City of Albuquerque v. Montoya
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The issue on appeal in this case was the grandfather clause of the Public Employee Bargaining Act applied to the City of Albuquerque Labor-Management Relations Ordinance (the City Ordinance), as it pertained to the process for the appointment of interim members to the City's Labor-Management Relations Board. When the Local Board must meet during the absence of a member, Section 3-2-15(D) of the City Ordinance provided that the City Council President should appoint an interim member "with due regard to the representative character of the [Local] Board." The Court of Appeals characterized the City Council President as "managerial personnel" and held that the President's appointment of a third member defeated the neutral makeup of the Local Board’s membership. Upon review, the Supreme court disagreed and held that the City Council President does not serve in either a "management" or a "labor" capacity, and therefore the City Ordinance provision that provides a procedure by which the City Council President appoints a member to the Local Board during the absence of a member does not violate the Act's grandfather clause requirement that a local ordinance create a system of collective bargaining. Accordingly, the Court reversed the Court of Appeals' holding and remanded the case back to the Court of Appeals for consideration of other unaddressed issues.
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