Employer Polling -- Criteria and Standards

As a neutral third party familiar with collective bargaining matters and representation election procedures, I am periodically contracted to conduct employer pollings, to ascertain whether or not a majority of its employees continue to desire union representation. The first time I was asked to conduct a polling, I was obligated as a neutral to satisfy myself that polling is not illegal or otherwise improper in New Mexico as a general matter.  As is common, there was no New Mexico case law on point.  However, the federal courts and the National Labor Relations Board (NLRB) have reviewed the matter in a number of cases, and I will outline the results of my research here.  

PELRB Watch and Other NM Labor News

Governor Wins Battle on Labor Board Appointment

The most significant recent PELRB-related news, is that the Supreme Court declined to review District Court Judge Nan Nash's decision that Governor Martinez could appoint the so called "labor representative" upon recommendation of any New Mexico labor organization, not just the biggies, AFSCME Council 18 or CWA Local  7076.  See Albuquerque Journal, Gov. Wins Labor Battle, Mar. 14, 2012.

As readers may recall, I had previously been critical of the underlying reasoning in a state Supreme Court ruling that the Governor's removal power is severely limited as to the PELRB.  See AFSCME v. Martinez, 2011-NMSC-018. To me, the decision appeared

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. 

NM Labor Boards - Updates

Some days I feel like--in the words of my youngest son's hero, Buzz Lightyear--"I have landed on a strange planet."  Nowhere is that feeling stronger these days than when considering the current state of the Albuquerque and New Mexico Labor boards, and their various travails.