reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.1 - 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 1 - GENERAL PROVISIONS › Section 11.21.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The scope of part 1 of chapter 21 applies to public
				  employers, public employees and labor organizations as defined by 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 1 - GENERAL PROVISIONS › Section 11.21.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Authority for Part 1 of Chapter 21 is the Public Employee
				  Bargaining Act NMSA 1978 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 1 - GENERAL PROVISIONS › Section 11.21.1.5 - 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 1 - GENERAL PROVISIONS › Section 11.21.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective for part 1 of chapter 21 is to establish
				  principles governing implementation of the New Mexico Public Employee
				  Bargaining Act (NMSA 1978, Section
				  10-7E-1
				  through
				  10-7E-26
				  ) and to establish fair and expeditious procedures that further the purposes of
				  that act, which are:
(1) to guarantee
				public employees the right to organize and bargain collectively with their
				employers;
(2) to promote
				harmonious and cooperative relationships between public employers and public
				employees; and
(3) to protect the
				public interest by assuring, at all times, the orderly operation and
				functioning of the state and its political subdivisions. (NMSA 1978, Section
				10-7E-2
				) These rules should be interpreted consistently with the Public Employee
				Bargaining Act as presently written or as later amended.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.8 - COMPUTATION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
When these rules state a specific number of days in which
				  some action must or may be taken after a given event, the date of the given
				  event is not counted in computing the time, and the last day of the period is
				  deemed to end at close of business on that day. Saturday's, Sundays and state
				  recognized legal holidays observed in New Mexico shall not be counted when
				  computing the time. When the last day of the period falls on a Saturday, Sunday
				  or legal holiday observed in New Mexico, then the last day for taking the
				  action shall be the following business day.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.9 - EXTENSION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
A party seeking an extension of time in which to file with
				  the director, the board or a hearing examiner any required or permitted
				  document may file with the director or the hearing examiner, an appropriate
				  written request for an extension. Such a request shall be filed at least three
				  (3) days prior to the due date and shall state the position of all other
				  parties, or that the filing party was unable to reach another party. The
				  director, the board or the hearing examiner may grant an extension for good
				  cause shown and, in granting an extension, may shorten the time
				  requested.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.10 - FILING WITH THE DIRECTOR OR THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
To file a document with the director or the board, the
				  document may be either hand-delivered to the board's office in Albuquerque
				  during its regular business hours, or sent to that office by United States
				  mail, postage prepaid, or by the New Mexico state government interagency mail
				  or by sending a copy by facsimile or electronic submission. The director will
				  be responsible for recording the filing of documents to be filed with the
				  board, as well as documents to be filed with the director.
A. Time of filing: A document will be deemed
				filed when it is received by the director. For hand delivered or mailed
				documents the date and time stamp affixed by the receiving board agent will be
				determinative. For faxed or electronically transmitted documents the time and
				date affixed on the cover page or the document itself by the board's facsimile
				machine or receiving computer will be determinative.
B. Additional time after service by mail:
				Whenever a party has the right or is required to do some act or take some
				proceedings within a prescribed period after the service of a notice or other
				paper upon the party and the notice or paper is served upon the party by mail,
				three days shall be added to the prescribed period. Intermediate Saturdays,
				Sundays, and legal holidays are included in counting these added three days. If
				the third day is a Saturday, Sunday, or legal holiday, the last day to act is
				the next day that is not a Saturday, Sunday, or legal holiday. y, Sunday, or
				legal holiday, the last day to act is the next day that is not a Saturday,
				Sunday, or legal holiday.
C.
				Signatures: Parties or their representatives filing electronically thereby
				certify that required signatures or approvals have been obtained before filing
				the document. The full, printed name of each person signing a paper document
				shall appear in the electronic version of the document. All electronically
				filed documents shall be deemed to contain the filer's signature. The signature
				in the electronic document may represent the original signature in the
				following ways:
(1) by scanning or other
				electronic reproduction of the signature; or
(2) by typing in the signature line the notation "/s/" followed by
				the name of the person who signed the original document.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.11 - REPRESENTATION OF A PARTY

