reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.20 - BRIEFS

Current through Register Vol. 35, No. 13, July 16, 2024
If any party requests permission to file a post-hearing
				  brief, the hearing examiner shall permit all parties to file briefs and shall
				  set a time, for the filing of briefs which normally shall be no longer than ten
				  (10) days following the close of the hearing. Briefs shall be filed with the
				  director and copies shall be served on all parties.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.21 - HEARING EXAMINER REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing examiner shall issue his or her report following
				  the close of the hearing. Except in extraordinary circumstances, which shall be
				  set forth in the report, the report shall be issued no longer than fifteen (15)
				  days following the close of the hearing or the submission of post-hearing
				  briefs, whichever is later. The report shall make findings of fact, conclusions
				  of law, and recommendations for the determination of issues, and shall
				  adequately explain the hearing examiner's reasoning. The hearing examiner shall
				  serve the report on all parties and the board.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.22 - BOARD REVIEW OF HEARING EXAMINER REPORTS AND DIRECTOR DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within ten (10)
				days after service of the hearing examiner's report, or, in a case where no
				hearing has been held, within 10 days after the issuance of a director's
				decision, any party may file a request for board review of the hearing
				examiner's or the director's recommended disposition. The request for review
				shall state the specific portion of the hearing examiner's or director's
				recommended disposition to which exception is taken and the factual and legal
				basis for such exception. The request may not rely on any evidence not
				presented to the hearing examiner or director. The request must be served on
				all other parties.
B. Within ten
				(10) days after service of a request for review, any other party may file and
				serve on all parties a response to the request for review.
C. Whether or not a party has filed a request
				for review, the board, within sixty (60) days, shall review any recommended
				disposition regarding the scope of a bargaining unit made by the director or a
				hearing examiner. In addition, the board shall review any other issue properly
				raised by a party in a request for review. The board shall conduct its review
				on the basis of the existing record and may, in its discretion, hear oral
				argument.
D. Within sixty (60) days
				following review, the board shall issue its decision ordering an election,
				dismissing the petition, setting a further hearing, or otherwise disposing of
				the case. The board may adopt or incorporate in and attach to its decision all
				or any portion of the hearing examiner's report or director's
				decision.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.23 - OPPORTUNITY TO PRESENT FURTHER SHOWING OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
A. When the director finds that the
				petitioner or an intervenor has submitted an insufficient showing of interest
				in the unit petitioned for, the director shall notify the petitioner or
				intervenor, and that party shall have the opportunity to submit an additional
				showing of interest. The director shall then review the additional showing of
				interest to determine whether the total showing of interest submitted by the
				party is sufficient to sustain its petition or intervention.
B. In the event that the director, hearing
				examiner or board determines that a unit other than the unit petitioned for is
				appropriate and it appears to the board or director that the showing of
				interest filed by the petitioner or an intervenor is insufficient in the unit
				found appropriate the director shall notify the petitioner or intervenor and
				give such party a reasonable amount of time in which to file an additional
				showing. If the party fails to file a sufficient showing within that time, the
				director shall dismiss the petition or deny intervenor status.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.24 - ELIGIBILITY TO VOTE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employees in
				the bargaining unit shall be eligible to vote in the election if they were
				employed during the last payroll period preceding date of the consent election
				agreement or the direction of election issued by the director or the board, and
				are still employed in the unit on the date of the election.
B. Employees in the bargaining unit who are
				eligible to vote but who will be absent on the day of voting because of
				hospitalization, temporary assignment away from normal post of duty, leave of
				absence, vacation at a location more than fifty (50) miles distant from the
				polling place, or other legitimate cause, may request an absentee ballot from
				the director. Except for good cause shown, such a request must be received by
				the director at least ten (10) days before the election, in which case the
				director, after preliminarily determining the employee's eligibility to vote,
				shall provide the employee with a ballot to be submitted to the director by
				mail. To be counted, an absentee ballot must be received by the director at
				least one day before the ballot count. The director shall establish procedures
				to permit an absentee ballot to be challenged, as provided in Section 30,
				below.
