2021 New Mexico Statutes
Chapter 50 - Employment Law
Article 2 - Corrupt and Coercive Practices
Section 50-2-2 - [Prohibited acts; picketing; coercion or intimidation; obstructing ways of entrance or egress; interfering with use of transportation facilities; damages from violation of law; injunction.]

A. It shall be unlawful for a labor organization or its representatives to engage in picketing or to induce others to engage in picketing where an object thereof is:

(1) coercing or inducing an employer or self-employed person to join or contribute to a labor organization; or

(2) coercing or inducing an employer to recognize or bargain with a labor organization as the representative of his employees unless a majority of said employees favor such representation, provided, that the provisions of this subsection shall not apply when a majority of employees favored such representation at the commencement of such picketing, and the employer has eliminated such majority by the discharge of any employee favoring such representation, or the hiring of any additional employees opposed to such representation for the purpose of availing himself of the remedies provided in this section.

B. It shall be unlawful in connection with any labor dispute for any person individually or in concert with others to hinder or prevent by mass picketing, violence or threats of violence, force, coercion or intimidation of any kind, the pursuit of any lawful work or employment, or to obstruct or interfere with entrance to or egress from any place of employment, or to obstruct or interfere with free or uninterrupted use of any public roads, streets, highways, railways, airports or other ways of travel or conveyance.

C. Whoever shall be injured in his employment, business or property by reason of any violation of this section shall recover the actual damages by him sustained as a result of said violation and such punitive or exemplary damages as the court or jury may allow.

D. Any person or persons may be restrained by injunction from doing any of the acts prohibited by this section without regard to the conditions and restrictions set forth in Sections 50-3-1 and 50-3-2 NMSA 1978.

History: 1953 Comp., § 59-13-2, enacted by Laws 1959, ch. 26, § 2.

"Person" to include labor organizations. — "Person" being inclusive, rather than exclusive, and its meaning including bodies of persons as well as individuals, union defendants are subject to this section as a labor organization is included within the word "person." Gonzales v. Oil, Chem. & Atomic Workers Int'l Union, 1966-NMSC-211, 77 N.M. 61, 419 P.2d 257.

Jurisdiction over claim of violence. — Claim of statutory violation based on violence or threats of violence is a claim over which the trial court has jurisdiction. Gonzales v. Oil, Chem. & Atomic Workers Int'l Union, 1966-NMSC-211, 77 N.M. 61, 419 P.2d 257.

Jurisdiction based on involved conduct. — The proposed distinction between a common law tort and a statutory violation is without merit. The conduct involved is the basis for jurisdiction. Gonzales v. Oil, Chem. & Atomic Workers Int'l Union, 1966-NMSC-211, 77 N.M. 61, 419 P.2d 257.

State jurisdiction generally. — Contention that the portion of this section relating to violence or threats of violence cannot be given effect by New Mexico courts because that portion is "arguably subject" to 29 U.S.C. §§ 157, 158, and therefore that the New Mexico courts have no jurisdiction because the section poses a potential conflict with federal statutes, is incorrect as state jurisdiction in these situations is not overridden in the absence of clearly expressed congressional direction. Gonzales v. Oil, Chem. & Atomic Workers Int'l Union, 1966-NMSC-211, 77 N.M. 61, 419 P.2d 257.

Federal labor law preemptive. — New Mexico courts cannot give effect to those portions of this section authorizing damages for peaceful activities in connection with a labor dispute where federal labor law is applicable as its jurisdiction over such activities is preempted by federal labor law. Gonzales v. Oil, Chem. & Atomic Workers Int'l Union, 1966-NMSC-211, 77 N.M. 61, 419 P.2d 257.

Access of customers may not be obstructed. — The provisions of Subsection B which prohibit the obstruction of the access of other employees to a place of employment also apply to the access of customers. PTA Sales, Inc. v. Retail Clerks Local 462, 1981-NMSC-089, 96 N.M. 581, 633 P.2d 689.

Injunction limiting area picketed and number of pickets authorized. — An injunction which limits the number of pickets allowed, confines the area in which they may present themselves, and keeps them out of any place in which they would impede, albeit peacefully, foot traffic and access to a place of business is within the subject matter jurisdiction of a court under Subsection D. PTA Sales, Inc. v. Retail Clerks Local 462, 1981-NMSC-089, 96 N.M. 581, 633 P.2d 689.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 48 Am. Jur. 2d Labor and Labor Relations § 700 et seq.

Validity of statute or ordinance against picketing, 35 A.L.R. 1200, 108 A.L.R. 1119, 122 A.L.R. 1043, 125 A.L.R. 963, 130 A.L.R. 1303.

Unfair labor practice, within National Labor Relations Act or similar state statute, predicated upon statements or acts by employees not expressly authorized by employer, 146 A.L.R. 1062.

Conduct of employees or labor union as unfair labor practice within labor relations acts, 149 A.L.R. 464.

State criminal prosecutions of union officer or member for specific physical threats to employer's property or person, in connection with labor dispute - modern cases, 43 A.L.R.4th 1141.

Settlement of unfair labor practice cases, 14 A.L.R. Fed. 25.

Union discipline for crossing picket line as unfair labor practice, 47 A.L.R. Fed. 669, 72 A.L.R. Fed. 330.

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.

Refusal of NLRB to file unfair labor practice complaint as subject to review in independent suit in federal district court, 69 A.L.R. Fed. 870.

Existence and nature of employer's obligation to remedy unfair labor practices committed by predecessor - modern cases, 102 A.L.R. Fed. 575.

Damages for allegedly wrongful interference with employment rights as received "on account of personal injuries," so as to be excludible from income tax under 26 USCS § 104(a)(2), 106 A.L.R. Fed. 321.

Construction of freedom of speech and assembly provisions of § 101(a)(2) of Labor-Management Reporting and Disclosure Act of 1959 (29 USCS § 411(a)(2)), included in bill of rights of member of labor organizations, 143 A.L.R. Fed. 1

Preemption of state law wrongful discharge claim, not arising from whistleblowing, by § 541(a) of Employee Retirement Income Security Act of 1974 (29 U.S.C.A. § 1144(a)), 176 A.L.R. Fed. 433.

51A C.J.S. Labor Relations §§ 267, 341 to 348; 51B C.J.S. Labor Relations §§ 811 to 821, 1343.