Current through Register Vol. 35, No. 13, July 16, 2024
A party may, be self-represented or be represented by counsel
				  or other representative. Any representative of a party shall file with the
				  board a signed notice of appearance, stating the name of the party; the title
				  and official number (if available) of the case in which the representative is
				  representing the party, and the name, address and telephone number of the
				  representative. The filing of a pleading containing the above information is
				  sufficient to fulfill this requirement.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.12 - EX PARTE COMMUNICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided in this rule, no party to a
				  proceeding pending before this board or any of its agents shall communicate, or
				  attempt to communicate, with a hearing examiner assigned to the case, with the
				  director, or with a board member, concerning any issue in the case, without, at
				  the same time, transmitting the same communication to all other parties to the
				  proceeding. It shall not be a violation of this rule to communicate concerning
				  the status of a case, or to communicate concerning such procedural matters as
				  the location or time of a hearing, the date on which documents are due, or the
				  method of filing. It shall not be a violation of this rule for a party to
				  communicate with the director during the investigatory phase of a proceeding.
				  It shall not be a violation of this rule for a party to communicate with anyone
				  concerning any rulemaking proceeding of the board, or to communicate with the
				  director, a mediator, or board member at the director's, mediator's, or board
				  member's request.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.13 - DISQUALIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
No board agent, member nor hearing examiner shall decide or
				  otherwise participate in any case or proceeding in which he or she (a) has a
				  financial interest in the outcome; (b) is indebted to any party, or related to
				  any party or any agent or officer of a party by consanguinity within the third
				  degree; (c) has acted on behalf of any party within two years of the
				  commencement of the case or proceeding; or (d) for some other reason or
				  prejudice, he or she cannot fairly or impartially consider the issues in the
				  proceeding.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.14 - MOTION TO DISQUALIFY

