2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 52 - Municipal Transit
Section 3-52-14 - Declaration of legislative intent.

The legislature in recognition of the provisions of Public Law 88-365, 88th Congress, 1964, and realizing the importance of modern, efficient, economical transportation facilities in a municipality as an assurance of the convenience to the citizenry and the promotion of economic progress and development, desires to bring existing New Mexico laws in accord with the provisions of the Urban Mass Transportation Act of 1964 and to enable a municipality to qualify for a grant under such law through recognition of, and collective bargaining with, an appropriate union as required under the labor standards provision in Section 10, Paragraph (c) of the above federal law.

History: 1953 Comp., § 14-53-14, enacted by Laws 1965, ch. 274, § 1.

Compiler's notes. — The Urban Mass Transportation Act of 1964 (Public Law 88-365), cited in this section, was formerly codified as 49 U.S.C. § 1601 et seq. It was repealed effective July 5, 1994. For present sections, see the Federal Transit Act, 49 U.S.C. § 5301 et seq.

No general right of public sector collective bargaining. — Because the legislature, by 3-52-14 to 3-52-16 NMSA 1978, expressly authorized one public entity, municipalities, to engage in collective bargaining with one type of employee, mass transit workers, it may be inferred that the legislature specifically rejected collective bargaining for all others. 1987 Op. Att'y Gen. No. 87-41.

It would be incorrect to infer that by including a provision allowing closed meetings to discuss strategy preliminary to collective bargaining negotiations, 10-15-1E(3) [10-15-1H(5)] NMSA 1978 in the Open Meetings Act, the legislature recognized the general right of public sector collective bargaining. To the contrary, that provision was enacted only because the legislature specifically had authorized cities to bargain collectively with transit workers in 3-52-14 to 3-52-16 NMSA 1978. 1987 Op. Att'y Gen. No. 87-41 (issued prior to enactment of the Public Employees Bargaining Act, § 10-7E-1 NMSA 1978, et seq.).