PELRB to be Sued Again Soon? And What of the Albuquerque Labor Board?

Today I review events at the State and City of Albuquerque labor boards.

First, the PELRB met again today, this time to discuss the replacement of Juan B. Montoya, who had previously be re-hired in violation of the state anti-double dipping laws.  At the same meeting, the PELRB introduced their newest member, Roger Bartosiewicz, who replaced labor representative John Boyd, whose term ended in June of 2011, as I've written in a previous blog.

PELRB Update -- Ex Parte Contacts Alleged and Elections in Limbo

The 7/19/11 PELRB meeting covered a lot of ground. Although I missed some of the meeting, I do still have some news to report, regarding stated agenda items, the proposed re-hire of Juan Montoya, and the AFT/CYFD and United Mineworkers/Gallup representation petition debacles.

AFSCME et al v. Hon. Susana Martinez, Governor, 2011-NMSC-018

Back in April, I wrote that the N.M. Supreme Court had ordered the Governor to reappoint several PELRB members.  That decision was reduced to writing until May 13, and thereafter published in the N.M. Bar Bulletin on June 1. Now that some time has passed and the Board is back to functioning (well, sort of, but that's for another post), I'd like to look at that decision in a little more detail, as I think the decision's reasoning and background raises some serious questions about its fitness.

PELRB News - OMA and PERA Violations Alleged

On June 30, a lively New Mexico Public Employee Labor Relations Board meeting was held in which a State Personnel Office (SPO) representative accused the Board of OMA and PERA violations by the PELRB. 

Employee Deemed Constructively Discharged After Successful Mediation

In a recent employment law case, the New Mexico Court of Appeals affirmed a jury verdict awarding an NMSU employee almost $125,000 in damages for retaliation and constructive discharge claims. The decision was largely unremarkable in its analysis and discussion:  that actions occurring before the statute of limitations can be considered under the continuing violation doctrine; and that the sufficiency of evidence is a high standard of review under which the appellate courts will not substitute their judgment for that of the fact-finder.

Far more intriguing to me, however, what was left unsaid in the decision:  how the Court came to conclude that an employee was constructively discharged in spite of obtaining an apparently successful and agreeable settlement through mediation that altered the original, offenses conditions of employment.

Retaliation Claims Up and Robust, Discrimination/Harassment Claims Struggling

In the June 2011 issue of the ABA Journal, David L. Huston Jr. observes a trend of the U.S. Supreme Court being more favorably inclined to employment retaliation claims, than underlying discrimination claims.  Of all discrimination-related charges filed in 2010, retaliation charges were up to 36.3 percent, from 27.1 percent in 2000.  Some recent retaliation highlights: