NM PELRB and Public Sector Collective Bargaining in Review -- 2010

2010 was an "interesting" year at the New Mexico Public Employee Labor Relations Board, and for public sector collective bargaining in general--calling to mind the ancient and purportedly Chinese curse, "may you live in interesting times."

As some readers may already know, I was one of a small number of "Gov-ex" personnel laid off from the PELRB in January 2010, at which time I started my own neutral practice, Pilar Vaile, P.C.  See http://joemonahansnewmexico.blogspot.com/2009/12/making-list-and-checking-it-twice.html.   Thereafter, in June, Director Juan B. Montoya retired and was replaced by a Federal Mediation and Conciliation (FMCS) retiree, Pam Gentry, who started with the PELRB in or about August, 2010.  Ms. Gentry brings lots of knowledge of federal labor law, and it is clear upon speaking with her for any length of time that she has big ideas for the agency.  Unfortunately, to date, day-to-day operations seem to be suffering a bit.

NM Workers’ Compensation Law Update – 2010

The Workers' Compensation Administration issued a number of interesting opinions that were appealed this year, dealing with the combining of impairments; the analysis for determining whether alcohol use results in a diminution or complete bar to recovery; several cases concerning the extent of and limitation on the WCA's "exclusive remedy;" and WCA jurisdiction over claims arising on property wholly owned and operated by an Indian Tribe.