-PELRB-2021, PELRB No. 208-20 In re: Alamogordo Public Schools Labor Management Relations Board | June 1, 2021 | |
| 43-PELRB-2021, PELRB No. 207-20 In re: Dona Ana County Labor Management Relations Board | June 1, 2021 | |
| 42-PELRB-2021, PELRB No. 206-20 In re: Central New Mexico Community College Labor Management Relations Board | June 1, 2021 | |
| 41-PELRB-2021, PELRB No. 220-20 In re: City of Albuquerque Labor Management Relations Board | June 1, 2021 | |
| 40-PELRB-2021, PELRB NO. 220-20 In re: City of Albuquerque Labor-Management Relations Board | February 15, 2021 | |
| 39-PELRB-2021, PELRB NO. 219-20 In re: Zuni Public Schools Labor-Management Relations Board | February 15, 2021 | |
| 38-PELRB-2021, PELRB NO. 218-20 In re: City of Las Cruces Labor-Management Relations Board | February 15, 2021 | |
| 37-PELRB-2021, PELRB NO. 217-20 In re: City of Raton Labor-Management Relations Board | February 15, 2021 | |
| 36-PELRB-2021, PELRB No. 215-20 In re: Aztec Municipal School District Labor-Management Relations Board | February 15, 2021 | |
| 35-PELRB-2021, PELRB No. 213-20 In re: Incorporated County of Los Alamos Labor Management Relations Board | February 15, 2021 | |
| 34-PELRB-2021, PELRB NO. 212-20 In re: City of Hobbs Labor-Management Relations Board | February 15, 2021 | |
| 33-PELRB-2021, PELRB NO. 211-20 In re: City of Roswell Labor-Management Relations Board | February 15, 2021 | |
| 32-PELRB-2021, PELRB NO. 209-20 In re: Town of Silver City Labor-Management Relations Board | February 15, 2021 | |
| 31-PELRB-2021, PELRB NO. 208-20 In re: Alamogordo Schools Labor Management Relations Board | February 15, 2021 | |
| 30-PELRB-2021, PELRB No. 207-20 In re: Dona Ana County Labor-Management Relations Board | February 15, 2021 | |
| 29-PELRB-2021, PELRB NO. 206-20 In re: Central New Mexico Community College Labor-Management Relations Board | February 15, 2021 | |
| 28-PELRB-2021, PELRB NO. 203-21 In re: Chavez County Labor-Management Relations Board | February 15, 2021 | |
| 27-PELRB-2021, PELRB NO. 202-21 In re: Luna County Labor-Management Relations Board | February 15, 2021 | |
| 26-PELRB-2021, PELRB NO. 201-21 In re: City of Gallup Labor-Management Relations Board | February 15, 2021 | |
| 25-PELRB-2021, PELRB No. 213-20 In re: County of Los Alamos Labor Management Relations Board | February 15, 2021 | |
| 24-PELRB-2021 Open Meetings Notice Resolution, March 2021 – March 2022 | February 15, 2021 | |
| 23-PELRB-2021, PELRB 122-20 In re: McKinley County Federation of United School Employees Local 2212, AFT-NM v. Gallup-McKinley County Public Schools | January 20, 2021 | |
| 22-PELRB-2021, PELRB No. 220-20 In re: City of Albuquerque Labor Management Relations Board | January 15, 2021 | |
| 21-PELRB-2021, PELRB No. 219-20 In re: Zuni Public Schools Labor Management Relations Board | January 15, 2021 | |
| 20-PELRB-2021, PELRB No. 218-20 In re: City of Las Cruces Labor Management Relations Board | January 15, 2021 | |
| 19-PELRB-2021, PELRB No. 217-20 In re: City of Raton Labor Management Relations Board | January 15, 2021 | |
| 18-PELRB-2021, PELRB No. 216-20 In re: New Mexico State University Labor Management Relations Board | January 15, 2021 | |
| 17-PELRB-2021, PELRB No. 215-20 In re: Aztec Municipal Schools Labor Management Relations Board | January 15, 2021 | |
| 16-PELRB-2021, PELRB No. 214-20 In re: Albuquerque Public Schools Labor Management Relations Board | January 15, 2021 | |
| 15-PELRB-2021, PELRB No. 213-20 In re: Los Alamos County Labor Management Relations Board | January 15, 2021 | |
| 14-PELRB-2021, PELRB No. 212-20 In re: City of Hobbs Labor Management Relations Board | January 15, 2021 | |
| 13-PELRB-2021, PELRB No. 211-20 In re: City of Roswell Labor Management Relations Board | January 15, 2021 | |
| 12-PELRB-2021, PELRB No. 210-20 In re: Sandoval County Labor Management Relations Board | January 15, 2021 | |
| 11-PELRB-2021, PELRB No. 209-20 In re: Town of Silver City Labor Management Relations Board | January 15, 2021 | |
| 10-PELRB-2021, PELRB No. 208-20 In re: Alamogordo Public Schools Labor Management Relations Board | January 15, 2021 | |
| 9-PELRB-2021, PELRB No. 207-20 In re: Dona Ana County Labor Management Relations Board | January 15, 2021 | |
| 8-PELRB-2021, PELRB No. 206-20 In re: Central New Mexico Community College Labor Management Relations Board | January 15, 2021 | |
| 7-PELRB-2021, PELRB No. 205-20 In re: San Juan College Labor Management Relations Board | January 15, 2021 | |
| 6-PELRB-2021, PELRB No. 204-20 In re: City of Deming Labor Management Relations Board | January 15, 2021 | |
| 5-PELRB-2021, PELRB NO. 108-20 In re: Penasco Federation of United School Employees v. Penasco Independent School District | January 15, 2021 | Union employees claimed the School District had committed prohibited practices violating §§ 10-7E-19(A), (B), (D) or (E) (2020), by discriminating against several of the School’s Union employees, some of whom were also Union Officers, after the Union members discussed the removal of the School’s Superintendent at a few public-school board meetings while wearing Union insignia. Shortly following these events the Union member’s contracts were not renewed for various School Board policy violations. Additionally, Union members had email correspondence circulated encouraging teachers to not participate in the District’s voluntary grant survey. The District’s Superintendent cited this action as insubordinate while the Union claimed it to be concerted activities, protected under Section 5 of PEBA. After reviewing the evidence and utilizing the Wright Line analysis, the Hearing Officer found in favor of some, but not all Union members whose contracts were not renewed. Upon appeal, the Court affirmed the Hearing Officer’s decision with exception to the concerted activities (due to the action having occurred prior to the 2020 PEBA amendments which added protection for concerted activities, overlooking the Board’s long history of protecting concerted activities prior to the 2020 amendment). |
| 4-PELRB-2021, PELRB No. 305-20 In re: AFSCME, Local 2851 and City of Las Vegas | January 15, 2021 | |
| 3-PELRB-2021, PELRB NO. 106-20 In re: AFSCME Council 18, Local 3999 v. City of Santa Fe | January 15, 2021 | |
| 2-PELRB-2021, PELRB NO. 106-20 In re: AFSCME Council 18, Local 3999 v. City of Santa Fe | January 15, 2021 | |
| 1-PELRB-2021, PELRB 301-20 In re: New Mexico Park Ranger’s Law Enforcement Association and New Mexico Energy, Minerals, and Natural Resources Department | January 15, 2021 |
Revised on 12/08/2025