This chapter may be cited as the “Santa Fe County Labor Management Relations Chapter” and may be sited herein as “this chapter.”
(Ordinance 1999-11 adopted 9/10/99)
The purpose hereof is to guarantee employees the right to organize and bargain collectively with the county and to promote harmonious and cooperative relationships between the county and its employees and to protect the public interest.
(Ordinance 1999-11 adopted 9/10/99)
In the event of conflict with other county collective bargaining ordinances, the provisions of this chapter shall supersede other collective bargaining previously enacted ordinances.
(Ordinance 1999-11 adopted 9/10/99)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Appropriate bargaining unit.
A group of employees designated by the labor board for the purpose of collective bargaining.
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 county 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 assists and acts in a confidential capacity with respect to a person who formulates, determines and effectuates labor management policies.
Employee.
A regular nonprobationary employee of the county.
Employer.
The county.
Exclusive representative.
A labor organization that, as a result of certification by the labor board, represents all employees in an appropriate bargaining unit for the purposes of collective bargaining.
Fact-finding.
The procedure following mediation whereby the parties involved in an impasse submit their differences to a third party for an advisory recommendation.
Governing body.
The duly elected county commissioners.
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 board.
The county labor management relations board.
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 decision-making 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 a 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 or her 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 substantial 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 the 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 participate in peer review or occasional evaluation of employees.
(Ordinance 1999-11 adopted 9/10/99)
(A) 
Employees, other than management, supervisors and confidential employees may form, join or assist any labor organization for the purpose of collective bargaining through representatives chosen by the employee without interference, restraint or coercion.
(B) 
Employees also have the right to refuse to form, join or assist any labor organization.
(Ordinance 1999-11 adopted 9/10/99)
Unless limited by the provision of a collective bargaining agreement or by other statutory provision, the employer may:
(1) 
Direct the work of, hire, promote, assign, transfer, demote, suspend, discharge or terminate employees;
(2) 
Determine qualifications for employment and the nature and content of personnel examinations;
(3) 
Take actions as may be necessary to carry out the mission of the employer in emergencies; and
(4) 
Retain all rights not specifically limited by a collective bargaining agreement.
(Ordinance 1999-11 adopted 9/10/99)
(A) 
(1) 
The labor management relations board, “labor board,” is hereby created. The labor board shall be composed of three members appointed by the board of county commissioners. The board of county commissioners shall appoint one member, one member shall be appointed on the recommendation of individuals representing labor and one member shall be appointed on the recommendation of the first two appointees.
(2) 
The labor board members shall serve for a period of one year and thereafter until a duly qualified successor is appointed, the terms commencing September 1. Vacancies shall be filled in the same manner as the original appointment and the appointments shall only be made for the remainder of the unexpired term. A labor board member may serve a maximum of three one-year terms.
(3) 
During the term of appointment, no labor board member shall 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.
(4) 
Each labor board member shall be paid per diem and mileage in accordance with the provisions of the Per Diem and Mileage Act.
(B) 
(1) 
The labor board shall promulgate rules and regulations necessary to accomplish and perform its functions and duties as established in this chapter, including the establishment of procedures for:
(a) 
The designation of appropriate bargaining units;
(b) 
The selection, certification and de-certification of exclusive representatives; and
(c) 
The filing of, hearing on and determination of complaints of prohibited practices.
(2) 
The labor board shall:
(a) 
Hold hearings and make inquires necessary to carry out its functions and duties; and
(b) 
Request from employers and labor organizations the information and data necessary to carry out the functions and responsibilities of the labor board.
(3) 
The labor board may request, upon reasonable notice, the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence or documents relating to any matter in question. The board may administer oaths and affirmations, examine witnesses and receive evidence.
(4) 
The labor board shall decide all issues by majority vote and shall issue its decision in the form of written orders and opinions.
(5) 
The labor board has the power to enforce provisions of this chapter, which includes the labor management agreements between parties covered by this chapter, through the imposition of appropriate administrative remedies.
(6) 
The labor board shall have no power to promulgate policy other than for its own operation.
(7) 
No rule or regulation promulgated by the labor board shall require, directly or indirectly, as a condition of continuous employment, any employee covered by this chapter to pay money to any labor organization that is certified as an exclusive representative. This issue shall be left to voluntary bargaining by the parties.
(C) 
(1) 
The labor board may hold hearings for the purpose of:
(a) 
Information gathering and inquiry;
(b) 
Adopting rules and regulations; and
(c) 
Adjudicating disputes and enforcing the provisions of this chapter and rules and regulations adopted pursuant hereto.
