2019 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 7E - Public Employee Bargaining
Section 10-7E-9 - Board; powers and duties.

Universal Citation: NM Stat § 10-7E-9 (2019)

A. The board shall promulgate rules necessary to accomplish and perform its functions and duties as established in the Public Employee Bargaining Act, including the establishment of procedures for:

(1) the designation of appropriate bargaining units;

(2) the selection, certification and decertification of exclusive representatives; and

(3) the filing of, hearing on and determination of complaints of prohibited practices.

B. The board shall:

(1) hold hearings and make inquiries necessary to carry out its functions and duties;

(2) conduct studies on problems pertaining to employee-employer relations; and

(3) request from public employers and labor organizations the information and data necessary to carry out the board's functions and responsibilities.

C. The board may issue subpoenas requiring, upon reasonable notice, the attendance and testimony of witnesses and the production of evidence, including books, records, correspondence or documents relating to the matter in question. The board may prescribe the form of subpoena, but it shall adhere insofar as practicable to the form used in civil actions in the district court. The board may administer oaths and affirmations, examine witnesses and receive evidence.

D. The board shall decide issues by majority vote and shall issue its decisions in the form of written orders and opinions.

E. The board may hire personnel or contract with third parties as it deems necessary to assist it in carrying out its functions.

F. The board has the power to enforce provisions of the Public Employee Bargaining Act through the imposition of appropriate administrative remedies.

G. A rule promulgated by the board or a local board shall not require, directly or indirectly, as a condition of continuous employment, a public employee covered by the Public Employee Bargaining Act to pay money to a labor organization that is certified as an exclusive representative. The issue of fair share shall be left a permissive subject of bargaining by the public employer and the exclusive representative of each bargaining unit.

History: Laws 2003, ch. 4, § 9 and by Laws 2003, ch. 5, § 9.


Compiler's notes. — Laws 2003, ch. 4, § 9 and Laws 2003, ch. 5, § 9 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-9 NMSA 1978.

Retroactive application of statute of limitations. — The six-month limitation period enacted by NMAC, effective March 15, 2004, did not apply retroactively to bar the plaintiff's claim of breach of the plaintiff's union's duty of fair representation that the plaintiff first became aware of in 2002 and which the plaintiff filed on March 22, 2004. Akins v. United Steel Workers of Am., 2009-NMCA-051, 146 N.M. 237, 208 P.3d 457, aff'd, 2010-NMSC-031, 148 N.M. 442, 237 P.3d 744.

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