reglab/housing_qa huggingface dataset:
NM Stat § 10-7E-13 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-13 - Appropriate bargaining units.

A. The board or local board shall, upon receipt of a petition for a representation election filed by a labor organization, designate the appropriate bargaining units for collective bargaining. Appropriate bargaining units shall be established on the basis of occupational groups or clear and identifiable communities of interest in employment terms and conditions and related personnel matters among the public employees involved. Occupational groups shall generally be identified as blue-collar, secretarial clerical, technical, professional, paraprofessional, police, fire and corrections. The parties, by mutual agreement, may further consolidate occupational groups. Essential factors in determining appropriate bargaining units shall include the principles of efficient administration of government, the history of collective bargaining and the assurance to public employees of the fullest freedom in exercising the rights guaranteed by the Public Employee Bargaining Act.B. Within thirty days of a disagreement arising between a public employer and a labor organization concerning the composition of an appropriate bargaining unit, the board or local board shall hold a hearing concerning the composition of the bargaining unit before designating an appropriate bargaining unit.C. The board or local board shall not include in an appropriate bargaining unit supervisors, managers or confidential employees.D. Jobs included within a bargaining unit pursuant to a local ordinance in effect on January 1, 2020 shall remain in that bargaining unit.History: Laws 2003, ch. 4, § 13; 2003, ch. 5, § 13; 2020, ch. 48, § 6.ANNOTATIONSThe 2020 amendment, effective July 1, 2020, provided that jobs included within a bargaining unit pursuant to a local ordinance in effect on January 1, 2020 shall remain in that bargaining unit; and added Subsection D.Community interest. — Where the labor management board decided that the appropriate bargaining unit of the college would include full time faculty and instructional professionals with 100% instructional duties and excluded instructional professionals with less than 100% instructional duties who worked part-time performing administrative duties; faculty and instructional professionals worked under different contracts that covered different time periods, operated under different employee handbooks, had different ways of presenting grievances, received different benefits, and were subject to different lines of supervision; and instructional professionals with less than 100% instructional duties received more compensation because to their administrative duties, notwithstanding the differences between faculty and instructional professionals, faculty and instructional professionals whose exclusive job was teaching had the community of interest required to establish a proper bargaining unit and the board's decision was supported by substantial evidence. San Juan Coll. v. San Juan Coll. Labor Mgmt. Bd., 2011-NMCA-117, 267 P.3d 101.
NM Stat § 10-7E-16 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-16 - Decertification of exclusive representative.

A. A member of a labor organization or the labor organization itself may initiate decertification of a labor organization as the exclusive representative if thirty percent of the public employees in the appropriate bargaining unit make a written request to the board or local board for a decertification election. Decertification elections shall be held in a manner prescribed by rule of the board. An election shall only be valid if forty percent of the eligible employees in the bargaining unit vote in the election.B. When there is a collective bargaining agreement in effect, a request for a decertification election shall be made to the board or local board no earlier than ninety days and no later than sixty days before the expiration of the collective bargaining agreement; provided, however, a request for an election may be filed at any time after the expiration of the third year of a collective bargaining agreement with a term of more than three years.C. When, within the time period prescribed in Subsection B of this section, a competing labor organization files a petition containing signatures of at least thirty percent of the public employees in the appropriate bargaining unit, a representation election rather than a decertification election shall be conducted.D. When an exclusive representative has been certified but no collective bargaining agreement is in effect, the board or local board shall not accept a request for a decertification election or an election sought by a competing labor organization earlier than twelve months subsequent to a labor organization's certification as the exclusive representative.History: Laws 2003, ch. 4, § 16; 2003, ch. 5, § 16; 2020, ch. 48, § 9. ANNOTATIONSThe 2020 amendment, effective July 1, 2020, prohibited a competing labor organization from seeking an election within twelve months of initial certification; and in Subsection D, after "decertification election", added "or an election sought by a competing labor organization".
NM Stat § 10-7E-20 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-20 - Public employees; labor organizations; prohibited practices.

A public employee or labor organization or its representative shall not: A. discriminate against a public employee with regard to labor organization membership because of race, color, religion, creed, age, sex or national origin; B. interfere with, restrain or coerce any public employee in the exercise of a right guaranteed pursuant to the provisions of the Public Employee Bargaining Act; C. refuse to bargain collectively in good faith with a public employer; D. refuse or fail to comply with a collective bargaining or other agreement with the public employer; E. refuse or fail to comply with a provision of the Public Employee Bargaining Act; or F. picket homes or private businesses of elected officials or public employees. History: Laws 2003, ch. 4, § 20 and by Laws 2003, ch. 5, § 20. ANNOTATIONSCompiler's notes. — Laws 2003, ch. 4, § 20 and Laws 2003, ch. 5, § 20 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-20 NMSA 1978.
NM Stat § 10-7E-21 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-21 - Strikes and lockouts prohibited.