C. The employer or
				employer's whose employees comprise the bargaining unit shall submit to the
				director and to all other parties a list of all employees eligible to vote in
				the election no later than ten (10) days before the commencement of the
				election balloting. Employees whose names do not appear on the list but who
				believe they are eligible to vote may cast ballots through the challenged
				ballot procedure set forth in Section 30, below.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.25 - PRE-ELECTION CONFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
At a reasonable time at least 15 days before the election,
				  the director shall conduct a pre-election conference with all parties to
				  resolve such details as the polling location(s), the use of manual, electronic,
				  or mail ballots the hours of voting, the number of observers permitted, and the
				  time and place for counting the ballots. The director shall notify all parties
				  by mail (and email if available) of the time and place of the pre-election
				  conference, at least five days in advance of the conference. The conference may
				  proceed in the absence of any party.
A. The director will attempt to achieve
				agreement of all parties on the election details, but in the absence of
				agreement, shall determine the details. In deciding the polling location(s) and
				the use of manual mail or electronic participation in the election by employees
				in the bargaining unit there shall be a strong preference for on-site
				balloting.
B. The parties may
				stipulate to a consent election agreement without the necessity of a
				pre-election conference subject to approval of its terms by the director, in
				which case the requirement for a pre-election conference shall be
				waived.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.26 - NOTICE OF ELECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				director shall issue and serve on the parties a notice of election setting
				forth all of the details of the election, as described in Section 25 above, no
				later than ten (10) days before the election. The notice of election shall also
				describe the bargaining unit whose members are eligible to vote and shall
				describe the challenged ballot procedure. The notice shall include a sample
				ballot.
B. The director shall
				provide a sufficient number of copies of the notice of election to each
				employer whose employees are eligible to vote so that the employer may post a
				notice of election in all lounges or common areas frequented by unit employees
				and in all places where notices to employees are commonly posted. The employer
				shall post the notices in all such areas at least ten (10) days before the
				election and shall take reasonable measure to assure that they are not removed,
				covered, altered or defaced.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.27 - BALLOTS AND VOTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. All voting
				shall be by secret ballot prepared by the director, position on the ballot
				shall be determined randomly. Ballots in an initial election shall include a
				choice of "no representation."
B.
				All elections shall be conducted by the director, whether electronically, by
				mail in ballots or on-site elections, subject to the provisions of
				11.21.1.28
				NMAC regarding the director's authority to delegate duties.
C. Any voter who arrives at a polling area
				before the polls close will be permitted to vote.
D. Public employers whose employees are
				eligible to vote in an election shall allow their employees in the voting unit
				sufficient time away from their duties to cast their ballots and shall allow
				their employees who have been selected as election observers sufficient time
				away from their duties to serve as observers. This rule does not impose on
				public employers an obligation to change the work schedules of employees to
				accommodate voting hours.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.28 - ELECTIONEERING

Current through Register Vol. 35, No. 13, July 16, 2024
No electioneering shall be permitted within 50 feet of any
				  room in which balloting is taking place.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.29 - OBSERVERS

Current through Register Vol. 35, No. 13, July 16, 2024
Each party shall be entitled to an equal number of observers
				  to observe and assist in each polling area, and to witness the counting of
				  ballots. The director has complete discretion to determine the number of
				  observers. Observers shall not be supervisory or managerial employees or labor
				  organization employees. However, representatives of the parties in addition to
				  the observers may observe the counting of ballots.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.30 - CHALLENGED BALLOTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any party to
				an election, through its observer, or the election supervisor, may challenge
				the eligibility to vote of any person who presents himself or herself at the
				polls, and shall state the reason for the challenge. The director shall
				challenge any voter whose name does not appear on the list of employees
				eligible to vote.
B. The director
				shall furnish "challenge envelopes." On the outside of each challenge envelope,
				the director shall write the name and job classification of the challenged
				voter, the name of the party making the challenge, and the reason for the
				challenge.
C. Following the voting
				and before the votes are counted, the director shall attempt to resolve the
				eligibility of challenged voters by agreement of the parties. The ballots of
				challenged voters who are agreed eligible shall be mixed with the other ballots
				and counted.
D. Challenged ballot
				envelopes containing unresolved challenged ballots shall not be opened and the
				challenges shall not be investigated unless, after the other ballots are
				counted, the challenged ballots could be determinative of the outcome of the
				election.