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				motion to disqualify a board agent, member or hearing examiner in any matter,
				based upon the foregoing criteria, shall be filed with the board, with copies
				served on all parties, prior to any hearing or the making of any material
				ruling involving the pending issues.
B. Such motion shall set out the basis for
				the disqualification and all facts in support thereof.
C. If the board finds such motion meritorious
				upon due inquiry, it shall disqualify the board agent, member or hearing
				examiner and he or she shall withdraw from the proceeding. If the motion is
				denied, the board shall so rule and the matter shall proceed.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.15 - RECORDS OF PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
All meetings of the board (whether general, special or
				  emergency) and all rulemaking, unit determination, and prohibited practice
				  hearings before the board or a hearing examiner of the board shall be audio-
				  recorded, or, upon order of the board may be transcribed, except that board
				  meetings or portions thereof lawfully closed shall not be recorded or
				  transcribed, unless so directed by the board. Following the board's approval of
				  the minutes of a meeting of the board, the minutes shall become the sole
				  official record of the meeting, and the audio recording of the meeting may be
				  erased. The director shall keep the audio recordings of the rulemaking, unit
				  determination, and prohibited practices hearings for a period of at least one
				  year following the close of the proceeding in which the hearing is held, or one
				  year following the close of the last judicial or board proceeding (including
				  any appeal or request for review) related to the case in which the hearing is
				  held, whichever is later, or such longer period as may be required by law. No
				  recording shall be made of any mediation proceeding, settlement discussion, or
				  alternative dispute resolution effort except by agreement of all parties and
				  participating officials. The board's recording or transcript shall be the only
				  official record of a hearing.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.16 - NOTICE OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. After the
				appropriate notice or petition is filed in a representation, prohibited
				practices or impasse resolution case, the director shall hold a status and
				scheduling conference with the parties to determine the issues; establish a
				schedule for discovery, including the issuance of subpoenas, and pretrial
				motions; and set a hearing date.
B.
				Upon setting a rulemaking hearing, the director or the board shall cause notice
				of hearing to be issued setting forth the nature of the rulemaking proceeding,
				the time and place of the hearing, the manner in which interested persons may
				present their views, and the manner in which interested persons may obtain
				copies of proposed rules. Notices of rulemaking hearings shall be sent by
				regular mail to all persons who have made requests for such notice, and shall
				be published in at least one newspaper of general circulation in New Mexico at
				least 30 days prior to commencement of the hearing.
C. Upon setting a hearing or conference
				before the director or designee or before the board in any proceeding, the
				director or the board shall cause notice of hearing to be issued to all parties
				of record setting forth the time and place of the hearing or conference. A
				party to a representation, prohibited practices or impasse resolution case in
				which a hearing or conference is scheduled may request postponement of the
				hearing or conference by filing a written request with the director, and
				serving the request upon all other parties, at least five days before
				commencement of the hearing or conference. The requesting party shall state the
				specific reasons in support thereof. Upon good cause shown, the director shall
				grant a postponement to a date no more than 20 days after the previously set
				date. Only in extraordinary circumstances may the director grant a further
				postponement, or a postponement to a date more than 20 days after the
				previously set date, or a postponement with less than five days'
				notice.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.17 - EVIDENCE ADMISSIBLE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				technical rules of evidence shall not apply, but, in ruling of the
				admissibility of evidence, the hearing examiner or board may require reasonable
				substantiation of statements or records tendered, the accuracy or truth of
				which is in reasonable doubt.
B.
				Irrelevant, immaterial, unreliable, unduly repetitious or cumulative evidence,
				and evidence protected by the rules of privilege (such as attorney-client,
				physician-patient or special privilege) shall be excluded upon timely
				objection.
C. The hearing examiner
				or board may receive any evidence not objected to, or may, upon the hearing
				examiner's or board's own initiative, exclude such evidence if it is
				irrelevant, immaterial, unreliable, unduly repetitious, cumulative or
				privileged.
D. Evidence may be
				tentatively received by the hearing examiner or board, reserving a ruling on
				its admissibility until the issuance of a report or decision.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.18 - MISCONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
As part of the board's statutory duty under Section 2 of the
				  Act to ensure the orderly functioning of the state and its political
				  subdivisions; and as part of its power to hold hearings and enforce the act by
				  the imposition of appropriate administrative remedies pursuant to Section 9 of
				  the Act, the hearing examiner or body conducting a hearing or official
				  performing duties under the act may exclude or expel from any hearing or
				  proceeding, any person, whether or not a party, who engages in violent,
				  threatening, disruptive, abusive or unduly disrespectful behavior. An exercise
				  of the board's power to control its proceedings under this rule may include
				  prohibiting a representative from appearing before the board or one of its
				  hearing examiners for a period of time designated by the board, reprimanding,
				  suspending, or recommending referral for other disciplinary action. In the
				  event of such exclusion or expulsion the hearing examiner, body or official
				  shall explain on the record the reasons for the exclusion or expulsion and may
				  either proceed in the absence of the excluded person or recess such proceeding
				  and continue at another time, as may be appropriate. An exercise of this power
				  by an agent of the board is subject to review by the board.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.19 - SUBPOENAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any party to a
				proceeding in which a notice of hearing has issued may file a written request
				with the director for the issuance of a subpoena for witness testimony or a
				subpoena for the production of documents to procure testimony or documents at
				the hearing. Deadlines for requesting subpoenas shall be established pursuant
				to the scheduling order agreed to by the parties. A subpoena request shall
				state the name and number of the case; identify the person(s) or documents
				sought; and state the general relevance to an issue in the case of the
				testimony or documents sought. The director may refuse to issue a subpoena
				where the request fails to meet these requirements, or where it appears to the
				director that the documents or testimony sought are not relevant to issues in
				the case. Otherwise, the director shall immediately issue a subpoena to the
				requesting party.
B. The director,
				a hearing examiner, or the board may issue subpoenas on the initiative of the
				director, hearing examiner or board, in which case a showing of relevance is
				not required, and a notice of hearing need not have been issued.
C. A person upon whom a subpoena is served
				may move to quash the subpoena. A motion to quash shall be filed according to
				the scheduling order, or as permitted by the board, director or the hearing
				examiner.
D. Any applicable witness
				and travel fees shall be the responsibility of the subpoenaing party.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.20 - EXCHANGE OF DOCUMENTS AND LISTS OF WITNESSES

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to the scheduling order, each party shall serve upon
				  all other parties all documents it intends to introduce at the hearing and a
				  list of all witnesses it intends to call, along with a brief statement of the
				  subjects about which each witness is expected to testify. No party may compel
				  discovery other than as provided in this rule and Section 19 (subpoenas),
				  except by a specific order of the board upon good cause shown. The hearing
				  examiner may permit the admission in evidence of witness testimony or of
				  documents not timely supplied under this rule if, in the hearing examiner's
				  judgment, there was sufficient reason for the failure to timely supply the
				  names or documents.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.21 - OWNERSHIP AND CONFIDENTIALITY OF SHOWING OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
Evidence of a showing of interest submitted to the director
				  in support of a representation petition shall remain the property of the party
				  submitting such evidence; shall not become property of the director or the
				  board, shall be kept confidential by the director and the board; and shall be
				  returned to the party that submitted the same upon the close of the
				  case.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.22 - BURDEN OF PROOF

