[HISTORY: Adopted by the Board of County
Commissioners of Doña Ana County 12-8-2020 by Ord. No. 315-2020.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Code of Conduct — See Ch. 14.
Human resources policies — See Ch. 45.
Travel, per-diem and mileage policies — See Ch. 111.
[1]
Editor's Note: This ordinance also superseded former Ch. 73,
Labor Management Relations, adopted 7-13-2004 by Ord. No. 215-04.
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:
A group of employees designated by the Doña Ana County
Board for the purpose of collective bargaining.
The policymaking body or individual representing a public
employer.
A signed affirmation by a member of an appropriate bargaining
unit designating a particular organization as exclusive representative.
The Doña Ana County Labor Management Relations Board.
The designation by the board of a labor organization as the
exclusive representative for all public employees in an appropriate
bargaining unit.
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.
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.
A one-time crisis that was unforeseen and unavoidable.
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.
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.
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.
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.
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.
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.
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.
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.
Doña Ana County.
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.
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.
A.
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 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
A.
The Labor Management Relations Board created on July 13, 2004, pursuant
to Ordinance number 215-04 shall continue to exist except as provided
in NMSA 1978 §§ 10-7E-10(B) through 10-7E-10(J) (2020).
B.
The Board shall be composed of three members appointed by the Doña
Ana County Commission. One member shall be appointed on the recommendation
of individuals representing labor, one member shall be appointed on
the recommendation of the County Manager, and one member shall be
appointed on the recommendation of the first two appointees.
C.
Board members shall serve for a period of one year with terms. Vacancies
shall be filled in the same manner as the original appointment and
such appointments shall only be made for the remainder of the unexpired
term. A Board member may serve an unlimited number of terms.
D.
During the term of appointment, no Board member shall hold or seek
any other political office or public employment or be an employee
of a union, an organization representing public employees or a public
employer.
A.
The Labor Management Relations Board shall promulgate rules and regulations
necessary to accomplish and perform its functions and duties as established
in the Labor Management Relations Ordinance, including the establishment
of procedures for:
B.
The Labor Management Relations Board shall:
(1)
Hold hearings and make inquiries necessary to carry out its functions
and duties;
(2)
Conduct studies on problems pertaining to employee-employer relations;
(3)
Request information and data from public employers and labor organizations
necessary to carry out its functions and responsibilities; and
(4)
Hire personnel or contract with third parties as the appropriate
governing body deems necessary to assist the Labor Management Relations
Board in carrying out its functions and may delegate any or all of
its authority to those third parties, subject to final review of the
Labor Management Relations Board.
C.
The Labor Management Relations Board may issue subpoenas requiring,
upon reasonable notice, the attendance and testimony of witnesses
and the production of evidence, including books, records, correspondence,
or documents relating to the matter in question. The Labor Management
Relations Board may prescribe the form of subpoena, but it shall adhere
insofar as practicable to the form used in civil actions in the district
court. The Labor Management Relations Board may administer oaths and
affirmations, examine witnesses, and receive evidence.
D.
The Labor Management Relations Board shall decide issues by majority
vote and shall issue its decisions in the form of written orders and
opinions.
E.
The Labor Management Relations Board has the power to enforce provisions
of the Public Employee Bargaining Act[1] and this chapter through the imposition of appropriate
administrative remedies, actual damages related to dues, back pay,
including benefits, reinstatement with the same seniority status that
the employee would have had but for the violation, declaratory or
injunctive relief or provisional remedies, including temporary restraining
orders or preliminary injunctions. No punitive damages or attorney
fees may be awarded by the Labor Management Relations Board.
[1]
Editor’s Note: See NMSA 1978, § 10-7E-1 et seq.
F.
No rule or regulation promulgated by the Labor Management Relations
Board shall require, directly or indirectly, as a condition of continuous
employment, any employee covered by the Labor Management Relations
Ordinance to pay money to any labor organization that is certified
as an exclusive representative.
B.
The Board shall adopt rules setting forth procedures to be followed
during hearings of the Board. Such rules shall meet minimal due process
requirements of the state and federal constitutions.
C.
The Labor Management Relations Board may appoint a hearing examiner
to conduct any adjudicatory hearing authorized by Labor Management
Relations Board. At the conclusion of the hearing, the examiner shall
prepare a written report, including findings and recommendations,
all of which shall be submitted to the Labor Management Relations
Board for its decision.
D.