E. If the challenged
				ballots could be determinative of the outcome of the election, the director
				shall declare the vote inconclusive; shall, as soon as possible, investigate
				the challenged ballots to determine voter eligibility; and shall issue a report
				thereon or a notice of hearing within 15 days of the election. Any party may
				request board review of the director's report, following the procedures set
				forth in Section 22 above.
F.
				Following resolution of determinative challenged ballots, the director shall
				count the ballot of voters found to be eligible, adding the results of the
				earlier count and issuing a revised tally of ballots.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.31 - TALLY OF BALLOTS

Current through Register Vol. 35, No. 13, July 16, 2024
Immediately following the counting of ballots, the election
				  supervisor shall serve a tally of ballots upon one representative of each
				  party. The tally shall show the number of votes cast for each labor
				  organization listed on the ballot, the number of votes cast for no
				  representation, the number challenged ballots, and the percentage of employees
				  in the unit who cast ballots. The tally shall also state whether the results
				  are conclusive, and, if so, what the conclusive vote is. If the tally shows
				  that fewer than forty percent of the employees in the unit voted, or that the
				  choice of "no representation" received fifty percent or more of the valid votes
				  cast, then the tally shall reflect that no collective bargaining representation
				  was selected.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.32 - RUN-OFF ELECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In an election where there are three or more choices on the
				  ballot, if no ballot choice receives a majority of the valid votes cast, and at
				  least forty percent (40%) of eligible voters voted, the director shall set a
				  run-off election in which voters will be permitted to cast ballots for the two
				  choices that received the highest number of votes. A new tally shall be issued
				  and served following the counting of the votes of a run-off election. A run-off
				  election must be conducted within the fifteen (15) day statutory period
				  following completion of the initial election.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.33 - CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. If, after all
				issues concerning representation have been resolved, and the expiration of the
				intervention period described in Section 16, above, only one labor organization
				is seeking to represent the appropriate bargaining unit, the director shall
				compare the showing of interest with the employee list provided by the employer
				pursuant to Subsection B of Section 12 above, and determine whether the
				petitioning labor organization has demonstrated majority support. In cases
				where the showing of interest demonstrates majority support the director shall
				issue a certificate showing the name of the labor organization selected as the
				exclusive representative and setting forth the bargaining unit it represents as
				well as the numerical basis for the determination. In cases where more than one
				labor organization seeks to represent the unit, or has intervened pursuant to
				Section 16, above, or where the showing of interest does not demonstrate
				majority support, the director shall proceed with an election as described in
				these rules.
B. In cases where an
				election is conducted, if no objections are filed pursuant to Section 34,
				below, then the director shall issue as may be appropriate either a certificate
				showing the name of the labor organization selected as the exclusive
				representative and setting forth the bargaining unit it represents, or a
				certification of results, showing that no labor organization was selected as
				bargaining representative. The results of each election shall be reviewed by
				the board and appropriate action taken at the next regularly scheduled meeting
				of the board after the objection period following the election.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.34 - OBJECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Within five days following the service of a tally of ballots
				  or the issuance of a certification pursuant to Subsection A of Section 33
				  above, a party may file objections to conduct affecting the determination of
				  majority support without an election of the result of the election. Objections
				  shall set forth all grounds for the objection with supporting facts and shall
				  be served on all parties to the proceeding. The director shall, within 30 days
				  of the filing of such objections, investigate the objections and issue a report
				  thereon. Alternatively, the director may schedule a hearing on the objections
				  within 30 days of the filing of the objections. A determination to hold a
				  hearing is not reviewable by the board and shall follow the same procedures set
				  forth in Subsections B, C and D of Section 19, Section 20 and Section 21 above.