(2) 
The labor board shall adopt regulations setting forth procedures to be followed during hearings of the labor board. The regulations shall meet minimal due process requirements of the state and federal constitutions.
(3) 
All adopted rules and regulations shall be filed in accordance with applicable laws.
(4) 
A verbatim record made by electronic or other suitable means shall be made of every rule-making and adjudicatory hearing. The record shall not be transcribed unless required for judicial review or unless ordered by the board. Payment for the transcription shall be made by the party requesting the transcript.
(5) 
Each party to a prohibited labor practice proceeding shall bear the cost of producing its own witnesses for hearings under this chapter.
(6) 
No regulation proposed to be adopted by the labor board that affects any person or governmental entity outside of the labor board and its staff shall be adopted, amended or repealed without public hearing and comment on the proposed action before the labor board. The public hearing shall be held after notice of the subject matter of the regulation, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method in which copies of the proposed regulation, proposed amendment or repeal of an existing regulation may be obtained. All meetings shall be held in the county. Notice shall be published at least 30 days prior to the hearing date in a newspaper of general circulation in the county and notice shall be mailed at least 30 days prior to the hearing date to all persons who have made a written request for advance notice of hearings.
(Ordinance 1999-11 adopted 9/10/99)
(A) 
(1) 
The labor board shall, upon receipt of a petition for a representation election filed by a labor organization, designate the appropriate bargaining unit.
(2) 
Appropriate bargaining units shall be established on the basis of occupational groups with a clear and identifiable community of interest in employment terms, employment conditions and related personnel matters, among the employees involved. Occupational groups shall generally be identified as blue collar, secretarial/clerical, technical, paraprofessional, professional, police, corrections and fire.
(3) 
The parties, by mutual agreement and approval of the labor board, may further consolidate occupational groups.
(4) 
Essential factors in determining appropriate bargaining units shall include the principles of efficient administration of government, the history of collective bargaining with the employer and the assurance to employees of the fullest freedom in exercising the rights guaranteed by this chapter.
(B) 
If the labor organization and the employer cannot agree on the appropriate bargaining unit within 30 days, the labor board shall hold a hearing concerning the composition of the bargaining unit.
(C) 
The labor board shall not include, in any appropriate bargaining unit, supervisory, managerial or confidential employees.
(Ordinance 1999-11 adopted 9/10/99)
(A) 
Whenever, in accordance with regulations prescribed by the labor board, a petition is filed by a labor organization containing the signatures of at least 30% of the employees in an appropriate bargaining unit, the board shall conduct a representation election by secret ballot. The ballot shall contain the names of any labor organization submitting a petition containing signatures of at least 10% of the public employees within the appropriate bargaining unit.
(B) 
Once a labor organization has filed a petition with the labor board calling for a representation election, other labor organizations may seek to be placed on the ballot. Any organization may file a petition containing the signatures of not less than 10% of the employees in the appropriate bargaining unit no later than ten days after the board has posted a written notice that a petition containing the signatures of not less than 30% of the employees has been filed by a labor organization.
(C) 
All representation elections, except run-off elections, shall include the option for “no representation.”
(D) 
(1) 
In the event of an election with two or more organizations on the ballot where none of the choices received a majority of the votes cast, a run-off election shall be held within 15 days.
(2) 
The choices on the run-off election shall consist of the two choices which received the greatest number of votes in the original election.
(E) 
(1) 
Where a majority of the votes cast are in favor of representation by a labor organization and at least 60% of the members of the bargaining unit vote, the labor board shall certify the labor organization as the exclusive representative for all employees in that appropriate bargaining unit.
(2) 
No labor organization shall be certified as an exclusive representative unless at least 60% of the members of the bargaining unit vote in the election.
(F) 
No election shall be conducted if an election has been conducted in the 12-month period immediately preceding the proposed representation election. No election shall be held during the term of an existing collective bargaining agreement, except as provided in section 34.10(B) herein.
(G) 
Election disputes shall be resolved by the labor board.
(H) 
The labor board may establish an alternative procedure for determining majority status. The board shall not certify any appropriate bargaining unit if the county objects to the certification without an election.
(Ordinance 1999-11 adopted 9/10/99)
(A) 
(1) 
A labor organization that has been certified by the labor board as representing the employees in the appropriate bargaining unit shall be the exclusive representative of all employees in the appropriate 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.
(2) 
(a) 
This section does not prevent a public employee, acting individually, from presenting a grievance without the intervention of the exclusive representative.
(b) 
At any hearing on a grievance brought by an employee individually, the exclusive representative shall be afforded the opportunity to be present and make its views known. The labor board will adjudicate disagreements over contract interpretations only when the disagreement is between the employer and the exclusive representative.
