Recent NM Labor Goings-On

On April 25, the Public Employee Relations Board (PELRB) met for the first time since its recent "reorganizations," under the influence of the Governor and then the Supreme Court.  The upshot of the reorganizations was that Supreme Court said the Governor exceeded her authority by summarily discharging any members except that which served upon its own recommendation,* and the Governor's Office conceded that only the Board had authority to hire and fire the Director.

So where did that leave us at the April 25 meeting?  With lots of questions regarding current dates of appointments, candidates for Director, and pending business.  Elsewhere, KUNM hosted a not very balanced segment on public sector bargaining.

Seminar 5/6/11, State of NM Public Sector Collective Bargaining

New Mexico Arbitrator-Mediator-Hearing Examiner T. Zane Reeves, PhD, has coordinated a seminar on the state of public sector collective bargaining in New Mexico. 

CBA Arbitration Clauses & Other Statutory Rights

I do not know what the practice is in other jurisdictions, but collective bargaining agreements (CBAs) in the New Mexico public sector typically include a clause prohibiting all kinds of statutorily illegal discrimination, not just that related to collective bargaining.  In these same contracts, there are also mandatory grievance-arbitration requirements that purportedly apply to all provisions except those that are expressly exempted.  Moreover, although these contracts frequently state that claims for discrimination or retaliation based on union activity may be brought before the state labor board, the New Mexico Public Employee Labor Relations Board (PELRB), there is no such carve out or proviso concerning other statutory discrimination claims.

While a hearing examiner with the PELRB I had previously wondered, privately, if such clauses could be read together to require employees to assert these claims through arbitration.  I had, frankly, tended to assume such a thing could not be a good thing.   However, Hoyt N. Wheeler has written a provocative, pause-giving little article in the LERA publication, Perspectives on Work, Vol. 14*, Summer 2010/Winter 2011, about the possible positive outcomes such arbitration.  See “Unions and the Arbitration of Statutory Rights,” Perspectives at 26-28. 

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.

Public Sector Set Backs--or Claw Backs?

Earlier this month, I reported on 2d Judicial District Judge Huling's ruling that the City of Albuquerque could scale back wages for the AFSCME bargaining unit, while negotiations for a successor contract was pending.  

Well, the beat goes on.  On February 2, the Albuquerque Journal reported that Second Judicial District Court Judge Nan Nash has ruled that the City was not required to implement negotiated annual pay increases for City firefighters, based on financial difficulties.  See Dan McKay, "Judge Dismisses Firefighters' Lawsuit."