				  A party adversely affected by the director's or hearing examiner's report may
				  file a request for review with the board under the same procedures set forth in
				  Section 22, above. If the director, hearing examiner or board finds that the
				  objections have merit and that conduct improperly interfered with the results
				  of the election, then the results of the election may be set aside and a new
				  election ordered. In that event, the director in his or her discretion may
				  retain the same period for determining eligibility to vote as in the election
				  that was set aside, or may establish a new eligibility period for the new
				  election.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.35 - AMENDMENT OF CERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A petition for amendment of certification may be filed at any
				  time by an exclusive representative or an employer to reflect such a change as
				  a change in the name of the exclusive representative or of the employer, or a
				  change in the affiliation of the labor organization. The director shall dismiss
				  such a petition within thirty (30) days of its filing if the director
				  determines that it raises a question concerning representation and the
				  petitioner may proceed otherwise under these rules. If the director finds
				  sufficient facts to show that the amendment should be made, after giving all
				  parties notice and an opportunity to submit their views, the director shall
				  issue an amendment of certification within thirty (30) days of the filing of
				  the petition. The director's decision dismissing the petition or issuance of
				  amended certification may be appealed to the board pursuant to the procedures
				  set out in Section 22, above.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.36 - CERTIFICATION OF INCUMBENT BARGAINING REPRESENTATIVE STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
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. Such
				  recognition shall not be affected by a local labor board ceasing to exist
				  pursuant to Section
				  10-7E-10
				  NMSA 1978 (2020). Such labor organization may petition for declaration of
				  bargaining status under Subsection B of Section
				  10-7E-24
				  NMSA 1978 (2003)
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.37 - UNIT CLARIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Except as provided in Section 24(A) of the Act, where the circumstances
				surrounding the creation of an existing collective bargaining unit are alleged
				to have changed sufficiently to warrant a change in the scope and description
				of that unit, or a merger or realignment of previously existing bargaining
				units represented by the same labor organization, either the exclusive
				representative or the employer may file with the director a petition for unit
				clarification. Such a petition seeking realignment of existing units into
				horizontal units may be filed and processed only when it relates to state
				employees.
B. Upon the filing of a
				petition for unit clarification, the director shall investigate the relevant
				facts, and shall either set the matter for hearing or shall issue a report
				recommending resolution of the issues within thirty (30) days of the filing of
				the petition. In the director's investigation or through the hearing, the
				director or hearing examiner shall determine whether a question concerning
				representation exists and, if so, shall dismiss the petition. In such a case,
				the petitioner may proceed otherwise under these rules.
C. If the director or hearing examiner
				determines that no question concerning representation exists and that the
				petitioned-for clarification is justified by the evidence presented, the
				director or hearing examiner shall issue a report clarifying the unit within 30
				days of the filing of the petition if no hearing is determined necessary, or
				within 30 days of the hearing if a hearing is determined necessary. If the
				director determines that a question concerning representation exists, the
				petition shall be dismissed..
D. A
				director or hearing examiner determination on a unit clarification petition
				shall be appealable to the board under the same procedures set forth in Section
				22, above.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.38 - ACCRETION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The exclusive
				representative of an existing collective bargaining unit, may petition the
				board to include in the unit employees who do not belong, at the time the
				petition is filed, to any existing bargaining unit, who share a community of
				interest with the employees in the existing unit, and whose inclusion in the
				existing unit would not render that unit inappropriate.
B. If the number of employees in the group
				sought to be accreted is less than ten percent (10%) of the number of employees
				in the existing unit, the board shall presume that their inclusion does not
				raise a question concerning representation requiring an election, and the
				petitioner may proceed by filing a unit clarification petition under these
				rules. Such a unit clarification petition to be processed, must be accompanied
				by a showing of interest demonstrating that no less than thirty percent (30%)
				of the employees in the group sought to be accreted wish to be represented by
				the exclusive representative as part of the existing unit. No group of
				employees may be accreted to an existing unit without an election if the board
				determines that such group would constitute a separate appropriate bargaining
				unit.
C. If the number of employees
				in the group sought to be accreted is greater than ten percent (10%) of the
				number of employees in the existing unit, the board shall presume that their
				inclusion raises a question concerning representation, and the petitioner may
				proceed only by filing a petition for an election under these rules. Such a
				petition, in an accretion situation, must be accompanied by a showing of
				interest demonstrating that no less than thirty percent (30%) of the employees
				in the group sought to be accreted wish to be represented by the exclusive
				representative as part of the existing unit.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.39 - VOLUNTARY RECOGNITION

Current through Register Vol. 35, No. 13, July 16, 2024
A. A labor
				organization representing the majority of employees in an appropriate
				collective bargaining unit and a public employer, after a petition for
				certification has been filed, may enter into a voluntary recognition agreement
				in which the employer recognizes the labor organization as the exclusive
				representative of all of the employees in the unit. Such petition shall be
				accompanied by a showing of majority support, which shall be verified in
				accordance with the procedures of Section 11, above.
