SENATE BILL 93
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Sander Rue
AN ACT
RELATING TO LABOR; REVISING THE PUBLIC EMPLOYEE BARGAINING ACT TO PROHIBIT PAYROLL DEDUCTIONS OF MEMBERSHIP DUES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 10-7E-17 NMSA 1978 (being Laws 2003, Chapter 4, Section 17 and Laws 2003, Chapter 5, Section 17) is amended to read:
"10-7E-17. SCOPE OF BARGAINING.--
A. Except for retirement programs provided pursuant to the Public Employees Retirement Act or the Educational Retirement Act, public employers and exclusive representatives:
(1) shall bargain in good faith on wages, hours and all other terms and conditions of employment and other issues agreed to by the parties. However, neither the public employer nor the exclusive representative shall be required to agree to a proposal or to make a concession; and
(2) shall enter into written collective bargaining agreements covering employment relations.
B. The obligation to bargain collectively imposed by the Public Employee Bargaining Act shall not be construed as authorizing a public employer and an exclusive representative to enter into an agreement that is in conflict with the provisions of any other statute of this state. In the event of conflict between the provisions of any other statute of this state and an agreement entered into by the public employer and the exclusive representative in collective bargaining, the statutes of this state shall prevail.
C. Payroll deduction of the exclusive representative's membership dues shall [be a mandatory] not be a subject of bargaining [if either party chooses to negotiate the issue. The amount of dues shall be certified in writing by an official of the labor organization and shall not include special assessments, penalties or fines of any type. The public employer shall honor payroll deductions until the authorization is revoked in writing by the public employee in accordance with the negotiated agreement and for so long as the labor organization is certified as the exclusive representative. During the time that a board certification is in effect for a particular appropriate bargaining unit, the public employer shall not deduct dues for any other labor organization].
D. The scope of bargaining for representatives of public schools as well as educational employees in state agencies shall include, as a mandatory subject of bargaining, the impact of professional and instructional decisions made by the employer.
E. An impasse resolution or an agreement provision by the state and an exclusive representative that requires the expenditure of funds shall be contingent upon the specific appropriation of funds by the legislature and the availability of funds. An impasse resolution or an agreement provision by a public employer other than the state or the public schools and an exclusive representative that requires the expenditure of funds shall be contingent upon the specific appropriation of funds by the appropriate governing body and the availability of funds. An agreement provision by a local school board and an exclusive representative that requires the expenditure of funds shall be contingent upon ratification by the appropriate governing body. An arbitration decision shall not require the reappropriation of funds.
F. An agreement shall include a grievance procedure to be used for the settlement of disputes pertaining to employment terms and conditions and related personnel matters. The grievance procedure shall provide for a final and binding determination. The final determination shall constitute an arbitration award within the meaning of the Uniform Arbitration Act; such award shall be subject to judicial review pursuant to the standard set forth in the Uniform Arbitration Act. The costs of an arbitration proceeding conducted pursuant to this subsection shall be shared equally by the parties.
G. The following meetings shall be closed:
(1) meetings for the discussion of bargaining strategy preliminary to collective bargaining negotiations between the public employer and the exclusive representative of the public employees of the public employer;
(2) collective bargaining sessions; and
(3) consultations and impasse resolution procedures at which the public employer and the exclusive representative of the appropriate bargaining unit are present."
SECTION 2. Section 10-7E-19 NMSA 1978 (being Laws 2003, Chapter 4, Section 19 and Laws 2003, Chapter 5, Section 19) is amended to read:
"10-7E-19. PUBLIC EMPLOYERS--PROHIBITED PRACTICES.--A public employer or [his] the public employer's representative shall not:
A. discriminate against a public employee with regard to terms and conditions of employment because of the employee's membership in a labor organization;
B. interfere with, restrain or coerce a public employee in the exercise of a right guaranteed pursuant to the Public Employee Bargaining Act;
C. dominate or interfere in the formation, existence or administration of a labor organization;
D. discriminate in regard to hiring, tenure or a term or condition of employment in order to encourage or discourage membership in a labor organization;
E. discharge or otherwise discriminate against a public employee because [he] the employee has signed or filed an affidavit, petition, grievance or complaint or given information or testimony pursuant to the provisions of the Public Employee Bargaining Act or because a public employee is forming, joining or choosing to be represented by a labor organization;
F. refuse to bargain collectively in good faith with the exclusive representative;
G. deduct membership dues for a labor organization using payroll deductions;
[G.] H. refuse or fail to comply with a provision of the Public Employee Bargaining Act or board rule; or
[H.] I. refuse or fail to comply with a collective bargaining agreement."
SECTION 3. Section 10-7E-26 NMSA 1978 (being Laws 2003, Chapter 4, Section 26 and Laws 2003, Chapter 5, Section 26) is amended to read:
"10-7E-26. EXISTING ORDINANCES PROVIDING FOR PUBLIC EMPLOYEE BARGAINING.--
A. A public employer other than the state that prior to October 1, 1991 adopted by ordinance, resolution or charter amendment a system of provisions and procedures permitting employees to form, join or assist a labor organization for the purpose of bargaining collectively through exclusive representatives may continue to operate under those provisions and procedures. Any substantial change after January 1, 2003 to any ordinance, resolution or charter amendment shall subject the public employer to full compliance with the provisions of Subsection B of this section [26 of the Public Employee Bargaining Act].
B. A public employer other than the state that subsequent to October 1, 1991 adopts by ordinance, resolution or charter amendment a system of provisions and procedures permitting employees to form, join or assist a labor organization for the purpose of bargaining collectively through exclusive representatives freely chosen by its employees may operate under those provisions and procedures rather than those set forth in the Public Employee Bargaining Act; provided that the employer shall comply with the provisions of Sections [8 through 12 and Subsection D of Section 17 of that act] 10-7E-8 through 10-7E-12 NMSA 1978 and Subsection D of Section 10-7E-17 NMSA 1978 and provided the following provisions and procedures are included in each ordinance, resolution or charter amendment:
(1) the right of public employees to form, join or assist employee organizations for the purpose of achieving collective bargaining;
(2) procedures for the identification of appropriate bargaining units, certification elections and decertification elections equivalent to those set forth in the Public Employee Bargaining Act;
(3) the right of a labor organization to be certified as an exclusive representative;
(4) the right of an exclusive representative to negotiate all wages, hours and other terms and conditions of employment for public employees in the appropriate bargaining unit;
(5) the obligation to incorporate agreements reached by the public employer and the exclusive representative into a collective bargaining agreement;
(6) a requirement that grievance procedures culminating with binding arbitration be negotiated;
[(7) a requirement that payroll deductions for the exclusive representative's membership dues be negotiated if requested by the exclusive representative;
(8)] (7) impasse resolution procedures equivalent to those set forth in Section [18 of the Public Employee Bargaining Act] 10-7E-18 NMSA 1978; and
[(9)] (8) prohibited practices for the public employer, public employees and labor organizations that promote the principles established in Sections [19 through 21 of the Public Employee Bargaining Act] 10-7E-19 through 10-7E-21 NMSA 1978."
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