A rule proposed to be adopted by the Labor Management Relationship
Board that affects a person or governmental entity outside of the
Labor Management Relations Board and its staff shall not be adopted,
amended or repealed without public hearing and comment on the proposed
action before the Labor Management Relations Board. The public hearing
shall be held after notice of the subject matter of the rule, 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 by which copies of the proposed rule, proposed amendment or
repeal of an existing rule may be obtained. All meetings shall be
held in Sandoval County. Notice shall be published once at least 30
days prior to the hearing date in a newspaper of general circulation
in Sandoval 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.
E.
All adopted rules shall be filed in accordance with applicable state
statutes.
F.
A verbatim record made by electronic or other suitable means shall
be made of every rulemaking and adjudicatory hearing. The record shall
not be transcribed unless required for judicial review or unless ordered
by the Board or local board.
A.
The Labor Management Relations Board shall, upon receipt of a petition
for a representation election filed by a labor organization, designate
the appropriate bargaining unit. Appropriate bargaining units shall
be established on the basis of occupational groups or 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, corrections,
firefighters, and police officers. Department, craft, or trade designations
other than as specified above shall not determine bargaining units.
The parties, by mutual agreement and approval of the Board, may further
consolidate occupational groups. The essential factors in determining
appropriate bargaining units shall include the principles of efficient
administration of government, the history of collective bargaining,
and the assurance to employees of their rights guaranteed by the ordinance.
B.
If the labor organization and the employer cannot agree on the appropriate
bargaining unit within 30 days, the Labor Management Relations Board
shall hold a hearing concerning the composition of the bargaining
unit. Any agreement as to the appropriate bargaining unit between
the employer and the labor organization is subject to the approval
of the Labor Management Relations Board.
C.
The Labor Management Relations Board shall not include in any appropriate
bargaining unit, probationary, supervisory, managerial, or confidential
employees.
D.
Jobs included within a bargaining unit pursuant to the Doña
Ana County labor management relations ordinance in effect on January
1, 2020 shall remain in that bargaining unit after enactment of this
chapter unless otherwise removed by the Labor Management Relations
Board in accordance with its rules governing unit clarification.
A.
Whenever, in accordance with rules prescribed by the Labor Management
Relations Board, a petition is filed by a labor organization containing
the signatures of at least 30% of the public employees in an appropriate
bargaining unit, the Board or local board shall conduct a secret ballot
representation election to determine whether and by which labor organization
the public employees in the appropriate bargaining unit shall be represented.
Upon acceptance of a valid petition, the Labor Management Relations
Board shall require Doña Ana County to provide the labor organization
within 10 business days the names, job titles, work locations, home
addresses, personal email addresses and home or cellular telephone
numbers of any public employee in the proposed bargaining unit. This
information shall be kept confidential by the labor organization and
its employees or officers. The ballot shall contain the name of any
labor organization submitting a petition containing signatures of
at least 30% of the public employees in the appropriate bargaining
unit. The ballot shall also contain a provision allowing public employees
to indicate whether they do not desire to be represented by a labor
organization. An election shall only be valid if 40% of the eligible
employees in the bargaining unit vote in the election.
B.
Once a labor organization has filed a valid petition calling for a representation election, other labor organizations may seek to be placed on the ballot. Such an organization shall file a petition containing the signatures of not less than 30% of the public employees in the appropriate bargaining unit no later than 10 days after the Labor Management Relations Board and the public employer post a written notice that the petition in Subsection A of this section has been filed by a labor organization.
C.
As an alternative to the provisions of Subsection A of this section, a labor organization with a reasonable basis for claiming to represent a majority of the employees in an appropriate bargaining unit may submit authorization cards from a majority of the employees in an appropriate bargaining unit to the Labor Management Relations Board, which shall, upon verification that a majority of the employees in the appropriate bargaining unit have signed valid authorization cards, certify the labor organization as the exclusive representative of all public employees in the appropriate bargaining unit. The employer may challenge the verification of the Labor Management Relations Board; the Labor Management Relations Board shall hold a fact-finding hearing on the challenge to confirm that a majority of the employees in the appropriate bargaining unit have signed valid authorization cards.
D.
If a labor organization receives a majority of votes cast, it shall
be certified as the exclusive representative of all public employees
in the appropriate bargaining unit. Within 15 days of an election
in which no labor organization receives a majority of the votes cast,
a runoff election between the two choices receiving the largest number
of votes cast shall be conducted. The Labor Management Relations Board
shall certify the results of the election, and, when a labor organization
receives a majority of the votes cast, the Labor Management Relations
Board shall certify the labor organization as the exclusive representative
of all public employees in the appropriate bargaining unit.
