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.
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.
A New Labor Representative
Member Bartosiewicz hales from Clovis, where he was a Deputy Chief of Police before retiring. Pursuant to PEBA, he was appointed by Governor Martinez upon recommendation of "labor"--specifically, upon recommendation of the Clovis Fraternal Order of Police (FOP). An AFSCME representative, Connie Durr, stood up at that point to declare--a wee bit before the "Public Comments" Agenda Item-- that "we" (the Board, AFSCME or the "public"?--it was not clear) had already "went down this road," and the State Supreme Court has established that it is "Labor's legal right" to pick the PELRB's labor representative.
In response, Member Wayne Bingham stated that he took the representations of Member Bartosiewicz--that he had been appointed by the Governor upon a labor union's recommendation--as stated. Indeed, why should we question it--what sick fellow would just show up, without any authority or direction whatsoever, only to be treated with such disdain by a group of total strangers?? However, I read AFSCME's complaint to be more basic: that it, or perhaps some other select labor union's representing a sizable "market share" of public employees, or a committee comprised of members of the same, are entitled to hand select the PELRB's labor representative notwithstanding the language of the PEBA.
Next, Andy Lotrich of the N.M. Federation of Teachers-AFT asked Member Bartosiewicz to recuse himself from and refrain from hearing or voting on any matters, on grounds that all of the unions would be filing a joint suit to overturn his appointment as being in violation of AFSCME et al v. Hon. Susana Martinez, Governor, 2011-NMSC-018. A number of chuckles (and even derisive snorts) could be heard at this request. Member Bingham only smiled, shook his head nearly imperceptibly, and observed that "he can vote if he wants to."
For a discussion concerning the plain language of PEBA's appointment and recommendation authority, see another prior blog. Notably, PEBA does not follow the lead of the older Albuquerque Labor-Management Relations Ordinance, which expressly provides for appointment by the labor representative upon recommendation of a committee comprised of members of labor actively engaged in representing the relevant public employees. See Albuquerque Ordinance, § 3-2-15. Nonetheless, Fred Mowrer argued to the author, while the Board was later in executive session, that the Legislature had not intended what occurred here. Be that as it may, as we all know, we do not even get to examine "legislative intent" unless statutory language is ambiguous. Moreover, here the result is not "absurd," given that the State had an example--in the City Ordinance--of how to frame its statute if it desired results similar to that of the City. It could be that the State was trying to avoid the type of internecine union wars we appear to be on the brink of, as various unions declare themselves the best fit to make the ultimate choice of representative for all public sector employees.
A New Director
Next, the Board went into executive session, for quite some time, to consider the hiring of a new Director. As I wrote previously in a number of blogs, Director Montoya was ineligible for rehire under PERA's new amendments designed to target "double dipping."
In a surprise move, to me at least, the Board returned from executive session to summarily offer the position to labor attorney Tom Griego effective August 23, 2011, who accepted the offer. I had anticipated in my last blog on the subject that the Board would simply rehire Juan Montoya, since he would now be eligible under the amended PERA provisions.
As I've also previously written, Mr. Griego is a curious choice to me because of his recent and strong labor advocate background. It would seem to me that any management party or representative who had recently appeared against Mr. Griego would seek to have him disqualified under ordinary standards of labor neutrality. This could only result in the further delay in processing a variety of labor matters. Additionally, when I was a hearing examiner for the PELRB, I found Juan Montoya and Tom Griego to be more or less interchangeable (six of one, half dozen the other) in terms of work ethic, organization, drive and knowledge of the law.
But, given that Mr. Griego was also recently recommended by the management representative of the City Labor Board to serve as that Board's neutral, perhaps Mr. Griego's commitment to labor is not as entrenched as I've previously assumed. Mr. Griego himself seemed uncertain of the future, responding to congratulations by saying "We''ll see if I'm still here in six months," or words to that effect. Maybe at the end of the day the PELRB just wanted a fresh face, any fresh face, to sever what some might have seen as the PELRB's historical ties to the Richardson administration.
Since the Board conducted its discussions concerning the Directorship in executive session, and made no public comments prior to offering the position to Mr. Griego, we may never know the motivations behind these trends. But it is all rather curious and I'll be interested to see how it all plays out.
What of the City Labor Board?
Second, speaking of the City Labor Board, I have previously written what a difficult time it has had in filling its membership. It has a backlog of approximately 70-80 cases, which is likely only growing by the day, and Member Griego was only selected with great difficulty after a months long search.
What impact will his move to the State Labor Board have on the Albuquerque Labor Board? We can only presume at this point that it will have as difficult a time filing the neutral spot this time as it did last.
Thus, City employees and management are looking at still further delays and backlogs. For this reason, Mr. Mowrer pointed out that he is still filing matters with the State Board instead of the City Board.
Old Business
Finally, in a day of many confusing signs and signals, it is nice to report that the State Labor Board and representatives of labor and management have successfully conducted and certified the results of the election for the United Mineworkers in Gallup. The Union is reported by the parties to have won by approximately 65% of the vote.
Congratulations to all actors in this result, which was regrettably a very long time int he making.
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.