Current through Register Vol. 35, No. 13, July 16, 2024
A. Except in
				unit clarification proceedings, no party shall have the burden of proof in a
				representation proceeding. Rather, the director in the investigatory phase or
				the hearing examiner shall have the responsibility of developing a fully
				sufficient record for a determination to be made and may request any party to
				present evidence or arguments in any order. In a unit clarification proceeding,
				a party seeking any change in an existing appropriate unit, or in the
				description of such a unit, shall have the burden of proof and the burden of
				going forward with the evidence.
B.
				In a prohibited practices proceeding, the complaining party has the burden of
				proof and the burden of going forward with the evidence.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.23 - MOTIONS AND RESPONSES TO MOTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All motions and responses to motions, except those made at a
				  hearing, shall be in writing and shall be served simultaneously upon all
				  parties to the proceeding. All written motions shall be filed and served on all
				  parties pursuant to the scheduling order. Motions and responses made at
				  hearings may be made orally. If a party decides to file a response to a written
				  motion, the response shall be filed and simultaneously served pursuant to the
				  scheduling order or, if no deadline is set forth in the scheduling order or
				  such has yet to be issued, within 10 days.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.24 - SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
Service of papers upon parties may be made by personal
				  delivery by depositing in United States mail, first class postage prepaid, by
				  facsimile ("fax") submission or by electronic submission and, by the next
				  scheduled work day after sending a "fax" or electronic submission, either
				  personally delivering the document or depositing it in first class mail, in
				  which case the date of "fax" or electronic submission shall be the date of
				  service. Each document served shall be accompanied by a signed certification
				  stating the name and address of each person served and the date and method of
				  service. The certification may be placed on the document served. The board may
				  serve any document by electronic transmission to an attorney or party or its
				  representative under this rule.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.25 - TESTIMONY OF BOARD AGENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Agents of the board (including the director, investigators,
				  hearing examiner, and board members), whether employees of the board or
				  contractors, may not be compelled to testify in board
				  proceedings.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.26 - FORM OF PAPERS

Current through Register Vol. 35, No. 13, July 16, 2024
All papers required or permitted to be filed with the
				  director, a hearing examiner, or the board shall be on an official form
				  prepared by the director, if available, or on 8 ½ by 11 white paper,
				  double spaced. All papers shall show at or near the top of the first page the
				  case name and, if available, the case number, and shall be
				  signed.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.27 - APPEAL OR REVIEW BY THE BOARD

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise provided in these rules, appeal or request
				  for review by the board shall be permitted only upon completion of proceedings
				  before a hearing examiner or the director. Review by the board shall be based
				  on the evidence presented or offered at the earlier stages of the proceeding,
				  and shall not be de novo. An interlocutory appeal may be allowed with the
				  permission of the board, director or the hearing examiner.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.28 - DIRECTOR'S AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Except as otherwise provided in these rules, the director
				  shall have authority to delegate to other board employees or outside
				  contractors any of the authority delegated to the director by these rules. In
				  every case where these rules or the act provide for the appointment of a
				  hearing examiner, the director or the board shall appoint the hearing examiner,
				  and may appoint the director or a board member as the hearing
				  examiner.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.29 - CLOSING OF CASES

