Public Sector Woes Part III: Public Sector CBAs & Unilateral Change

As readers may know, I have been doing a series of reviews/commentaries based on the Winter 2012 ABQ Journal of Labor & Employment Law, which is largely devoted to the recent travails of public sector collective bargaining.  One article, by Stephen F. Befort, asks why is unilateral change somehow more acceptable or possible in the public sector.   

Public Sector Woes Part II -- Compensation, Pension Etc. Analyzed

In my last blog, I wrote generally about the "upheaval" or "cross roads" that public sector collective bargaining finds itself in today.  See also Unions’ Role in “the New Normal”.  This second blog looks specifically at issues of public sector compensation and reform, particularly pension reform of which I've also written before.   See  Public Sector Pensions -- The Times They are a-Changin'. 

Such reforms range from attempts to limit the scope of public bargaining as it relates to compensation; the move from defined contribution (DC) to defined benefit (DB)

Public Sector Collective Bargaining Woes

In December 2010, I blogged about the travails facing public sector pension funds, and in March 2011 I wrote a bit about the general "upheaval" in public sector collective bargaining.  See Public Sector Pensions -- The Times They are a-Changin' and Unions’ Role in “the New Normal”.  Both of these subjects have now captured the interest of a number of commentators and my next couple of blogs will analyze some recent articles.  This first blog in the series looks at the general climate change and "upheaval," and the idea that public sector labor is at a "crossroads." Review of three articles articles in particular, which represent more moderate, liberal, and conservative views of the issue, are a helpful orientation.

Bargaining with Minority Unions

In the Fall 2011 issue of the ABA Journal of Labor & Employment Law, Vol. 27 No. 1, authors Catherine Fisk and Xenia Tashlitsky urge us to "Imagine a World Where Employers are Required to Bargain with Minority Unions." The authors observe that while case law says it cant be done, that is not an inevitable conclusion based on statutory language.  They also see many potential benefits in such a requirement.

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.

Albuquerque Labor Board Unable to Agree on Neutral Appointment

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.

PELRB Meets Again to Discuss Hiring of New Director

Today the Public Employee Labor Relations Board (PELRB) met again to continue to discuss the hiring of a new Executive Director. As I discussed in a prior blog , the PELRB determined at its April 25 meting to hold off on choosing a new Director until additional resumes could be submitted to the Governor's Office, and considered.  There were some new faces and efficiency arguments, but mostly same old same old.

"The Future of Public Employee Collective Bargaining in New Mexico" - Seminar Summary

The May 6, 2011 Seminar, "The Future of Public Employee Collective Bargaining in New Mexico," was quite a success.  The seminar was Dr. T. Zane Reeve's "brainchild, and was sponsored by the UNM School of Public Administration with some assistance from the Federal Mediation Conciliation Service (FMCS).  Its overriding themes and questions was could what occurred in Wisconsin happen here and if we are in danger, how can we do things differently in the future.

Collective Barganing Seminar to be Held May 6

I am please to announce that Dr. Reeves has graciously invited me to participate in the May 6, 2011 collective bargaining seminar that he is coordinating, which I wrote about in an earlier blog. 

He has also provided me with a Preliminary Agenda, and both the guest and topic line-ups look very intriguing, and timely.  The seminar begins with the premise that NM has a long and relatively stable history of public sector collective bargaining, and that today's "changing economic times and financial constraints on employers, unions, and taxpayers" call for "dialogue and creativity, not acrimony and rhetoric."

ABQ Labor Board -- First Meeting in 16 Months Mostly a No-Go

Today Albuquerque's Labor Management Relations Board was scheduled to meet for the first time since December 2009.  The two sitting members--Justin Lesky, Esq., the labor representative, and Barbara Stephenson, the management representative--did convene the meeting.  However, under the Labor Board's Rules, all three members are required for a quorum, so it could not take any action today, although everyone present was allowed to speak--and speak they did, largely to vent quite a bit of simmering frustration.

NM PELRB Reinstated

Today the ABQ Journal reported that the State Supreme Court has ordered the reinstatement of PELRB members John Boyd, who was the labor recommendation, and Duff Westbrook, who was recommended jointly by the management and labor recommendations.  The Governor's Office pointed to a 2003 state Supreme Court ruling upholding then Governor Richardson's removal of six appointees to the Judicial Standards Commission.  The Union's position, accepted by the Supreme Court was that the Governor lacked authority to remove these board members, because the Office of the Governor was itself involved in adjudication before the PELRB.  

Unions’ Role in “the New Normal”

I am a labor/employment neutral, and I also do domestic and foreclosure mediation.  In all my work I see that times are tough all around, and it seems like the struggle to get and keep a job, and earn enough money to support your family in current economic situation is not getting any better.  My husband thinks this is the “new normal” and I’m beginning to believe him.

The news stories of other families struggling to make ends meet, to keep jobs, to meet bills, etc. certainly seem to bear out his theory.  See David Brooks, NY Times Op-Ed, “The New Normal” (Feb. 28, 2011) at http://www.nytimes.com/2011/03/01/opinion/01brooks.html; Alice Gomstyn, “Finance: Americans Adapt to the 'New Normal” (Jun. 15, 2009), at  http://abcnews.go.com/Business/Economy/story?id=7827032&page=1. And, as households reorganize their personal priorities and finances in this economic environment, we should not be too surprised to see similar reorganizations going on, as well, at the state, national and international levels. We should also not be surprised that such reorganizations are as painful on these larger stages, as they are in our own homes.

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.