(DOWNLOAD) "Regents of University of New Mexico v. New Mexico Federation of Teachers 42861" by New Mexico Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Regents of University of New Mexico v. New Mexico Federation of Teachers 42861
- Author : New Mexico Supreme Court
- Release Date : January 23, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 94 KB
Description
CERTIFICATION FROM THE NEW MEXICO COURT OF APPEALS Petra Jimenez Maes, District Judge {1} The Board of Regents of the University of New Mexico (UNM) appeals a determination by the Public Employee Labor Relations Board (PELRB) that invalidated portions of the university's labor-management relations policy. The PELRB held that the Public Employee Bargaining Act, NMSA 1978, 10-7D-1 to -26 (1992, prior to 1997 amendment, effective Apr. 1, 1993) [hereinafter PEBA], requires all public employers, like UNM, to open the collective-bargaining process to all public employees except management employees, supervisors, and confidential employees. The PELRB held UNM's labor policy invalid because it excludes many categories of employees that PEBA includes. The PELRB's determination was affirmed by the district court. On appeal, UNM raises two arguments: (1) that its labor policy is exempt from PEBA under the Act's ""grandfather clause,"" under which public employers whose labor policies were established prior to October 1, 1991 are released from the requirements of the Act; and (2) that PEBA conflicts with the Regents' constitutionally mandated autonomy in its governance of the university. We conclude that those portions of UNM's labor relations policy that exclude categories of employees in violation of PEBA are not grandfathered, and that PEBA does not conflict with the New Mexico Constitution. We affirm. I. FACTS AND PROCEEDINGS