(c) 
Any adjustment made shall not be inconsistent with or in violation of the collective bargaining agreement then in effect between the employer and the exclusive representative.
(B) 
(1) 
Any member of a labor organization or the labor organization itself may initiate decertification of a labor organization as the exclusive representative if 30% of the employees in the appropriate bargaining unit make a written request to the labor board for a decertification election. Decertification elections must be held in a manner prescribed by rule of the labor board upon receipt of the written request.
(2) 
When there is a collective bargaining agreement in effect, a request for a decertification election shall be made to the labor board no earlier than 90 days and no later than 60 days before the expiration of the collective bargaining agreement; provided, however, that a request for a decertification election may be filed at any time after expiration of the third year of a collective bargaining agreement with a term of more than three years.
(3) 
When, within the time period prescribed in subsection (B)(2) above, a competing labor organization files a petition containing signatures of at least 30% of the employees in the appropriate bargaining unit, a representation election rather than a decertification election shall be conducted.
(4) 
When an exclusive representative has been certified, but no collective bargaining agreement is in effect, the board shall not accept a request for decertification earlier than 12 months subsequent to a labor organization’s certification as the exclusive representative.
(Ordinance 1999-11 adopted 9/10/99)
(A) 
Except for the retirement program provided under the Public Employees’ Retirement Act, the parties shall bargain in good faith on wages, hours and other terms and conditions of employment and other issues agreed to by the parties.
(B) 
Bargaining in good faith shall not require either party to agree to a proposal or to make a concession.
(C) 
The parties may enter into a written collective bargaining agreement covering employment relations.
(D) 
The obligation to bargain collectively imposed by this chapter shall not be construed as authorizing employers and exclusive representatives to enter into any agreement that is in conflict with state statutes or federal statutes. In the event of conflict between the provision of any federal or state statutes and any agreement entered into by the employer and the exclusive representative, the former shall prevail.
(E) 
(1) 
Payroll deduction of the exclusive representative’s membership dues shall be a mandatory subject of collective bargaining if either party chooses to negotiate the issue. The amount of dues shall be certified, in writing, by an official of the labor organization and shall not include special assessments, penalties or fines of any type. The duty of the employer to honor payroll deductions shall continue until the authorization is revoked, in writing, by the employee, in accordance with the negotiated agreement, as long as the labor organization is certified as the exclusive representative.
(2) 
During the time that a board certification is in effect for a particular appropriate bargaining unit, the employer shall not deduct dues for any other labor organization.
(F) 
Any agreement by the employer and an exclusive representative that requires the expenditure of funds shall be contingent upon the specific appropriation of funds by the governing body and the availability of funds to fund the agreed upon provision.
(G) 
(1) 
Every agreement shall include a grievance procedure to be used for the settlement of disputes pertaining to employment terms and conditions and related personnel matters. The grievance procedure shall provide for a final and binding determination.
(2) 
The final determination shall constitute an arbitration award within the meaning of the Uniform Arbitration Act, NMSA, sections 44-7A-1 to 44-7A-32.
(3) 
The costs of any arbitration proceeding conducted pursuant to this section shall be shared equally by the parties.
(H) 
The following meetings shall be closed:
(1) 
Meetings for the discussion of bargaining strategy preliminary to collective bargaining negotiations between the employer and the exclusive representative of the employees of the employer;
(2) 
Collective bargaining sessions; and
(3) 
Consultations and impasse resolution procedures at which the employer and the exclusive representative of the appropriate bargaining unit are present.
(Ordinance 1999-11 adopted 9/10/99)
The following impasse procedure shall be followed by the employer and the exclusive representative.
(1) 
If an impasse occurs, either party may request from the labor board that a mediator be assigned to the negotiations unless the parties can agree on a mediator. A mediator with the Federal Mediation and Conciliation Service will be assigned by the labor board to assist negotiations unless the parties agree to another negotiator.
(2) 
If the impasse continues after a 60-day mediation period, either party may request from the labor board that a fact-finder be assigned to the negotiations.
(3) 
(a) 
The fact-finder shall conduct hearings and submit written findings to the parties and the labor board.
(b) 
If the parties have not reached agreement within ten days after receipt of the fact-finder’s report, the labor board shall publish the report.
(4) 
The cost of the mediator or the fact-finder shall be borne equally by the parties to the impasse.
(5) 
The employer may enter into a written agreement with the exclusive representative setting forth an alternative impasse resolution procedure.
