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.

NM Workers Comp Tidbits

As a labor/employment mediator, arbitrator and ALJ, I strive to keep abreast of--and inform my readers of noteworthy labor and employment cases.  Although the Workers Comp Administration in New Mexico maintains its own stable of mediators and ALJs, I like to keep up with this area of law also, mostly because the issues that arise are so darn interesting.  Two recent cases highlight that.

Albuquerque's Labor Ordinance Still Grandfathered

This year, the State Supreme Court struck a highly symbolic blow for the continuing efficacy of grandfathered local labor boards.  Back in 2010, the Court of Appeals had reversed then-District Court Judge Bill Lang, and upheld PELRB Director Juan Montoya, in determining that the interim appointment provision of City of Albuquerque's local labor relations ordinance was not entitled to grandfathered status. 

NM Probationary Employees Protected by Human Rights Act

In a case of first impression, the New Mexico Court of Appeals has held that State employees on probationary status may still assert a claim of sex or race discrimination under the New Mexico Human Rights Act (HRA).  See Rodriguez v. NM Workforce Solutions, 2012-NMCA-059.

Exhaustion of Remedies & Employment Handbooks

This summer, in Lucero v. Board of Regents of the Univ. of New Mexico, NMHSC, 2012-NMCA-055 (cert. den.), the Court of Appeals concluded that an employee alleging breach of an employee handbook must exhaust the grievance process outlined in that handbook.