This chapter may be cited as the "Otero County Labor Management
Relations Ordinance."
The purpose of this chapter is to guarantee employees the right
to organize and bargain collectively with their employer; to protect
the rights of the employer and the employees; to promote harmonious
and cooperative relationships between the employer and the employees;
and to acknowledge the obligation of the employer and the employees
to provide orderly and uninterrupted services to the citizens.
As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The Otero County Labor Management Relations Board.
CERTIFICATION
The designation by the Board of a labor organization as the
exclusive representative for all employees in an appropriate bargaining
unit.
COLLECTIVE BARGAINING
The act of negotiating between the employer and an exclusive
representative for the purpose of entering into a written agreement
regarding wages, hours, and other terms and conditions of employment.
CONFIDENTIAL EMPLOYEE
A person who devotes a majority of his/her time to assisting
and acting in a confidential capacity with respect to a person who
formulates, determines, and effectuates management policies.
EMERGENCY
A one-time crisis that was unforeseen and unavoidable.
EMPLOYEE
A regular, nonprobationary employee of the Otero County.
EXCLUSIVE REPRESENTATIVE
A labor organization that, as a result of certification by
the Board, represents all employees in an appropriate bargaining unit
for the purposes of collective bargaining.
FAIR SHARE
The payment to a labor organization which is the exclusive
representative for an appropriate bargaining unit by an employee of
that bargaining unit who is not a member of that labor organization
equal to a certain percentage of membership dues. Such figure is to
be calculated based on United States and New Mexico statutes and case
law identifying those expenditures by a labor organization which are
permissibly chargeable to all employees in the appropriate bargaining
unit under United States and New Mexico statutes and case law, including,
but not limited to, all expenditures incurred by the labor organization
in negotiating the contract applicable to all employees in the appropriate
bargaining unit, servicing such contract, and representing all such
employees in grievances and disciplinary actions.
IMPASSE
Failure of the employer and an exclusive representative,
after good faith bargaining, to reach agreement in the course of negotiating
a collective bargaining agreement.
LABOR ORGANIZATION
Any employee organization one of whose purposes is the representation
of public employees in collective bargaining and in otherwise meeting,
consulting, and conferring with employers on matters pertaining to
employment relations.
LOCKOUT
An act by the employer to prevent its employees from going
to work for the purpose of resisting demands of the employees'
exclusive representative or for the purpose of gaining a concession
from the exclusive representative.
MANAGEMENT EMPLOYEE
An employee who is engaged primarily in executive and management
functions and is charged with the responsibility of developing, administering,
or effectuating management policies. An employee shall not be deemed
a management employee solely because the employee participates in
cooperative decisionmaking programs on an occasional basis.
MEDIATION
Assistance by an impartial third party to resolve an impasse
in contract negotiation between the employer and an exclusive representative
through interpretation, suggestion, and advice.
PROFESSIONAL EMPLOYEE
An employee whose work is predominantly intellectual and
varied in character and whose work involves the consistent exercise
of discretion and judgment in its performance and requires knowledge
of an advanced nature in a field of learning customarily requiring
specialized study at an institution of higher education or its equivalent.
The work of a professional employee is of such character that the
output or result accomplished cannot be standardized in relation to
a given period of time.
STRIKE
An employee's refusal, in concerted action with other
employees, to report for duty or his willful absence or withholding
of service in whole or in part from the full, faithful, and proper
performance of the duties of employment for the purpose of inducing,
influencing, or coercing a change in the working conditions, compensation,
rights, privileges, or obligations of employment.
SUPERVISOR
An employee who devotes a majority amount of work time to
supervisory duties, who customarily and regularly directs the work
of two or more other employees, and who has the authority in the interest
of the employer to hire, promote, or discipline other employees or
to recommend such actions effectively. This definition does not include
individuals who perform merely routine, incidental, or clerical duties
or who occasionally assume supervisory or directory roles or whose
duties are substantially similar to those of their subordinates and
does not include lead employees or employees who occasionally participate
in peer review or evaluation of employees.
Employees, other than management, supervisory, confidential,
and probationary employees, may form, join, or assist any labor organization
for the purpose of collective bargaining through a representative
chosen by the employees without interference, restraint, or coercion.
Employees also have the right to refuse to form, join, or assist any
labor organization.
Unless limited by the provisions of a collective bargaining
agreement or by other statutory provision, the employer's rights
shall include, but are not limited to, the following:
A. To direct the work of, hire, promote, assign, transfer, demote, suspend,
discharge, or terminate public employees;
B. To determine qualifications for employment and the nature and content
of personnel examinations;
C. To take actions as may be necessary to carry out the mission of the
employer in emergencies; and
D. The employer retains all rights not specifically limited by a collective
bargaining agreement or by the Public Employee Bargaining Act.
A labor organization that has been certified by the Board as
the exclusive representative for employees in an appropriate bargaining
unit shall represent all employees in the bargaining unit. The exclusive
representative shall act for all employees in the bargaining unit
and negotiate a collective bargaining agreement covering all employees
in the bargaining unit. The exclusive representative shall represent
the interests of all employees in the bargaining unit without discrimination
or regard to membership or nonmembership in the labor organization.
The existence of an exclusive bargaining representative shall not
prevent employees from taking their grievances through the grievance
process or filing prohibited practices with the Board. Any settlement
of a grievance or relief given on a prohibited practice brought by
an individual shall not be inconsistent with or in violation of the
collective bargaining agreement in effect between the employer and
the exclusive representative or inconsistent with or in violation
of a memorandum of understanding between the employer and the exclusive
representative applicable to the day-to-day administration of the
collective bargaining agreement. The exclusive representative shall
be afforded the opportunity to be present at such hearings and make
its views known.
All collective bargaining agreements and other agreements between
the employer and exclusive representative are valid and enforceable
according to their terms when entered into in accordance with the
provisions of this chapter.