This chapter may be cited as the "Doña Ana County Labor
Management Relations Ordinance."
The purpose of the Labor Management Relations Ordinance is to
guarantee employees the right to organize and bargain collectively
with their employer, to protect the rights of the employer and the
employees and 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.
In the event of conflict with other Doña Ana County ordinances,
the provisions of the Doña Ana County Labor Management Relations
Ordinance shall supersede other previously enacted ordinances. Doña
Ana County sanctioned rules and regulations, administrative directives,
departmental rules and regulations, and workplace practices shall
control unless there is a conflict with a collective bargaining agreement.
Where a conflict exists, the collective bargaining agreement shall
control.
As used in the Labor Management Relations Ordinance:
AUTHORIZATION CARD
A signed affirmation by a member of an appropriate bargaining
unit designating a particular organization as exclusive representative.
BOARD
The Doña Ana County Labor Management Relations Board.
CERTIFICATION
The designation by the board of a labor organization as the
exclusive representative for all public employees in an appropriate
bargaining unit.
COLLECTIVE BARGAINING
The act of negotiating between a public 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 the person's 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.
EXCLUSIVE REPRESENTATIVE
A labor organization that, as a result of certification,
has the right to represent all public employees in an appropriate
bargaining unit for the purposes of collective bargaining.
IMPASSE
Failure of a public employer and an exclusive representative,
after good- faith bargaining, to reach agreement in the course of
negotiating a collective bargaining agreement.
LABOR ORGANIZATION
An 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 or whose fiscal responsibilities
are routine, incidental or clerical.
MEDIATION
Assistance by an impartial third party to resolve an impasse
between a public employer and an exclusive representative regarding
employment relations 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.
PUBLIC EMPLOYEE
A regular nonprobationary employee of Doña Ana County;
and includes those employees whose work is funded in whole or in part
by grants or other third-party sources.
STRIKE
A public employee's refusal, in concerted action with
other public employees, to report for duty or the willful absence
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 conditions, compensation, rights, privileges
or obligations of public employment.
SUPERVISOR
An employee who devotes a majority 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, but "supervisor" does not include an individual
who performs merely routine, incidental or clerical duties or who
occasionally assumes a supervisory or directory role or whose duties
are substantially similar to those of the individual's subordinates
and does not include a lead employee or an employee who participates
in peer review or occasional employee evaluation programs.
Unless limited by the provisions of a collective bargaining
agreement or by other statutory provision, the employer may:
A. Direct the work of, hire, promote, assign, transfer, demote, suspend,
discharge, or terminate public employees;
B. Determine qualifications for employment and the nature and content
of personnel examinations;
C. Take actions as may be necessary to carry out the mission of the
employer in emergencies; and
D. Retain all rights not specifically limited by a collective bargaining
agreement or by the Public Employee Bargaining Act.
Doña Ana County or its representative shall not:
A. Discriminate against an employee with regard to terms and conditions
of employment because of the employee's membership in a labor
organization;
B. Interfere with, restrain, or coerce any employee in the exercise
of any right guaranteed under the Labor Management Relations resolution
or use public funds to influence the decision of its employees or
the employees of its subcontractors regarding whether to support or
oppose a labor organization that represents or seeks to represent
those employees, or whether to become a member of any labor organization;
provided, however, that this subsection does not apply to activities
performed or expenses incurred:
(1) Addressing a grievance or negotiating or administering a collective
bargaining agreement;
(2) Allowing a labor organization or its representatives access to Doña
Ana County facilities or properties;
(3) Performing an activity required by federal or state law or by a collective
bargaining agreement;
(4) Negotiating, entering into or carrying out an agreement with a labor
organization;
(5) Paying wages to a represented employee while the employee is performing
duties if the payment is permitted under a collective bargaining agreement;
or
(6) Representing Doña Ana County in a proceeding before the board
or a local board or in a judicial review of that proceeding.
C. Dominate or interfere in the formation, existence or administration
of a labor organization;
D. Discriminate in regard to hiring, tenure or a term or condition of
employment in order to encourage or discourage membership in a labor
organization;
E. Discharge or otherwise discriminate against a public employee because
the employee has signed or filed an affidavit, petition, grievance
or complaint or given information or testimony pursuant to the provisions
of this chapter or because a public employee is forming, joining or
choosing to be represented by a labor organization;
F. Refuse to bargain collectively in good faith with the exclusive representative;
G. Refuse or fail to comply with a provision of this chapter or board
rule;
H. Refuse or fail to comply with a collective bargaining agreement;
or
I. Negotiate issues which are the subject of negotiations or make any
offer, commitment, or promise whatsoever to employees or the exclusive
representative, other than through the appointed negotiating team.
It is the intent of this language that the integrity of the negotiating
process be maintained. All negotiations and concessions shall occur
only between the respective appointed negotiating teams.
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 Labor Management Relations Ordinance.
If any part or application of the Doña Ana County Labor
Management Relations Ordinance is held invalid, the remainder or its
application to other situations or persons shall not be affected.
The effective date of the Doña Ana County Labor Management
Relations Ordinance is December 8, 2020.