0001| AN ACT | 0002| RELATING TO PUBLIC EMPLOYEE BARGAINING; CLARIFYING THAT CERTAIN | 0003| STATE EDUCATIONAL INSTITUTIONS MAY CREATE LOCAL BOARDS; AMENDING A | 0004| SECTION OF THE PUBLIC EMPLOYEE BARGAINING ACT. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 10-7D-4 NMSA 1978 (being Laws 1992, Chapter 9, Section 4) is | 0008| amended to read: | 0009| "10-7D-4. DEFINITIONS.--As used in the Public Employee Bargaining Act: | 0010| A. "appropriate bargaining unit" means a group of public employees designated | 0011| by the board or local board for the purpose of collective bargaining; | 0012| B. "appropriate governing body" means the policymaking body or individual | 0013| representing a public employer as defined in Section 10-7D-7 NMSA 1978; | 0014| C. "board" means the public employee labor relations board; | 0015| D. "certification" means the designation by the board or local board of a labor | 0016| organization as the exclusive representative for all public employees in an appropriate bargaining | 0017| unit; | 0018| E. "collective bargaining" means the act of negotiating between a public | 0019| employer and an exclusive representative for the purpose of entering into a written agreement | 0020| regarding wages, hours and other terms and conditions of employment; | 0021| F. "confidential employee" means a person who assists and acts in a confidential | 0022| capacity with respect to a person who formulates, determines and effectuates management | 0023| policies; | 0024| G. "exclusive representative" means a labor organization that, as a result of | 0025| certification, has the right to represent all public employees in an appropriate bargaining unit for | 0001| the purposes of collective bargaining; | 0002| H. "factfinding" means the procedure following mediation whereby the parties | 0003| involved in an impasse submit their differences to a third party for an advisory recommendation; | 0004| I. "impasse" means failure of a public employer and an exclusive representative, | 0005| after good-faith bargaining, to reach agreement in the course of negotiating a collective | 0006| bargaining agreement; | 0007| J. "labor organization" means any employee organization, one of whose purposes | 0008| is the representation of public employees in collective bargaining and in otherwise meeting, | 0009| consulting and conferring with employers on matters pertaining to employment relations; | 0010| K. "local board" means a local labor relations board established by a public | 0011| employer, other than the state, through ordinance, resolution or charter amendment; | 0012| L. "lockout" means an act by a public employer to prevent its employees from | 0013| going to work and undertaken for the purpose of resisting the demands of the employees' | 0014| exclusive representative or for the purpose of gaining a concession from the exclusive | 0015| representative; | 0016| M. "management employee" means an employee who is engaged primarily in | 0017| executive and management functions and is charged with the responsibility of developing, | 0018| administering or effectuating management policies. An employee shall not be deemed a | 0019| management employee solely because the employee participates in cooperative decision-making | 0020| programs on an occasional basis; | 0021| N. "mediation" means assistance by an impartial third party to resolve an impasse | 0022| between a public employer and an exclusive representative regarding employment relations | 0023| through interpretation, suggestion and advice; | 0024| O. "professional employee" means an employee whose work is predominantly | 0025| intellectual and varied in character and whose work involves the consistent exercise of discretion | 0001| and judgment in its performance and requires knowledge of an advanced nature in a field of | 0002| learning customarily requiring specialized study at an institution of higher education or its | 0003| equivalent. The work of a professional employee is of such character that the output or result | 0004| accomplished cannot be standardized in relation to a given period of time; | 0005| P. "public employee" means a regular, nonprobationary employee of a public | 0006| employer; provided that in the public schools, "public employee" shall also include any regular | 0007| probationary employee; | 0008| Q. "public employer" means the state or any political subdivision thereof, | 0009| including municipalities having adopted home rule charters, and does not include any | 0010| government of a tribe or pueblo. State educational institutions, as provided in Article 12, Section | 0011| 11 of the constitution of New Mexico, shall be considered public employers other than the state | 0012| for collective bargaining purposes only; | 0013| R. "strike" means a public employee's refusal, in concerted action with other | 0014| public employees, to report for duty or his willful absence in whole or in part from the full, | 0015| faithful and proper performance of the duties of employment for the purpose of inducing, | 0016| influencing or coercing a change in the conditions, compensation, rights, privileges or obligations | 0017| of public employment; and | 0018| S. "supervisor" means an employee who devotes a substantial amount of | 0019| work time to supervisory duties, who customarily and regularly directs the work of two or | 0020| more other employees and who has the authority in the interest of the employer to hire, | 0021| promote or discipline other employees or to recommend such actions effectively, but does | 0022| not include individuals who perform merely routine, incidental or clerical duties or who | 0023| occasionally assume supervisory or directory roles or whose duties are substantially similar | 0024| to those of their subordinates and does not include lead employees or employees who | 0025| participate in peer review or occasional employee evaluation programs." | 0001| |