E.
An election shall not be conducted if an election or runoff election has been conducted in the twelve-month period immediately preceding the proposed representation election. An election shall not be held during the term of an existing collective bargaining agreement, except as provided in § 73-13 herein.
A.
A labor organization that has been certified by the Labor Management
Relations Board as representing the public employees in the appropriate
bargaining unit shall be the exclusive representative of all public
employees in the appropriate bargaining unit. The exclusive representative
shall act for all public employees in the appropriate bargaining unit
and negotiate a collective bargaining agreement covering all public
employees in the appropriate bargaining unit. The exclusive representative
shall represent the interests of all public employees in the appropriate
bargaining unit without discrimination or regard to membership in
the labor organization. A claim by a public employee that the exclusive
representative has violated this duty of fair representation shall
be forever barred if not brought within six months of the date on
which the public employee knew, or reasonably should have known, of
the violation.
B.
This section does not prevent a public employee, acting individually,
from presenting a grievance without the intervention of the exclusive
representative. At a hearing on a grievance brought by a public employee
individually, the exclusive representative shall be afforded the opportunity
to be present and make its views known. An adjustment made shall not
be inconsistent with or in violation of the collective bargaining
agreement then in effect between the public employer and the exclusive
representative.
C.
Doña Ana County shall provide an exclusive representative
of an appropriate bargaining unit reasonable access to employees within
the bargaining unit, including the following:
(1)
For purposes of newly hired employees in the bargaining unit, reasonable
access includes:
(a)
The right to meet with new employees, without loss of employee
compensation or leave benefits; and
(b)
The right to meet with new employees within 30 days from the
date of hire for a period of at least 30 minutes but not more than
120 minutes, during new employee orientation or, if the public employer
does not conduct new employee orientations, at individual or group
meetings.
(2)
For purposes of employees in the bargaining unit who are not new
employees, reasonable access includes:
(a)
The right to meet with employees during the employees'
regular work hours at the employees' regular work location to
investigate and discuss grievances, workplace-related complaints and
other matters relating to employment relations; and
(b)
The right to conduct meetings at the employees' regular
work location before or after the employees' regular work hours,
during meal periods and during any other break periods.
D.
Doña Ana County shall permit an exclusive representative to
use the public employer's facilities or property, whether owned
or leased by the employer, for purposes of conducting meetings with
the represented employees in the bargaining unit. An exclusive representative
may hold the meetings described in this section at a time and place
set by the exclusive representative. The exclusive representative
shall have the right to conduct the meetings without undue interference
and may establish reasonable rules regarding appropriate conduct for
meeting attendees.
E.
The meetings described in this section shall not interfere with Doña
Ana County operations.
F.
If Doña Ana County has the information in its records, Doña
Ana County shall provide to the exclusive representative, in an editable
digital file format agreed to by the exclusive representative, the
following information for each employee in an appropriate bargaining
unit:
G.
Doña Ana County shall provide the information described in Subsection F of this section to the exclusive representative within 10 days from the date of hire for newly hired employees in an appropriate bargaining unit, and every 120 days for employees in the bargaining unit who are not newly hired employees. The information shall be kept confidential by the labor organization and its employees or officers. Apart from the disclosure required by this subsection, and notwithstanding any provision contained in the Inspection of Public Records Act,[1] the public employer shall not disclose the information described in Subsection F of this section, or public employees' dates of birth or social security numbers to a third party.
[1]
Editor's Note: See NMSA 1978, § 14-2-4 et seq.
H.
An exclusive representative shall have the right to use the electronic
mail systems or other similar communication systems of a public employer
to communicate with the employees in the bargaining unit regarding:
I.
Nothing in this section prevents Doña Ana County from providing
an exclusive representative access to employees within the bargaining
unit beyond the reasonable access required under this section or limits
any existing right of a labor organization to communicate with public
employees.
A.
A 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 public employees in the appropriate bargaining
unit make a written request to the board for a decertification election.
Decertification elections shall be held in a manner prescribed by
rule of the board. An election shall only be valid if 40% of the eligible
employees in the bargaining unit vote in the election.
B.
