New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 21 - LABOR UNIONS/LABOR RELATIONS › Part 1 - GENERAL PROVISIONS › Section 11.21.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Statutory
				definition: The terms defined in Section
				10-7E-4
				NMSA 1978, shall have the meanings set forth therein.
B. Additional definitions: The following
				terms shall have the meanings set forth below.
(1)
"Act"
means the New Mexico
				Public Employee Bargaining Act, Sections
				10-7E-1
				through
				10-7E-26
				NMSA 1978 including any amendments to that statute.
(2)
"Amendment of certification"
means a procedure whereby an incumbent labor organization certified by the
				board to represent a unit of public employees or a public employer may petition
				the board to amend the certification to reflect a change such as a change in
				the name or the affiliation of the labor organization or a change in the name
				of the employer.
(3)
"Certification of incumbent bargaining status"
shall mean a
				procedure whereby a labor organization recognized by a public employer as the
				exclusive representative of an appropriate bargaining unit on June 30, 1999
				petitions the board for a declaration of bargaining status under Subsection B
				of Section
				10-7E-24
				NMSA 1978. or after a local board certifying the representative ceases to exist
				by operation of Section
				10-7E-10
				NMSA 1978 (2020).
(4)
"Challenged ballot"
means the ballot of a voter in a
				representation election whose eligibility to vote is questioned either by a
				party to the representation case or by the director.
(5)
"Challenged card"
means a
				card or other showing of interest submitted pursuant to Sections 11 or 23 of
				11.21.2 NMAC, that the director or a party to the case alleges does not meet
				the requirements of
				11.21.2.11
				NMAC.
(6)
"Complainant"
means an individual, labor organization, or public
				employer that has filed a prohibited practices complaint.
(7)
"Delivering a copy"
as it
				pertains to service or filing of pleadings or other documents means:
(1) handing it to the board, to its agent(s),
				to opposing counsel or unrepresented parties;
(2) sending a copy by facsimile or electronic
				submission in accordance with
				11.21.1.10
				NMAC or
				11.21.1.24
				NMAC;
(3) leaving it at the
				board's, opposing attorney's or party's office with a clerk or other person in
				charge thereof; or
(4) if the
				attorney's or party's office is closed or the person to be served has no
				office, leaving it at the unrepresented person's dwelling house or usual place
				of abode with some person of suitable age and discretion then residing
				therein.
(8)
"Director"
means the director of the public employee labor
				relations board.
(9)
"Document"
means any writing, photograph, film, blueprint,
				microfiche, audio or video tape, data stored in electronic memory, or data
				stored and reproducible in visible or audible form by any other
				means.
(10)
"Electronic
				submission"
means the filing of a pleading or other document with the
				board using the electronic system established by the PELRB, service by the
				parties, or email communications.
(11)
"On a form prescribed by the
				director"
as used in these rules pertaining to the filing of documents
				with the board, shall include the electronic data submitted by use of any
				interactive form posted for that purpose on the board's website.
(12)
"Probationary employee"
for
				state employees shall have the meaning set forth in the State Personnel Act and
				accompanying regulations; for other public employees, other than public school
				employees, it shall have the meaning set forth in any applicable ordinance,
				charter or resolution, or, in the absence of such a definition, in a collective
				bargaining agreement; provided, however, that for determining rights under the
				PEBA non-state employees a public employee may not be considered to be a
				probationary employee for more than one year after the date of hire by a public
				employer. If otherwise undefined, the term shall refer to an employee who has
				held that position, or a related position, for less than six months.
(13)
"Prohibited practice"
means
				a violation of Section
				10-7E-19,
				10-7E- 20 NMSA 1978 or Subsection A of Section
				10-7E-21
				NMSA 1978.
(14)
"Representation case"
or
"representation proceeding"
means any matter in which a petition has been filed with the director
				requesting a certification or decertification election, or an amendment of
				certification, or unit clarification.
(15)
"Respondent"
means a party
				against whom a prohibited practices complaint has been filed.
(16)
"Rules"
means the rules and
				regulations of the board (these rules), including any amendments to
				them.
(17)
"Unit
				accretion"
means the inclusion in an existing bargaining unit of
				employees who do not belong to any existing bargaining unit, who share a
				community of interest with the employees in the existing unit, and whose
				inclusion will not render the existing unit inappropriate.
(18)
"Unit clarification"
means
				a proceeding in which a party to an existing lawful collective bargaining
				relationship petitions the board to change the scope or description of an
				existing bargaining unit; a change in union affiliation; to consolidate
				existing bargaining units represented by the same labor organization; or to
				realign existing bargaining units of employees represented by the same
				exclusive representative into horizontal units, where the board finds the unit
				as clarified to be an appropriate bargaining unit and no question concerning,
				representation arises.
(19)
"Unit inclusions or exclusions"
means the status of an individual,
				occupational group, or group of public employees in clear and identifiable
				communities of interest in employment terms and conditions and related
				personnel matters, as being within or outside of an appropriate bargaining unit
				based on factors such as supervisory, confidential or managerial status, the
				absence thereof, job context, principles of efficient administration of
				government, the history of collective bargaining, and the assurance to public
				employees of the fullest freedom in exercising the rights guaranteed by the
				Public Employee Bargaining Act.