(Ordinance 1999-11 adopted 9/10/99)
No employer or his or her representative shall:
(1) 
Discriminate against an employee with regard to terms and conditions of employment because of the employee’s membership in a labor organization;
(2) 
Interfere with, restrain or coerce any employee in the exercise of any right guaranteed under this chapter;
(3) 
Dominate or interfere in the formation, existence or administration of any labor organization;
(4) 
Discriminate in regard to hiring or any term or condition of employment in order to encourage or discourage membership in a labor organization;
(5) 
Discharge or otherwise discriminate against an employee because he or she has signed or filed an affidavit, petition, grievance or complaint or given any information or testimony under the provisions of this chapter or because an employee is forming, joining or choosing to be represented by a labor organization;
(6) 
Refuse to bargain collectively in good faith with the exclusive representative;
(7) 
Refuse or fail to comply with any provision of this chapter or labor board regulation;
(8) 
Refuse or fail to comply with any collective bargaining agreement; or
(9) 
Interfere or coerce the labor organization in the selection of its agent for collective bargaining.
(Ordinance 1999-11 adopted 9/10/99 Penalty, see section 10.99)
An employee, labor organization or its representative shall not:
(1) 
Discriminate against an employee with regard to labor organization membership because of race, color, religion, creed, age, disability, sex, national origin or sexual orientation;
(2) 
Use county time, property or equipment for union business other than as provided in a collective bargaining agreement between the parties;
(3) 
Interfere with, restrain or coerce any employee in the exercise of any right guaranteed by the provisions of this chapter;
(4) 
Restrain or coerce any elected official for the purpose of gaining a concession;
(5) 
Refuse to bargain collectively in good faith with the employer;
(6) 
Refuse or fail to comply with any collective bargaining agreement with the employer;
(7) 
Refuse or fail to comply with any provision of this chapter;
(8) 
Picket homes or private businesses of board members, elected officials or employees of the county; or
(9) 
Interfere with or coerce the employer in the selection of its agent for bargaining.
(Ordinance 1999-11 adopted 9/10/99 Penalty, see section 10.99)
(A) 
No public employee or labor organization shall engage in a strike. No labor organization shall cause, instigate, encourage or support a public employee strike. The employer shall not cause, instigate or engage in any public employee lockout.
(B) 
The employer may apply to the district court for injunctive relief to end a strike and an exclusive representative of public employees affected by a lockout may apply to the district court for injunctive relief to end a lockout.
(C) 
Any labor organization that causes, instigates, encourages or supports a public employee strike, walkout or slowdown may be decertified as the exclusive representative for that appropriate bargaining unit by the labor board and shall be barred from serving as the exclusive representative of any bargaining unit of public employees for a period of not more than one year.
(Ordinance 1999-11 adopted 9/10/99)
All collective bargaining agreements and other agreements between the employer and exclusive representatives, in effect June 7, 1999, are valid and enforceable according to their terms when entered into in accordance with the provisions of this chapter.
(Ordinance 1999-11 adopted 9/10/99)
(A) 
The labor board may request that the district court enforce any order issued pursuant to this chapter, including those for appropriate temporary relief and restraining orders. The court shall consider the request for enforcement on the record made by the labor board. The court shall uphold the action of the labor board and take appropriate action to enforce it unless the court concludes that the order is:
(1) 
Arbitrary, capricious or an abuse of discretion;
(2) 
Not supported by substantial evidence on the record taken as a whole; or
(3) 
Otherwise not in accordance with the law.
(B) 
(1) 
Any person or party, including any labor organization, affected by a final regulation, order or decision of the labor board, may appeal to the district court for further relief.
(2) 
(a) 
All appeals shall be based upon the record made at the labor board hearing.
(b) 
All appeals to the district court shall be taken within 30 days of the date of the final regulation, order or decision of the labor board.
(3) 
Actions taken by the labor board shall be affirmed unless the court concludes that the action is:
(a) 
Arbitrary, capricious or an abuse of discretion;
(b) 
Not supported by substantial evidence on the record taken as a whole; or
(c) 
Otherwise not in accordance with the law.
(Ordinance 1999-11 adopted 9/10/99)
(A) 
As of the affective date of this chapter, the following labor organizations are recognized as the exclusive representatives for the different collective bargaining units with the county; the American Federation of State, County and Municipal Employees, AFL-CIO, Local Union 1782, and the Communication Workers of America, Local Union 7911.
(B) 
As of the effective date of this chapter, all existing collective bargaining agreements by and between any and all labor organizations and the county shall remain in full force and effect until their respective expiration dates.
(Ordinance 1999-11 adopted 9/10/99)