When there is a collective bargaining agreement in effect, a request
for a decertification election shall be made to the board no earlier
than 90 days and no later than 60 days before the expiration of the
collective bargaining agreement; provided, however, a request for
an election may be filed at any time after the expiration of the third
year of a collective bargaining agreement with a term of more than
three years.
C.
When, within the time period prescribed in Subsection B of this section, a competing labor organization files a petition containing signatures of at least 30% of the public employees in the appropriate bargaining unit, a representation election rather than a decertification election shall be conducted.
D.
When an exclusive representative has been certified but no collective
bargaining agreement is in effect, the board shall not accept a request
for a decertification election or an election sought by a competing
labor organization earlier than 12 months subsequent to a labor organization's
certification as the exclusive representative.
A.
Except for retirement programs provided pursuant to the Public Employees
Retirement Act[1] public employers and exclusive representatives:
(1)
Shall bargain in good faith on wages, hours and all other terms and
conditions of employment and other issues agreed to by the parties.
However, neither the public employer nor the exclusive representative
shall be required to agree to the proposal or to make a concession;
and
(2)
Shall enter into written collective bargaining agreements covering
employment relations.
[1]
Editor's Note: See NMSA § 10-11-1 et seq.
B.
Entering into a collective bargaining agreement shall not obviate
the duty to bargain in good faith during the term of the collective
bargaining agreement regarding changes to wages, hours and all other
terms and conditions of employment, unless it can be demonstrated
that the parties clearly and unmistakably waived the right to bargain
regarding those subjects. However, no party may be required, by this
provision, to renegotiate the existing terms of collective bargaining
agreements already in place.
C.
In regard to the Public Employees Retirement Act, Doña Ana
County in a written collective bargaining agreement may agree to assume
any portion of a public employee's contribution obligation to
retirement programs provided pursuant to the Public Employees Retirement
Act. Such agreements are subject to the limitations set forth in this
section.
D.
The obligation to bargain collectively shall not be construed as
authorizing Doña Ana County and an exclusive representative
to enter into an agreement that is in conflict with the provisions
of any other statute of this state; provided, however, that a collective
bargaining agreement that provides greater rights, remedies and procedures
to public employees than contained in a state statute shall not be
considered to be in conflict with that state statute. In the event
of an actual conflict between the provisions of any other statute
of this state and an agreement entered into by the public employer
and the exclusive representative in collective bargaining, the statutes
of this state shall prevail.
E.
Payroll deduction of the exclusive representative's membership
dues shall be a mandatory subject of 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. Doña Ana County
shall honor payroll deductions until the authorization is revoked
in writing by the public employee in accordance with the negotiated
agreement and this subsection and for so long as the labor organization
is certified as the exclusive representative. Public employees who
have authorized the payroll deduction of dues to a labor organization
may revoke that authorization by providing written notice to their
labor organization during a window period not to exceed 10 days per
year for each employee. Doña Ana County and the labor organization
shall negotiate when the commencement of that period will begin annually
for each employee. If no agreement is reached, the period shall be
during the 10 days following the anniversary date of each employee's
employment. Within 10 days of receipt of notice from a public employee
of revocation of authorization for the payroll deduction of dues,
the labor organization shall provide notice to the public employer
of a public employee's revocation of that authorization. A public
employee's notice of revocation for the payroll deduction of
dues shall be effective on the 30th day after the notice provided
to the public employer by the labor organization. No authorized payroll
deduction of dues held by Doña Ana County or a labor organization
on July 1, 2020 shall be rendered invalid by this provision and shall
remain valid until replaced or revoked by the public employee. During
the time that a board certification is in effect for a particular
appropriate bargaining unit, the public employer shall not deduct
dues for any other labor organization.
F.
Doña Ana County and a labor organization, or their employees
or agents, are not liable for, and have a complete defense to, any
claims or actions under the law of this state for requiring, deducting,
receiving or retaining fair share dues or fees from public employees,
and current or former public employees do not have standing to pursue
these claims or actions if the fair share dues or fees were permitted
at the time under the laws of this state then in force and paid, through
payroll deduction or otherwise, on or before June 27, 2018. This subsection:
G.
An impasse resolution or an agreement provision by Doña Ana
County and an exclusive representative that requires the expenditure
of funds shall be contingent upon the specific appropriation of funds
by the appropriate governing body and the availability of funds. An
agreement provision by a local school board and an exclusive representative
that requires the expenditure of funds shall be contingent upon ratification
by the appropriate governing body. An arbitration decision shall not
require the re-appropriation of funds.
H.