A. A public employee or labor organization shall not engage in a strike. A labor organization shall not cause, instigate, encourage or support a public employee strike. A public employer shall not cause, instigate or engage in a public employee lockout. B. A public employer may apply to the district court for injunctive relief to end a strike, and an exclusive representative of public employees affected by a lockout may apply to the district court for injunctive relief to end a lockout. C. The board or local board, upon a clear and convincing showing of proof at a hearing that a labor organization directly caused or instigated a public employee strike, may impose appropriate penalties on that labor organization, up to and including decertificaton of the labor organization with respect to any of its bargaining units which struck as a result of such causation or instigation. History: Laws 2003, ch. 4, § 21 and by Laws 2003, ch. 5, § 21. ANNOTATIONSCompiler's notes. — Laws 2003, ch. 4, § 21 and Laws 2003, ch. 5, § 21 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-21 NMSA 1978.
NM Stat § 10-7E-22 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-22 - Agreements valid; enforcement.

Collective bargaining agreements and other agreements between public employers and exclusive representatives shall be valid and enforceable according to their terms when entered into in accordance with the provisions of the Public Employee Bargaining Act. History: Laws 2003, ch. 4, § 22 and by Laws 2003, ch. 5, § 22. ANNOTATIONSCompiler's notes. — Laws 2003, ch. 4, § 22 and Laws 2003, ch. 5, § 22 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-22 NMSA 1978.
NM Stat § 10-7E-23 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-23 - Judicial enforcement; standard of review.

A. The board or local board may request the district court to enforce orders issued pursuant to the Public Employee Bargaining Act, including those for appropriate temporary relief and restraining orders. The court shall consider the request for enforcement on the record made before the board or local board. It shall uphold the action of the board or local board and take appropriate action to enforce it unless it concludes that the order is: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence on the record considered as a whole; or (3) otherwise not in accordance with law. B. A person or party, including a labor organization affected by a final rule, order or decision of the board or local board, may appeal to the district court for further relief. All such appeals shall be based upon the record made at the board or local board hearing. All such appeals to the district court shall be taken within thirty days of the date of the final rule, order or decision of the board or local board. Actions taken by the board or local board shall be affirmed unless the court concludes that the action is: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence on the record considered as a whole; or (3) otherwise not in accordance with law. History: Laws 2003, ch. 4, § 23 and by Laws 2003, ch. 5, § 23. ANNOTATIONSCompiler's notes. — Laws 2003, ch. 4, § 23 and Laws 2003, ch. 5, § 23 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-23 NMSA.
NM Stat § 10-7E-24 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-24 - Existing collective bargaining units.

A. Bargaining units established prior to July 1, 1999 shall continue to be recognized as appropriate bargaining units for the purposes of the Public Employee Bargaining Act. Bargaining units established between July 1, 1999 and the effective date of that act shall continue in effect only if the unit is covered by a collective bargaining agreement on the date of this act. B. A labor organization that was recognized by a public employer as the exclusive representative of an appropriate bargaining unit on June 30, 1999 shall be recognized as the exclusive representative of the unit on the effective date of the Public Employee Bargaining Act; provided, however, that the public employer shall not enter into a new collective bargaining agreement pursuant to this subsection unless the labor organization demonstrates majority support to the public employer pursuant to Section 14 [10-7E-14 NMSA 1978] of the Public Employee Bargaining Act. A labor organization which attempts and fails to show majority support shall no longer be recognized as the exclusive bargaining representative of that unit. History: Laws 2003, ch. 4, § 24 and by Laws 2003, ch. 5, § 24. ANNOTATIONSCompiler's notes. — Laws 2003, ch. 4, § 24 and Laws 2003, ch. 5, § 24 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-24 NMSA 1978.
NM Stat § 10-7E-24.1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-24.1 - Certain new entities created by statute.

A new entity, created by or pursuant to statute, that encompasses the same powers and duties as a previous public employer and uses essentially the same employees as the previous public employer shall be treated as if it were that previous public employer for purposes of the Public Employee Bargaining Act, including the continued applicability of existing ordinances or resolutions pursuant to Section 10-7E-26 NMSA 1978 and of existing collective bargaining units pursuant to Section 10-7E-24 NMSA 1978. History: Laws 2005, ch. 333, § 2. ANNOTATIONSEffective dates. — Laws 2005, ch. 333 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 10-7E-25 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-25 - Existing collective bargaining agreements.