Current through Register Vol. 35, No. 13, July 16, 2024
The director shall close a case following completion of all
				  administrative and judicial proceedings related to the case. The director may,
				  after notice to the parties, summarily close any case in which the moving party
				  has taken no action within the previous six months, unless the delay is caused
				  by factors beyond the party's control.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.30 - PUBLICATION OF BOARD DECISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
At the times and in the manner prescribed by the board, the
				  director shall reproduce multiple copies of board decisions, classify and index
				  the decisions, and make tables and indexes of the decisions, as well as
				  compilations of the decisions, available to the public.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.31 - TIME LIMITS FOR BOARD ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Whenever these rules set forth a period of time within which
				  the board, the director, or a hearing officer must take any action, the board,
				  director or hearing examiner may, for good cause, extend for a reasonable time,
				  not to exceed twenty (20) workdays for each extension, the date by which such
				  action must be taken, unless the date is controlled by
				  statute.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.32 - MEETINGS BY TELEPHONE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Pursuant to 10-15-1(C) NMSA, 1978, a member of the board may participate in a
				meeting of the public employee labor relations board by means of a conference
				telephone or other similar communications equipment in accordance with the
				provisions enumerated in Subsections B through E of 11.21.1.32 NMAC.
B. This rule shall only apply when it is
				otherwise difficult or impossible for the member to attend the meeting in
				person.
C. Each member
				participating by conference telephone must be identified when
				speaking.
D. All participants must
				be able to hear each other at the same time.
E. Members of the public attending the
				meeting must be able to hear any member of the board who speaks during the
				meeting.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.33 - CHAIRPERSON SUCCESSION

Current through Register Vol. 35, No. 13, July 16, 2024
A. From
				among the three members appointed to the public employee labor relations board
				pursuant to Section
				10-7E-8
				NMSA 1978, the board shall appoint a chair to serve as the primary point of
				contact for the board's staff, to conduct the regular and special meetings of
				the board in a manner consistent with parliamentary procedure. In like manner
				the board shall appoint a vice-chair to serve in the capacity of chair in its
				absence or inability to serve and to provide for automatic succession when the
				term of the chair is up.
B. The
				chair and the vice-chair shall serve in those capacities for a period of one
				year. Upon completion of the chair's one-year term, the vice-chair shall
				automatically become the chair and assume the duties of that office. The past
				chair shall resume regular duties as a member of the board and the third board
				member, who has not served as vice-chair within the preceding year, shall
				assume that role.
C. Initial
				appointments under this rule shall be by seniority based on the board members'
				appointment letters. In the event of a tie, the chair shall be determined from
				between the two most senior members either by acclamation or by a coin toss
				supervised by the board's director.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.1 - 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 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The scope of Part 2 of Chapter 21 applies to public
				  employers, public employees and labor organizations as defined by 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 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.3 - 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 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.5 - 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 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 2 of Chapter 21 is to establish a
				  standard for uniform petition filings in an easily understood form in which all
				  pertinent information is given to the public employee labor relations board to
				  determine an appropriate bargaining unit.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.8 - COMMENCEMENT OF CASE

Current through Register Vol. 35, No. 13, July 16, 2024
A representation case is commenced by filing a representation
				  petition with the director on a form prescribed by the director. The form shall
				  include, at a minimum, the following information: the petitioner's name,
				  address, phone number, state or national affiliation, if any, and
				  representative, if any; the name, address and phone number of the public
				  employer or public employers whose employees are affected by the petition; a
				  description of the proposed appropriate bargaining unit and any existing
				  recognized or certified bargaining unit; the geographic work locations,
				  occupational groups, and estimated numbers of employees in the proposed unit
				  and any existing bargaining unit; a statement of whether or not there is a
				  collective bargaining agreement in effect covering any of the employees in the
				  proposed or any existing bargaining unit and, if so, the name, address and
				  phone number of the labor organization that is party to such agreement; and a
				  statement of what action the petition is requesting. A petition for
				  certification or decertification must be supported by at least a thirty percent
				  showing of interest as described in
				  11.21.2.11
				  NMAC. A petition shall contain a signed declaration by the person filing the
				  petition that its contents are true and correct to the best of his or her
				  knowledge and, in the case of a decertification petition that the filer is a
				  member of the labor organization to whom the decertification petition
				  applies.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.9 - SERVICE OF PETITION