B. Prior to board approval of any voluntary
				recognition, the director shall post notice of filing of petition in the manner
				provided for in Section 15, above. The director shall also give notice to any
				individuals or labor organizations that register with the director to be
				informed of such petitions.
C. If
				an intervenor does not file a petition for intervention within 10 days then the
				board shall consider the petition for approval of the voluntary recognition if
				accompanied by consent of the employer.
D. The board shall treat a voluntary
				recognition relationship so established and approved the same as a relationship
				established through board election and certification, unless the board finds
				the agreed-to bargaining unit to be inappropriate. In that event, the board may
				require the filing and processing of a petition as provided for in these rules,
				and the conduct of an election, before recognizing the relationship.
E. If an intervenor files a proper petition
				pursuant to Section 16 above, within the 10 day time period, then the board may
				not approve a voluntary recognition, and the director shall proceed in the
				manner set forth for representation petitions as provided in Section 10 to 14
				and 17 to 34 above.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.40 - PETITION WITHDRAWAL

Current through Register Vol. 35, No. 13, July 16, 2024
The petitioner in a representation proceeding may request
				  permission of the director to withdraw the petition at any time prior to an
				  initial election. The director has discretion to grant or deny a withdrawal
				  request only after soliciting the positions of all parties.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.41 - SEVERANCE PETITION

Current through Register Vol. 35, No. 13, July 16, 2024
A severance petition is a representation petition filed by a
				  labor organization that seeks to sever or slice a group of employees who
				  comprise one of the occupational groups listed in
				  10-7E-13
				  NMSA from an existing unit for the purpose of forming a separate, appropriate
				  unit. It must be accompanied by a thirty (30%) percent showing of interest
				  among the employees in the petitioned-for unit. It may be filed no earlier than
				  ninety (90) days and no later than sixty (60) days before the expiration date
				  of a collective bargaining agreement or 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 (3) years.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.42 - DISCLAIMER OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
Any labor organization holding exclusive recognition for a
				  unit of employees may disclaim its representational interest in those employees
				  at any time by submitting a letter to the PELRB and the employer disclaiming
				  any representational interest in a unit for which it is the exclusive
				  representative. Upon receipt of a letter disclaiming an interest under this
				  rule, the board shall cause to be posted in a place or places frequented by
				  employees in the affected bargaining unit, a notice that the union has chosen
				  to relinquish representation of the employees and direct staff to dismiss any
				  petitions to decertify the exclusive representative of the disclaimed
				  unit.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Public Employee Labor Relations Board, 2929 Coors NW, Suite
				  #303, Albuquerque, NM, 87120, (505) 831-5422.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The scope of Part 3 of Chapter 21 applies to public
				  employers, public employees and labor organization as defined by the Public
				  Employee Bargaining Act (10-7E1 to
				  10-7E-26
				  NMSA 1978).
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for Part 1 of Chapter 21 is the Public Employee
				  Labor Relations Act NMSA Sections 1 through 26 (10-7E-1 to
				  10-7E-26
				  NMSA 1978).
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
March 15, 2004, unless otherwise cited at the end of the
				  section.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 3 of Chapter 21 is to set forth an
				  efficient and effective investigative process for collection and evaluating
				  information to determine whether public employers, public employees or labor
				  organizations have engaged in activities or conduct that constitutes a
				  violation of the Public Employee Bargaining Act (10-7E-1 to
				  10-7E-26
				  NMSA 1978).
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.8 - COMMENCEMENT OF CASE

Current through Register Vol. 35, No. 13, July 16, 2024
A. A prohibited
				practices case shall be initiated by filing with the director a complaint on a
				form furnished by the director. The form shall set forth, at a minimum, name,
				address and phone number of the public employer, labor organization, or
				employee against whom the complaint is filed (the respondent) and of its
				representative if known, the specific section of the Act claimed to have been
				violated; the name, address, and phone number of the complainant; a concise
				description of the facts constituting the asserted violation; and a declaration
				that the information provided is true and correct to the knowledge of the
				complaining party. The complaint shall be signed and dated, filed with the
				director, and served upon the respondent.
