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

2-PELRB-2021, PELRB NO. 106-20

In re: AFSCME Council 18, Local 3999 v. City of Santa Fe

3-PELRB-2021, PELRB NO. 106-20

In re: AFSCME Council 18, Local 3999 v. City of Santa Fe

4-PELRB-2021, PELRB No. 305-20

In re: AFSCME, Local 2851 and City of Las Vegas

5-PELRB-2021, PELRB NO. 108-20

In re: Penasco Federation of United School Employees v. Penasco Independent School District

• 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).

6-PELRB-2021, PELRB No. 204-20

In re: City of Deming Labor Management Relations Board

7-PELRB-2021, PELRB No. 205-20

In re: San Juan College Labor Management Relations Board

8-PELRB-2021, PELRB No. 206-20

In re: Central New Mexico Community College Labor Management Relations Board

9-PELRB-2021, PELRB No. 207-20

In re: Dona Ana County Labor Management Relations Board

10-PELRB-2021, PELRB No. 208-20

In re: Alamogordo Public Schools Labor Management Relations Board

11-PELRB-2021, PELRB No. 209-20

In re: Town of Silver City Labor Management Relations Board

12-PELRB-2021, PELRB No. 210-20

In re: Sandoval County Labor Management Relations Board

13-PELRB-2021, PELRB No. 211-20

In re: City of Roswell Labor Management Relations Board

14-PELRB-2021, PELRB No. 212-20

In re: City of Hobbs Labor Management Relations Board

15-PELRB-2021, PELRB No. 213-20

In re: Los Alamos County Labor Management Relations Board

16-PELRB-2021, PELRB No. 214-20

In re: Albuquerque Public Schools Labor Management Relations Board

17-PELRB-2021, PELRB No. 215-20

In re: Aztec Municipal Schools Labor Management Relations Board

18-PELRB-2021, PELRB No. 216-20

In re: New Mexico State University Labor Management Relations Board

19-PELRB-2021, PELRB No. 217-20

In re: City of Raton Labor Management Relations Board

20-PELRB-2021, PELRB No. 218-20

In re: City of Las Cruces Labor Management Relations Board

21-PELRB-2021, PELRB No. 219-20

In re: Zuni Public Schools Labor Management Relations Board

22-PELRB-2021, PELRB No. 220-20

In re: City of Albuquerque Labor Management Relations Board

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

24-PELRB-2021

Open Meetings Notice Resolution, March 2021 – March 2022

25-PELRB-2021, PELRB No. 213-20

In re: County of Los Alamos Labor Management Relations Board

26-PELRB-2021, PELRB NO. 201-21

In re: City of Gallup Labor-Management Relations Board

27-PELRB-2021, PELRB NO. 202-21

In re: Luna County Labor-Management Relations Board

28-PELRB-2021, PELRB NO. 203-21

In re: Chavez County Labor-Management Relations Board

29-PELRB-2021, PELRB NO. 206-20

In re: Central New Mexico Community College Labor-Management Relations Board

30-PELRB-2021, PELRB No. 207-20

In re: Dona Ana County Labor-Management Relations Board

31-PELRB-2021, PELRB NO. 208-20

In re: Alamogordo Schools Labor Management Relations Board

32-PELRB-2021, PELRB NO. 209-20

In re: Town of Silver City Labor-Management Relations Board

33-PELRB-2021, PELRB NO. 211-20

In re: City of Roswell Labor-Management Relations Board

34-PELRB-2021, PELRB NO. 212-20

In re: City of Hobbs Labor-Management Relations Board

35-PELRB-2021, PELRB No. 213-20

In re: Incorporated County of Los Alamos Labor Management Relations Board

36-PELRB-2021, PELRB No. 215-20

In re: Aztec Municipal School District Labor-Management Relations Board

37-PELRB-2021, PELRB NO. 217-20

In re: City of Raton Labor-Management Relations Board

38-PELRB-2021, PELRB NO. 218-20

In re: City of Las Cruces Labor-Management Relations Board

39-PELRB-2021, PELRB NO. 219-20

In re: Zuni Public Schools Labor-Management Relations Board

40-PELRB-2021, PELRB NO. 220-20

In re: City of Albuquerque Labor-Management Relations Board

41-PELRB-2021, PELRB No. 220-20

In re: City of Albuquerque Labor Management Relations Board

42-PELRB-2021, PELRB No. 206-20

In re: Central New Mexico Community College Labor Management Relations Board

43-PELRB-2021, PELRB No. 207-20

In re: Dona Ana County Labor Management Relations Board

44-PELRB-2021, PELRB No. 208-20

In re: Alamogordo Public Schools Labor Management Relations Board

45-PELRB-2021, PELRB No. 212-20

In re: City of Hobbs Labor Management Relations Board

46-PELRB-2021, PELRB No. 214-20

In re: Albuquerque Public Schools Labor Management Relations Board

47-PELRB-2021, PELRB No. 216-20

In re: New Mexico State University Labor Management Relations Board

48-PELRB-2021, PELRB No. 219-20

In re: Zuni Public Schools Labor Management Relations Board

49-PELRB-2021, PELRB No. 204-20

In re: City of Deming Labor Management Relations Board

50-PELRB-2021, PELRB NO. 209-20

In re: Town of Silver City Labor Management Relations Board

51-PELRB-2021, PELRB No. 211-20

In re: City of Roswell Labor Management Relations Board

52-PELRB-2021, PELRB No. 218-20

In re: City of Las Cruces Labor Management Relations Board

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

54-PELRB-2021, PELRB 121-20

In re: Bernalillo County Court Deputies Association v. Bernalillo County

• 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.

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

56-PELRB-2021, PELRB 119-20

In re: AFSCME Council 18 Local 3999 v. City of Santa Fe

57-PELRB-2021, PELRB 205-20

In re: San Juan College Labor Management Relations Board

58-PELRB-2021, PELRB 210-20

In re: Sandoval County Labor Management Relations Board

59-PELRB-2021, PELRB 220-20

In re: City of Albuquerque Labor Management Relations Board

60-PELRB-2021, PELRB 213-20

In re: Los Alamos County Labor Management Relations Board

61-PELRB-2021, PELRB 301-21

In re: Santa Fe County Firefighters Association, IAFF 4366, v. Santa Fe County

62-PELRB-2021, PELRB 302-21

In re: NEA-Turquoise Trail Charter School v. Turquoise Trail Charter School

63-PELRB-2021, PELRB NO. 305-21

In re: Taos Professional Firefighters Association v. Town of Taos

64-PELRB-2021, PELRB NO. 302-21

In re: NEA-Turquoise Trail Charter School v. Turquoise Trail Charter School

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

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.

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

67-PELRB-2021, PELRB NO. 302-21

In re: NEA-Turquoise Trail Charter School v. Turquoise Trail Charter School

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

• 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. 

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

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.   

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

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

72-PELRB-2021, PELRB 308-21

In re: AFSCME, Council 18 v. Luna County

73-PELRB-2021, PELRB 307-20

In re: United Electrical, Radio, and Machine Workers of America v. University of New Mexico

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

75-PELRB-2021, PELRB NO. 307-20

In re: United Electrical, Radio, and Machine Workers of America v. University of New Mexico