2019 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 7E - Public Employee Bargaining
Section 10-7E-10 - Local board; created.
A. With the approval of the board, a public employer other than the state may, by ordinance, resolution or charter amendment, create a local board similar to the public employee labor relations board. Once created and approved, the local board shall assume the duties and responsibilities of the public employee labor relations board. A local board shall follow all procedures and provisions of the Public Employee Bargaining Act unless otherwise approved by the board.
B. The local board shall be composed of three members appointed by the public employer. One member shall be appointed on the recommendation of individuals representing labor, one member shall be appointed on the recommendation of individuals representing management and one member shall be appointed on the recommendation of the first two appointees.
C. Local board members shall serve one-year terms. Local board members may serve an unlimited number of terms. Vacancies shall be filled in the same manner as the original appointment, and such appointments shall only be made for the remainder of the unexpired term.
D. During the term for which he is appointed, a local board member shall not hold or seek any other political office or public employment or be an employee of a union or an organization representing public employees or public employers.
E. Each local board member shall be paid per diem and mileage in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History: Laws 2003, ch. 4, § 10 and by Laws 2003, ch. 5, § 10.ANNOTATIONS
Compiler's notes. — Laws 2003, ch. 4, § 10 and Laws 2003, ch. 5, § 10 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-10 NMSA 1978.
Local board selection. — City ordinance that allows a public employer to select two members of the three-member local board to adjudicate labor-management disputes does not productively allow employees to collectively bargain. City of Deming v. Deming Firefighters Local 4521, 2007-NMCA-069, 141 N.M. 686, 160 P.3d 595.