B. When an individual employee files a
				prohibited practices complaint alleging a violation of Subsection F and H of
				Section 19, Subsection C or D of Section 20 of the Act, an interpretation given
				to the collective bargaining agreement by the employer and the exclusive
				representative shall be presumed correct.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.9 - LIMITATIONS PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
Any complaint filed more than six months following the
				  conduct claimed to violate the Act or more than six months after the
				  complainant either discovered or reasonably should have discovered each
				  conduct, shall be dismissed.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.10 - FILING OF ANSWER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Within
				fifteen (15) days after service of a complaint, the respondent shall file with
				the director and serve upon the complainant its answer admitting, denying or
				explaining each allegation of the complaint. For purposes of this rule, the
				term "allegation" shall mean any statement of fact or assertion of law
				contained in a complaint. No particular form is required either to state
				allegations or to answer them.
B.
				If a respondent in its answer admits or fails to deny an allegation of the
				complaint, the director, hearing examiner or board may find the allegation to
				be true.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.11 - DEFAULT DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
If a respondent fails to file a timely answer, the director
				  shall serve on the parties a determination of violation by default, based upon
				  the allegations of the complaint and any evidence submitted in support of the
				  complaint.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.12 - SCREENING/INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon receipt of
				a complaint, the director shall screen the complaint for facial adequacy. If
				the complaint is facially deficient, the director shall advise the complainant
				of the deficiency and give the complainant an opportunity to amend the
				complaint within five (5) days. Absent an amendment curing a facially deficient
				complaint, the director shall dismiss the complaint, stating the reasons in
				writing and serving the dismissal on the parties. A complaint that is facially
				untimely pursuant to Section 9 shall be dismissed.
B. After screening a complaint, the director
				shall investigate the allegations. The director need not await the filing of an
				answer before commencing the investigation. At the director's request, the
				complainant shall immediately present to the director all evidence available to
				the complainant in support of the complaint, including documents and the
				testimony of witnesses.
C. If a
				complainant fails to timely produce evidence in support of its complaint
				pursuant to the director's request, or fails to produce evidence that in the
				director's opinion is sufficient to support the allegations of the complaint,
				the director shall request the complainant withdraw the complaint within five
				(5) days and, absent such withdrawal, shall dismiss the complaint stating the
				director's reasons in writing and serving the dismissal on all
				parties.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.13 - APPEAL TO BOARD OF DIRECTOR'S DISMISSAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director's decision to dismiss a
				complaint shall be subject to board review by the complainant filing with the
				board and serving upon the other parties a notice of appeal within ten (10)
				days following service of the dismissal decision. In its appeal, the
				complainant shall state the particular findings or conclusions of the director
				to which it takes exception and shall identify specific evidence that the
				complainant presented or offered to the director which supports the
				complainant's position on appeal.
B. Within ten (10) days after service of a
				notice of appeal, any other party may file and serve a response to the
				appeal.
C. The board may consider
				the case on the papers filed with it or, in its discretion, may also hear oral
				argument. The board shall issue its decision affirming the director's
				dismissal, ordering further investigation, or setting a hearing as soon as
				feasible following its consideration of the appeal but in any event no later
				than its next or the following regular meeting. The board may approve and
				incorporate in its decision all or any part of the director's dismissal
				decision.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.14 - NOTICE OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
If the director, following investigation and the filing of an
				  answer, believes that there is sufficient evidence that the respondent has
				  committed a prohibited practice to warrant a hearing, the director shall
				  designate a hearing examiner, set a hearing, and serve a notice of the hearing
				  upon all parties. The director shall dismiss the complaint or set a hearing
				  within thirty (30) days of filing of the complaint. A hearing shall be
				  scheduled within forty-five (45) days of the filing of the
				  complaint.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.15 - PRE-HEARING SETTLEMENT EFFORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Following service of a notice of hearing and before commencement of the
				hearing, the director shall attempt to settle the complaint with the parties.
				If the parties achieve a settlement, they shall reduce it to writing and submit
				it to the director for approval.
