The City of Albuquerque's Labor Management Relations Board--currently comprised of the Labor and Management appointments, Justin Lesky and Barbara Stephenson respectively--met today at 9:00 a.m. at the Mesa Del Sol Building, but were unable to reach a decision on the neutral appointment. The Labor rep is looking for a candidate with specific labor experience, while the Management rep appears to be looking for a candidate who has a track record representing both sides of the table in either labor or employment matters.
The Labor Board considered five recommendations, two proposed by labor and three proposed by management. Labor proposed myself and Juan B. Montoya, recently retired Director of the Public Employee Labor Relations Board (PELRB). Of the two of us, only I was present to introduce myself and respond to questions from the Board. I emphasized my many years of experience as a labor neutral, and my work in in digesting and compiling the decisions of various local boards, including the Albuquerque Board.
Management recommended Bill Riordan, Mark Jarmie and Jeff Baker. Bill Riordan is an ex-Supreme Court Justice and ex-District Court Judge, and currently serves occasionally as a mediator, including in at least some employment matters. Mark Jarmie has a fair amount of employment experience, but little labor experience and has defended the City in the past. Jeff Baker also has some employment experience, but also has little labor experience, and has defended the City in the past, as well as various Police Department employees. However, he stated he as done "some" mediation and court-appointed arbitrations. (He did not indicate if these were the same mandatory, and largely unpaid arbitration appointments that apply to all of us attorneys who are in good standing for at least five years, under Local Rule 2-603.) Of the three management recommendations, only Mr. Baker eventually appeared for questions, at 9:45.
After interviewing Mr. Baker, Mr. Lesky and Ms. Stephenson publicly discussed the recommendations. Mr. Lesky stated that what he was "looking for" was neutral experience and experience in the specific field of labor experience. While Mr. Baker had earlier stated that he did not agree the two areas of law, employment and labor, are necessarily distinct, Mr. Lesky observed otherwise. From a practioner's standpoint, Mr. Lesky is correct in noting that the fields are quite distinct, and labor law is rife with arcane and frequently counter-intuitive legal terms and concepts. Based on the lack of labor experience of all the management representatives, and lack of neutral experience of all by Mr. Riordon, Mr. Lesky recommended my appointment.
In contrast, Ms. Stephenson said she recommended the three management recommendations, despite their lack of labor knowledge or experience, and the lack of neutral experience of two. She stated she could not recommend Mr. Montoya currently, because he is still being considered for employment by the PELRB. (The PELRB anticipates making its decision on a new Director on May 25; under the City--or any other state or local labor--ordinance, a public employee is barred from service on the relevant labor board.) Ms. Stephenson stated she could not recommend me, however, because of my disclosed contract with the City to provide mediation services.
In my interview, I had disclosed that approximately a month ago I was offered a contract to provide mediation services on two panels--one for employment and community related disputes, and one for land use disputes. I declined to turn down that contract--a girl and a business do have to survive and earn an income, after all--but stressed that the contract was to provide neutral services and that, in doing so, I represent neither the City nor any other party to the mediations. Rocky Gutierrez with AFSCME and Mr. Lesky indicated that they did not see a conflict with my concurrent service on the Labor Board provided that I recused myself on any given matters if necessary and appropriate.
Nonetheless, Ms. Stephenson still had grave reservations. While I do not agree with her reservations, because I do not agree there is an inherent conflict, I do understand where she is coming from. Recall that only a month or so ago, she was essentially publicly chastised for having recommended the name of a lawyer who in actively involved in suing the City, as discussed in a prior blog. Thus, it is not surprising that she is now a little gun shy. Ms. Stephenson also stated that she could consider Mr. Montoya after May 25, if he is not hired to the PELRB at that time.
Both members expressed dissatisfaction with each others' recommendations, and with the continued delay in getting to business. I was called to mind the recent remarks of Wayne Bingham--a member of the PELRB, Rio Rancho Schools and Albuquerque-Bernalillo County Water Utility Authority labor boards--that the City is currently one of the most "dysfunctional" local labor boards because of its inability to appoint a full board. This state of affairs is likely frustrating, and saddening to many, in light of the City Board's 3 1/2 year back log of cases. However, these things sometimes just take time, patience and finesse, and blame often cannot be laid at anyone's door. It just is what it is.
I wish the Board the best of luck in filling their neutral position, and then expeditiously resolving the various pending matters.
If you are interested in neutral services such as arbitration, mediation or contract ALJ services, in labor/employment or other areas of the law, please contact Pilar Vaile, P.C. at (505) 247-0802, or info@pilarvailepc.com.