Nothing in the Public Employee Bargaining Act shall be construed to annul or modify a collective bargaining agreement entered into between a public employer and an exclusive representative prior to the effective date of the Public Employee Bargaining Act. Nor shall anything in the Public Employee Bargaining Act be construed to annul or modify the status of an existing or recognized exclusive representative. History: Laws 2003, ch. 4, § 25 and by Laws 2003, ch. 5, § 25. ANNOTATIONSCompiler's notes. — Laws 2003, ch. 4, § 25 and Laws 2003, ch. 5, § 25 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-25 NMSA 1978.
NM Stat § 10-7E-26 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-26 - Repealed.

History: Laws 2003, ch. 4, § 26; 2003, ch. 5, § 26; repealed by Laws 2020, ch. 48, § 13. ANNOTATIONSRepeals. — Laws 2020, ch. 48, § 13 repealed 10-7E-26 NMSA 1978, as enacted by Laws 2003, ch. 4, § 26 and Laws 2003, ch. 5, § 26, relating to existing ordinances providing for public employee bargaining, effective July 1, 2020. For provisions of former section, see the 2019 NMSA 1978 on NMOneSource.com.
NM Stat § 10-7F-1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7F - Hazardous Duty Officers' Employer-Employee Relations|Section 10-7F-1 - Short title.

Chapter 10, Article 7F NMSA 1978 may be cited as the "Hazardous Duty Officers' Employer-Employee Relations Act". History: Laws 2010, ch. 62, § 1; 2019, ch. 83, § 1. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, changed "This act" to "Chapter 10, Article 7F NMSA 1978".
NM Stat § 10-7F-2 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7F - Hazardous Duty Officers' Employer-Employee Relations|Section 10-7F-2 - Definitions.

As used in the Hazardous Duty Officers' Employer-Employee Relations Act: A. "compelled statement" means a statement provided by an officer to the officer's employer if the statement is compelled under threat of dismissal from employment or any other employment sanction;B. "emergency medical technician" means an individual who has been licensed by the department of health as an emergency medical technician;C. "firefighter" means an individual who is employed as a non-volunteer firefighter and who has taken the oath prescribed for firefighters;D. "hazardous duty officer" or "officer" means an individual who is employed full time by the state or a political subdivision of the state as a firefighter, emergency medical technician or paramedic, provided that "hazardous duty officer" does not include an individual who has not completed the probationary period established by the individual's employer as a condition of employment; andE. "paramedic" means an individual who has been licensed by the department of health as a paramedic. History: Laws 2010, ch. 62, § 2; 2019, ch. 83, § 2. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, defined "compelled statement" as used in the Hazardous Duty Officers' Employer-Employee Relations Act; and added a new Subsection A and redesignated the succeeding subsections accordingly.
NM Stat § 10-7F-4 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7F - Hazardous Duty Officers' Employer-Employee Relations|Section 10-7F-4 - Polygraph examinations.

After reviewing all the information collected in the course of an investigation of a hazardous duty officer, the chief administrator of the officer's employer may order the officer to submit to a polygraph examination administered by a licensed polygraph examiner, provided that: A. all other reasonable investigative means have been exhausted; and B. the officer has been advised of the administrator's reasons for ordering the polygraph examination. History: Laws 2010, ch. 62, § 4. ANNOTATIONSEffective dates. — Laws 2010, ch. 62, § 10 made the Hazardous Duty Officers' Employer-Employee Relations Act effective July 1, 2010.
NM Stat § 10-7F-5 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7F - Hazardous Duty Officers' Employer-Employee Relations|Section 10-7F-5 - Right to produce evidence.

When a hazardous duty officer is under investigation for an administrative matter, the officer shall be permitted to produce any relevant documents, witnesses or other evidence to support the officer's case and the officer may cross-examine any adverse witnesses during any grievance process or appeal involving disciplinary action. History: Laws 2010, ch. 62, § 5. ANNOTATIONSEffective dates. — Laws 2010, ch. 62, § 10 made the Hazardous Duty Officers' Employer-Employee Relations Act effective July 1, 2010.
NM Stat § 10-7F-6 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7F - Hazardous Duty Officers' Employer-Employee Relations|Section 10-7F-6 - Personnel files.