B.
				If the complaint cannot be settled by the parties prior to the hearing, the
				matter shall proceed to hearing. However, the complaint may be settled by the
				parties at any time prior to hearing.
C. The director or hearing examiner may
				submit a proposed settlement agreement to the board for its approval before the
				settlement becomes final.
D. The
				complainant may withdraw the complaint at any time prior to hearing, without
				approval by the director or the board. After commencement of the hearing, the
				complaint shall not be withdrawn or settled without the approval of the hearing
				examiner. After a hearing examiner's report has been issued, a complaint may
				not be withdrawn without board approval.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.16 - PROHIBITED PRACTICES HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				In the absence of an approved settlement agreement, the hearing examiner shall
				conduct a formal hearing, assigning the burden of proof and the burden of going
				forward with the evidence to the complainant, as stated in
				11.21.1.22
				NMAC.
B. The hearing examiner may
				examine witnesses called by the parties, call additional witnesses, or call for
				the introduction of documents.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.17 - BRIEFS

Current through Register Vol. 35, No. 13, July 16, 2024
The filing of post-hearing briefs shall be permitted on the
				  same basis as provided by
				  11.21.2.20 NMAC
				  for briefs in representation cases.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.18 - HEARING EXAMINER REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
The hearing examiner shall issue a "report and recommended
				  decision" within the same time limits and following the same requirements
				  provided in
				  11.21.2.21
				  NMAC for hearing examiner reports in representation cases.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.19 - APPEAL TO BOARD OF HEARING EXAMINER'S RECOMMENDATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any party aggrieved by the hearing
				officer's recommendation may obtain board review by filing with the board and
				serving on the other parties a notice of appeal within ten (10) days following
				service of the hearing officer's report. The notice of appeal shall specify
				which findings, conclusions, or recommendations to which exception is taken and
				shall identify the specific evidence presented or offered at the hearing that
				supports each exception.
B. Any
				other party may file a response to notice of appeal within ten (10) days of
				service of the notice of appeal.
C.
				The board may determine an appeal on the papers filed or, in its discretion,
				may also hear oral argument. The board shall decide the appeal and issue its
				decision within sixty (60) days of the notice of appeal. The board may issue a
				decision adopting, modifying, or reversing the hearing examiner's
				recommendations or taking other appropriate action. The board may incorporate
				all or part of the hearing examiner's report in its decision.
D. If notice of appeal is not filed within
				the time set out in Subsection A of 11.21.3.19 NMAC, the hearing examiner's
				report and recommended decision shall be transmitted immediately to the board
				which may pro forma adopt the hearing examiner's report and recommended
				decision as its own. In that event, the report and decision so adopted shall be
				final and binding upon the parties but shall not constitute binding board
				precedent.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.20 - RELIEF FROM PROHIBITED PRACTICES DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A party may move to set aside a default determination entered
				  against it within thirty (30) days after the service thereof. Said motion shall
				  be served upon all other parties and shall set out in detail the reasons in
				  support thereof. Upon finding good cause for the motion and within thirty (30)
				  days of the filing of such motion, the director or board shall order such
				  further proceeding as it deems appropriate. The failure to act within thirty
				  (30) days after the filing of such motion shall constitute a denial of the
				  motion.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 3 - PROHIBITED PRACTICES PROCEEDINGS › Section 11.21.3.21 - ADMINISTRATIVE AGENCY DEFERRAL

Current through Register Vol. 35, No. 13, July 16, 2024
Where the board becomes aware that a complainant has
				  initiated another administrative or legal proceeding based on essentially the
				  same facts and raising essentially the same issues as those raised in the
				  complaint, the board may take any of the following actions, at the board's
				  discretion:
A. The board may hold the
				proceedings under the Act in abeyance pending the outcome of the other
				proceeding.
B. The board may go
				forward with its own processing. In so doing, the board may request that the
				other proceedings be held in abeyance pending outcome of the board proceeding.
In the event that the resolution of the proceedings in such
				  other forum is contrary to the Act or all issues raised before the board are
				  not resolved, the board may proceed under the provisions of 11.21.3
				  NMAC.
C. For purposes of
				this rule, "board" shall mean the board or the director.