Current through Register Vol. 35, No. 13, July 16, 2024
Upon filing a petition, the petitioner shall serve it upon
				  the employer and any incumbent labor organization. Within ten (10) days of the
				  filing of a petition, the director shall cause notice of the filing of the
				  petition to be sent to any other interested party.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.10 - FILING OF COLLECTIVE BARGAINING AGREEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Along with a representation petition, the petitioner shall
				  file with the director a copy of any collective bargaining agreement, then in
				  effect or recently expired, covering any of the employees in the petitioned-for
				  unit.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.11 - SHOWING OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
With the petition and at the same time the petition is filed,
				  the petitioner shall deposit with the director a showing of interest consisting
				  of signed, dated statements, which may be in the form of cards or a petition,
				  by at least thirty percent of the employees in the proposed unit stating, in
				  the case of a petition for certification , that each such employee wishes to be
				  represented for the purposes of collective bargaining by the petitioning labor
				  organization, and, in the case of a petition for a decertification election,
				  that each such employee wishes a decertification election. Electronic
				  signatures shall meet the requirements of the Uniform Electronic Transactions
				  Act (Chapter 14, Article 16 NMSA 1978). Each signature shall be separately
				  dated. Signatures dated more than one year prior to the filing of the petition
				  not be considered when determining the sufficiency of a showing of interest or
				  a determination of majority support, except for good cause shown. So long as it
				  meets the above requirements, a showing of interest may be in the form of
				  signature cards or a petition or other writing, or a combination of written
				  forms and shall be presumed valid unless contradicted by the submission of
				  clear and convincing evidence that they were obtained by fraud, forgery or
				  coercion. No showing of interest need be filed in support of a petition for
				  amendment of certification or unit clarification.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.12 - INFORMATION REQUESTED OF PARTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Within 10 days of the filing of a representation petition, the director shall
				by letter request of any party that appears to have an interest in the
				proceeding, including any public employees involved and any incumbent labor
				organizations, its position with respect to the appropriateness of the
				bargaining unit petitioned for; a statement of any issues of unit inclusion or
				exclusion that the party believes may be in dispute, and any other issue that
				could affect the outcome of the proceeding.
B. From any public employer involved, the
				director, within 10 days of the filing of a representation petition, shall also
				request a list of the employees holding positions in the petitioned-for unit or
				the unit to be decertified, based on the payroll period that ended immediately
				preceding the filing of the petition which contains the information described
				in Subsection A of Section 14 of the Act. The public-employer shall be
				instructed to file such a list within 10 days of the director's request. The
				board shall make the list available to the parties. If the petitioned-for unit
				is altered as a result of a hearing conducted pursuant to Section 13 of the
				Act, or by agreement of the parties, the employer shall provide an updated list
				of employees that were in the appropriate unit based on the payroll period that
				ended immediately preceding the filing of the petition no more than 10 days
				after receiving notice from the director of the changes to the petitioned-for
				unit.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.13 - INITIAL INVESTIGATION OF PETITION

Current through Register Vol. 35, No. 13, July 16, 2024
After a petition has been filed, the director shall
				  investigate the petition. The investigation shall include the following steps
				  and shall be completed within 30 days of the filing of the petition.
A. The director shall determine the facial
				validity of the petition, including the facial appropriateness of the
				petitioned-for unit and may request the petitioner to amend a facially
				inappropriate petition. In the absence of an appropriate amendment, the
				director shall dismiss a petition asking for a certification of, or a
				clarification that would result in, a facially inappropriate unit, or that is
				otherwise facially improper, in which case he shall explain his reasons in
				writing.
B. The director shall
				determine whether there are significant issues of unit scope, unit inclusion or
				exclusion, labor organization or public employer status; a bar to the
				processing of the petition; or other matters that could affect the proceedings.
				The director shall make the determination pursuant to the provisions of
				Subsection C of Section
				10-7E-13
				and Section
				10-7E-24
				NMSA 1978, of the Public Employee Bargaining Act.
C. The director shall check the showing of
				interest (if applicable) against the list of employees in the proposed unit
				filed by the public employer pursuant to Subsection B of
				11.21.2.12
				NMAC, to determine whether the showing of interest has been signed and dated by
				a sufficient number of employees and that the signatures are sufficiently
				current. If signatures submitted for a showing of interest meet the
				requirements set forth Section 11 of this rule, they shall be presumed valid
				unless the director is presented with clear and convincing evidence that they
				were obtained by fraud, forgery or coercion. In the event that evidence of such
				fraud, forgery or coercion is presented to the director, the director shall
				investigate the allegations as expeditiously as possible and shall keep the
				showing of interest confidential during the investigation. The director shall
				dismiss any petition supported by an improper or insufficient showing of
				interest, consistent with Section 23 (opportunity to present additional
				showing), and shall explain in writing the basis of the dismissal. The
				director's determination as to the sufficiency of a showing of interest is an
				administrative matter solely within the director's authority and shall not be
				subject to questions or review.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.14 - SETTLEMENT/STIPULATION OF UNIT ISSUES