An 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. The final determination shall
constitute an arbitration award within the meaning of the Uniform
Arbitration Act;[2] such award shall be subject to judicial review pursuant
to the standard set forth in the Uniform Arbitration Act. The costs
of an arbitration proceeding conducted pursuant to this subsection
shall be shared equally by the parties.
[2]
Editor's Note: See NMSA § 44-7A-1 et seq.
I.
The following meetings shall be closed:
(1)
Meetings for the discussion of bargaining strategy preliminary to
collective bargaining negotiations between Doña Ana County
and the exclusive representative of the public employees of Doña
Ana County;
(2)
Collective bargaining sessions; and
(3)
Consultations and impasse resolution procedures at which the public
employer and the exclusive representative of the appropriate bargaining
unit are present.
A.
The following impasse procedures shall be followed by Doña
Ana County and exclusive representatives:
(1)
If an impasse occurs, either party may request from the Labor Management
Relations 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 shall be assigned by the Labor Management
Relations Board to assist negotiations unless the parties agree to
another mediator; and
(2)
If the impasse continues after a thirty-day mediation period, either party may request a list of seven arbitrators from the federal mediation and conciliation service. One arbitrator shall be chosen by the parties by alternately striking names from such list. Who strikes first shall be determined by coin toss. The arbitrator shall render a final, binding, written decision resolving unresolved issues pursuant to § 73-14 of this chapter and the Uniform Arbitration Act[1] no later than 30 days after the arbitrator has been notified
of selection by the parties. The arbitrator's decision shall
be limited to a selection of one of the two parties' complete,
last, best offer. The costs of an arbitrator and the arbitrator's
related costs conducted pursuant to this subsection shall be shared
equally by the parties. Each party shall be responsible for bearing
the cost of presenting its case. The decision shall be subject to
judicial review pursuant to the standard set forth in the Uniform
Arbitration Act.
[1]
Editor's Note: See NMSA § 44-7A-1 et seq.
B.
Doña Ana County may enter into a written agreement with the
exclusive representative setting forth an alternative impasse resolution
procedure.
C.
In the event that an impasse continues after the expiration of a
contract, the existing contract will continue in full force and effect
until it is replaced by a subsequent written agreement. However, this
shall not require Doña Ana County to increase any employees'
levels, steps or grades of compensation contained in the existing
contract.
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.
A.
An employee, a 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, or national origin;
(2)
Solicit membership for an employee or labor organization during the
employee's duty hours. This does not include the work breaks
or lunch periods;
(3)
Restrain or coerce any employee in the exercise of any right guaranteed
by the provisions of the Labor Management Relations Ordinance;
(4)
Refuse to bargain collectively in good faith with the employer;
(5)
Refuse or fail to comply with any collective bargaining agreement
with the employer. This issue is subject to the required negotiated
grievance procedure negotiated by the parties;
(6)
Refuse or fail to comply with any provision of the Labor Management
Relations Ordinance;
(7)
Picket homes or private businesses of employees, appointed individuals,
or elected officials of Doña Ana County;
(8)
Restrain or coerce the employer in the selection of its agent for
bargaining; or
(9)
Negotiate issues which are the subject of negotiations or make any
offer, commitment, or promise whatsoever to the public employer, 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.
A.
No employee or labor organization shall engage in a strike. No labor
organization shall cause, instigate, encourage, or support a strike.
The employer shall not cause, instigate or engage in an 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.
The Labor Management Relations Board, upon a clear and convincing
showing of proof at a hearing that a labor organization directly caused
or instigated an employee strike, may impose appropriate penalties
on that labor organization, up to and including decertification of
the labor organization with respect to any of its bargaining units
which struck as a result of such causation or instigation. A strike
means 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.
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.
A.
The Board may request the District Court to enforce any order issued
pursuant to the Labor Management Relations Ordinance, including those
for appropriate temporary relief and restraining orders. The Court
shall consider the request for enforcement on the record made before
the Board. The Court shall uphold the action of the Board and take
appropriate action to enforce it unless the Court concludes that the
order is:
B.
Any person or party, including any labor organization, affected by
a final regulation, order, or decision of the Board, may appeal to
the District Court for further relief. All such appeals shall be based
upon the record made at the Board hearing. All such appeals to the
District Court shall be taken within 30 calendar days of the date
of the final regulation, order, or decision of the Board. Actions
taken by the Board shall be affirmed unless the Court concludes that
the action is:
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.
