2018 New Mexico Statutes
Chapter 50 - Employment Law
Article 4 - Labor Conditions; Payment of Wages
Section 50-4-28 - Right of collective bargaining.

Nothing in this act shall be deemed to interfere with, impede or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum under the provisions of this act.

History: 1953 Comp., § 59-3-25, enacted by Laws 1955, ch. 200, § 6.

Compiler's notes. — The words "this act" refer to Laws 1955, ch. 200, the unrepealed sections of which are compiled herein as 50-4-19, 50-4-21, 50-4-22, 50-4-25, 50-4-26, 50-4-28, 50-4-29 NMSA 1978.

Application of the federal Labor Management Relations Act. — Where defendant terminated plaintiff's employment because plaintiff, who was a produce manager in one of defendant's grocery stores, was engaged in union-organizing activities at the store and plaintiff's claims did not originate in a collective bargaining agreement, plaintiff's claims were not preempted by Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a) (2000). Humphries v. Pay and Save, Inc., 2011-NMCA-035, 150 N.M. 444, 261 P.3d 592.

Claims preempted under the federal National Labor Relations Act. — Where defendant terminated plaintiff's employment because plaintiff, who was a produce manager in one of defendant's grocery stores, was engaged in union-organizing activities at the store, plaintiff's claims, whether plaintiff was an employee or a supervisor, were preempted by Sections 7 and 8 of the federal National Labor Relations Act, 29 U.S.C. §§ 157 and 158. Humphries v. Pay and Save, Inc., 2011-NMCA-035, 150 N.M. 444, 261 P.3d 592.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Failure to pursue or exhaust remedies under union contract as affecting employee's right of state civil action for retaliatory discharge, 32 A.L.R.4th 350.

Collective bargaining agreement as restricting right to engage in concerted activities, other than striking or picketing, under § 7 of National Labor Relations Act (29 USCS § 157), 69 A.L.R. Fed. 812.

Employer's duty to furnish wage information to employees' representative under National Labor Relations Act, 112 A.L.R. Fed. 81.

Reasonableness of qualifications for union office under § 401(c) of Labor-Management Reporting and Disclosure Act (29 USCA § 481(c)), 147 A.L.R. Fed. 389.