A. No document containing comments adverse to a hazardous duty officer shall be entered into the officer's personnel file unless the officer has read and signed the document. When an officer refuses to sign a document containing adverse comments, the document may be entered into an officer's personnel file if: (1) the officer's refusal to sign is noted on the document by the chief administrator of the officer's employer; and (2) the notation regarding the officer's refusal to sign the document is witnessed by a third party. B. A hazardous duty officer may file a written response to any document containing adverse comments entered into the officer's personnel file, and the response shall be filed with the officer's employer within thirty days after the document was entered into the officer's personnel file. A hazardous duty officer's written response shall be attached to the document. History: Laws 2010, ch. 62, § 6. ANNOTATIONSEffective dates. — Laws 2010, ch. 62, § 10 made the Hazardous Duty Officers' Employer-Employee Relations Act effective July 1, 2010.
NM Stat § 10-7F-7 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7F - Hazardous Duty Officers' Employer-Employee Relations|Section 10-7F-7 - Constitutional rights; notification.

When a hazardous duty officer is under administrative investigation and a determination is made to commence a criminal investigation, the officer shall be immediately notified of the investigation and shall be afforded all the protections set forth in the bill of rights of the United States constitution and of the constitution of New Mexico. History: Laws 2010, ch. 62, § 7. ANNOTATIONSEffective dates. — Laws 2010, ch. 62, § 10 made the Hazardous Duty Officers' Employer-Employee Relations Act effective July 1, 2010.
NM Stat § 10-7F-8 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7F - Hazardous Duty Officers' Employer-Employee Relations|Section 10-7F-8 - Forced disclosure of financial information.

A hazardous duty officer shall not be required by an employer to disclose information regarding the officer's financial status, unless all other reasonable investigative means have been exhausted or except as otherwise required by law. History: Laws 2010, ch. 62, § 8. ANNOTATIONSEffective dates. — Laws 2010, ch. 62, § 10 made the Hazardous Duty Officers' Employer-Employee Relations Act effective July 1, 2010.
NM Stat § 10-7F-9 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7F - Hazardous Duty Officers' Employer-Employee Relations|Section 10-7F-9 - Political activity.

A hazardous duty officer shall not be prohibited by an employer from engaging in any political activity when the officer is off duty, except as otherwise provided by law. History: Laws 2010, ch. 62, § 9. ANNOTATIONSEffective dates. — Laws 2010, ch. 62, § 10 made the Hazardous Duty Officers' Employer-Employee Relations Act effective July 1, 2010. Preemption analysis of municipal ordinance prohibiting employees from seeking elective office. — Municipalities that adopt home rule charters may exercise all legislative powers and perform all functions not expressly denied by general law or charter. To determine whether a state statute denies a home rule municipality certain authority, it must first be determined whether the statute is a general law, that is, whether the law applies generally throughout the state and is of statewide concern as contrasted to local or municipal law, and then it must be determined whether the provision expressly denies a home rule municipality the authority to prohibit its employees from seeking elective office. Kane v. City of Albuquerque, 2015-NMSC-027. Where the city of Albuquerque's charter and personnel rules prohibit employees of the city from being a candidate for, or from holding elective office of, the state of New Mexico or any of its political subdivisions, petitioner, a city firefighter, claimed that the city charter was not a valid exercise of the city's municipal powers because it was preempted by 10-7F-9 NMSA 1978. The New Mexico supreme court held that 10-7F-9 NMSA 1978 did not preempt the city's charter, because the regulation of government employees' activities under the First Amendment of the United States Constitution touches upon issues of local, not statewide, concern, and therefore this section is not a general law. Moreover, the city's home rule charter falls within this section's "except as otherwise provided by law" exception, such that this section does not preempt municipal employment regulations as applied to hazardous duty officers. Kane v. City of Albuquerque, 2015-NMSC-027.
NM Stat § 10-8-1 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 8 - Per Diem and Mileage|Section 10-8-1 - Short title.

Sections 10-8-1 through 10-8-8 NMSA 1978 may be cited as the "Per Diem and Mileage Act". History: 1953 Comp., § 5-10-1, enacted by Laws 1963, ch. 31, § 1; 1978, ch. 184, § 1; 1979, ch. 273, § 2. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Officers §§ 224, 225.
NM Stat § 10-8-2 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 8 - Per Diem and Mileage|Section 10-8-2 - Purpose of act.

The purpose of the Per Diem and Mileage Act is to establish standard rates for reimbursement for travel for public officers and employees coming under the Per Diem and Mileage Act. The act is designed to be referred to where applicable in statutes setting compensation of public officers and employees. History: 1953 Comp., § 5-10-2, enacted by Laws 1963, ch. 31, § 2; 1971, ch. 116, § 1. ANNOTATIONSWhen allowance may not be drawn. — State highway commissioners, as unsalaried state officers, may not draw the statutory per diem allowance while engaged in official state business at their residence or personal business premises. 1977 Op. Att'y Gen. No. 77-20. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 225; 81A C.J.S. States §§ 61, 106 to 109.