Current through Register Vol. 35, No. 13, July 16, 2024
If the director finds that there are significant issues
				  affecting the proceeding that are or may be in dispute, the director shall
				  confer with all parties to attempt to resolve the issues and to enter into a
				  written stipulation stating the agreement. Any such stipulation shall be
				  subject to approval of the board upon review, which may be requested by the
				  board or sought by the director.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.15 - NOTICE OF FILING OF PETITION

Current through Register Vol. 35, No. 13, July 16, 2024
Unless the director has determined that there is need for a
				  representation hearing pursuant to Section 19, then within thirty (30) days of
				  receipt of a petition, the director shall issue a notice stating that the
				  petition has been filed, naming the petitioner, stating the unit
				  petitioned-for, and stating the procedures for intervention as set forth in
				  Section 16, below, including the date by which an intervenor must file its
				  petition and showing of interest. The director shall issue sufficient copies of
				  the notice to each employer involved, and each such employer shall post such
				  copies in places where notices to employees are normally posted. The notices
				  shall remain posted continuously for a least five days.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.16 - INTERVENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. At any time
				within ten (10) days after the employer's posting of the notice of filing of
				petition, a labor organization other than the petitioner may file with the
				director an intervenor's petition seeking to represent some or all of the
				employees in the petitioned-for unit. The intervenor's petition shall contain
				the same information set forth in Section 8 above.
B. The intervenor's petition shall be
				accompanied by a showing of interest showing that at least thirty (30%) of the
				employees in the petitioned-for unit wish to be represented by the intervenor
				for purposes of collective bargaining. The showing of interest shall otherwise
				meet the requirements set forth in Section 11, above.
C. An intervenor that has presented a
				sufficient showing of interest in the unit found to be appropriate shall be
				placed on the ballot and shall be considered a party to the
				proceeding.
D. Upon application, an
				incumbent labor organization shall have automatic intervenor status if it is
				not the petitioner, pursuant to the provisions of 10-7E-24(B) of the Public
				Employee Bargaining Act.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.17 - CONSENT ELECTION

Current through Register Vol. 35, No. 13, July 16, 2024
Where the parties are in agreement on all issues required to
				  be resolved in order to proceed to an election, and the director is satisfied
				  that the issues are so resolved, including unit scope, the director shall draw
				  up a consent election agreement to be signed by all parties and by the
				  director. Consent election agreements are subject to board review and may be
				  set aside by the board on its own initiative. If a consent election agreement
				  is not set aside at the board's next regular meeting or the following regular
				  meeting, the director shall proceed to an election on the basis of the
				  agreement.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.18 - INVESTIGATION, REPORT, NOTICE OF HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the absence of a consent election
				agreement, the director shall investigate the outstanding issues and shall
				issue and serve a report and direction of election, a report and dismissal of
				petition, or a notice of hearing within forty-five (45) days of the posting of
				the notice of filing of petition. If there is a dispute between the parties
				regarding unit composition, or the director is satisfied that the issues can
				best be resolved in a hearing, the director shall issue and serve a notice of
				hearing without first conducting a further investigation. A hearing concerning
				unit composition, where the parties are in dispute on that issue, shall be set
				for a date not later than thirty (30) days following the director's notice of
				hearing or the director's receipt of notice of the dispute, whichever is
				sooner.
B. A report and direction
				of election or a report and dismissal of petition shall be subject to board
				review under the procedures set forth in Section 22 below. The issuance of a
				notice of hearing shall not be subject to board review.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 2 - REPRESENTATION PROCEEDINGS › Section 11.21.2.19 - REPRESENTATION HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. In the
				absence of a consent election agreement, and where there are significant unit
				issues that, in the director's view, should be resolved in a hearing, the
				director shall issue a notice of hearing.
B. Except in cases where the board appoints
				the hearing examiner, the director shall appoint the hearing examiner, and may
				appoint himself or herself to serve as hearing examiner.
C. The hearing examiner shall take evidence
				sufficient to make a full and complete record on all unresolved unit issues and
				any other issues necessary to process the petition. Details such as the time,
				date and place of the election, and whether there will be manual or mail
				ballots or a combination, shall not be resolved through the hearing process,
				but shall be resolved instead through the pre-election conference process
				described in Section 25.
D. The
				hearing examiner may examine witnesses, call witnesses, and call for
				introduction of documents.