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. 

Guaranteed Retirement Accounts (GRAs)

In December of last year, I wrote about public employee guaranteed benefit pension funds.  As discussed in that blog, there are serious sustainability issues with these funds and many states are increasingly requiring employees to work more years before being entitled to their benefits.  Nonetheless, economics professor Teresa Ghilarducci has recently opined that “The Solution to the Pension Crisis is More Pensions,” (emphasis added), not working more.  

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.

Cleaning House and Cleaning Up Our Acts - Anti-Bullying Legislation

As I catch up—or at least get less far behind—on the piles of work, potentially work-generating activities, kid activities, and volunteer responsibilities  littering my plate, I turn to a long delayed blog.  Ahhhhh, it's like Spring Cleaning.

You see, I have been toting around Volume 14 of the LERA publication Perspective on Work"—yes, that's "Summer 2010/Winter 2011"—for months now, wanting to do something with it.  It had a number of interesting articles I wanted to comment on, including titillating tidbits like work place bullying, and universal, guaranteed pensions for all.  But, the longer I waited and put it off, the more things jumped ahead in line… You know how that goes. 

Now, however, I am ready to tackle it.  I am just back from facilitating at a women's retreat held by my church, where we discussed issues like the burdens we carry around unnecessarily, freedoms we fail to exercise, and ways in which our freedom is restricted by ourselves as well as by forces outside our control.  In honor of these themes, I will limit myself to just the issue of bullying, and then promptly discard what has become an albatross upon my briefcase.

Social Media and the Workplace--NLRB and APD Cases Compared

What a curious world it is.  There is a notion of the "timeliness" or "confluence of ideas," and I'm sure you've all experienced it:  you have an idea rattling around in your head and, what do you know, you keep encountering things/people/incidents that reinforce, clarify and refine that idea.  We also see it historically.  For example, multiple people tend to come forward with similar technical innovations at about the same time.  Well, it is quickly becoming apparent that the idea or innovation de jure is Facebook and other social media, and their implications for the workplace, both nationally and at the Albuquerque Police Department.

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."  

NM PELRB Director Terminated

The New Mexico Public Employee Labor Relations Board (PELRB) Director--Pam Gentry, who was just hired in the Fall of 2010 but has not appeared to have reduced the case backlog --was terminated effective February 5, 2011 according to agency correspondence to parties rescheduling a Status Conference.