Chapter 10 — Chapter 10

A. A labor organization that has been certified by the board or local board as representing the public employees in the appropriate bargaining unit shall be the exclusive representative of all public employees in the appropriate bargaining unit. The exclusive representative shall…

A. A member of a labor organization or the labor organization itself may initiate decertification of a labor organization as the exclusive representative if thirty percent of the public employees in the appropriate bargaining unit make a written request to the board or local boar…

A. Except for retirement programs provided pursuant to the Public Employees Retirement Act [Chapter 10, Article 11 NMSA 1978] or the Educational Retirement Act [Chapter 22, Article 11 NMSA 1978], public employers and exclusive representatives: (1) shall bargain in good faith on w…

A. The following negotiations and impasse procedures shall be followed by the state and exclusive representatives for state employees: (1) a request to the state for the commencement of initial negotiations shall be filed in writing by the exclusive representative no later than J…

A public employer or 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 i…

The purpose of the Public Employee Bargaining Act is to guarantee public employees the right to organize and bargain collectively with their employers, to promote harmonious and cooperative relationships between public employers and public employees and to protect the public inte…

practices. A public employee or labor organization or its representative shall not: A. discriminate against a public employee with regard to labor organization membership because of race, color, religion, creed, age, sex or national origin; B. interfere with, restrain or coerce a…

A. A public employee or labor organization shall not engage in a strike. A labor organization shall not cause, instigate, encourage or support a public employee strike. A public employer shall not cause, instigate or engage in a public employee lockout. B. A public employer may a…

Collective bargaining agreements and other agreements between public employers and exclusive representatives shall be valid and enforceable according to their terms when entered into in accordance with the provisions of the Public Employee Bargaining Act. History: Laws 2003, ch. …

A. The board or local board may request the district court to enforce orders issued pursuant to the Public Employee Bargaining Act, including those for appropriate temporary relief and restraining orders. The court shall consider the request for enforcement on the record made bef…

A. Bargaining units established prior to July 1, 1999 shall continue to be recognized as appropriate bargaining units for the purposes of the Public Employee Bargaining Act. Bargaining units established between July 1, 1999 and the effective date of that act shall continue in eff…

A new entity, created by or pursuant to statute, that encompasses the same powers and duties as a previous public employer and uses essentially the same employees as the previous public employer shall be treated as if it were that previous public employer for purposes of the Publ…

Nothing in the Public Employee Bargaining Act shall be construed to annul or modify a collective bargaining agreement entered into between a public employer and an exclusive representative prior to the effective date of the Public Employee Bargaining Act. Nor shall anything in th…

History: Laws 2003, ch. 4, § 26; 2003, ch. 5, § 26; repealed by Laws 2020, ch. 48, § 13.

In the event of conflict with other laws, the provisions of the Public Employee Bargaining Act shall supersede other previously enacted legislation and rules; provided that the Public Employee Bargaining Act shall not supersede the provisions of the Bateman Act [6-6-11 NMSA 1978]…

As used in the Public Employee Bargaining Act: A. "appropriate bargaining unit" means a group of public employees designated by the board or local board for the purpose of collective bargaining; B. "appropriate governing body" means the policymaking body or individual representin…

A. Public employees, other than management employees and confidential employees, may form, join or assist a labor organization for the purpose of collective bargaining through representatives chosen by public employees without interference, restraint or coercion and shall have th…

Unless limited by the provisions of a collective bargaining agreement or by other statutory provision, a public employer may: A. direct the work of, hire, promote, assign, transfer, demote, suspend, discharge or terminate public employees; B. determine qualifications for employme…

The appropriate governing body of a public employer is the policymaking individual or body representing the public employer. In the case of the state, the appropriate governing body is the governor or his designee or, in the case of a constitutionally created body, the constituti…

qualifications. A. The "public employee labor relations board" is created. The board consists of three members appointed by the governor. The governor shall appoint one member recommended by organized labor representatives actively involved in representing public employees, one m…

A. The board or a local board shall promulgate rules necessary to accomplish and perform its functions and duties as established in the Public Employee Bargaining Act, including the establishment of procedures for: (1) the designation of appropriate bargaining units; (2) the sele…

Chapter 10, Article 7F NMSA 1978 may be cited as the "Hazardous Duty Officers' Employer-Employee Relations Act". History: Laws 2010, ch. 62, § 1; 2019, ch. 83, § 1.

As used in the Hazardous Duty Officers' Employer-Employee Relations Act: A. "compelled statement" means a statement provided by an officer to the officer's employer if the statement is compelled under threat of dismissal from employment or any other employment sanction; B. "emerg…

limitation. A. When a hazardous duty officer is under investigation by the officer's employer for alleged actions that could result in administrative sanctions being levied against the officer, any investigative interview of the officer shall be conducted only: (1) upon the order…

After reviewing all the information collected in the course of an investigation of a hazardous duty officer, the chief administrator of the officer's employer may order the officer to submit to a polygraph examination administered by a licensed polygraph examiner, provided that: …

When a hazardous duty officer is under investigation for an administrative matter, the officer shall be permitted to produce any relevant documents, witnesses or other evidence to support the officer's case and the officer may cross-examine any adverse witnesses during any grieva…

A. No document containing comments adverse to a hazardous duty officer shall be entered into the officer's personnel file unless the officer has read and signed the document. When an officer refuses to sign a document containing adverse comments, the document may be entered into …

When a hazardous duty officer is under administrative investigation and a determination is made to commence a criminal investigation, the officer shall be immediately notified of the investigation and shall be afforded all the protections set forth in the bill of rights of the Un…

A hazardous duty officer shall not be required by an employer to disclose information regarding the officer's financial status, unless all other reasonable investigative means have been exhausted or except as otherwise required by law. History: Laws 2010, ch. 62, § 8.

A hazardous duty officer shall not be prohibited by an employer from engaging in any political activity when the officer is off duty, except as otherwise provided by law. History: Laws 2010, ch. 62, § 9.

Sections 10-8-1 through 10-8-8 NMSA 1978 may be cited as the "Per Diem and Mileage Act". History: 1953 Comp., § 5-10-1, enacted by Laws 1963, ch. 31, § 1; 1978, ch. 184, § 1; 1979, ch. 273, § 2.

The purpose of the Per Diem and Mileage Act is to establish standard rates for reimbursement for travel for public officers and employees coming under the Per Diem and Mileage Act. The act is designed to be referred to where applicable in statutes setting compensation of public o…

As used in the Per Diem and Mileage Act: A. "attend" means the act of being present, either physically or through a virtual platform that is approved by the entity responsible for determining attendance; B. "secretary" means the secretary of finance and administration; C. "employ…

A. Notwithstanding any other specific law to the contrary and except as provided in Subsection I of this section, every nonsalaried public officer shall receive either reimbursement pursuant to the provisions of Subsection K or L of this section or per diem expenses in the follow…

A. The secretary may promulgate rules for state agencies and local public bodies for the purpose of carrying out the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. Public officials of public post-secondary educational institutions and employees of public…

A. The Per Diem and Mileage Act shall not apply to the members of the legislature unless the legislature by specific reference to the act makes it applicable to the members and such application does not thereby exceed the per diem and mileage rates fixed in the constitution of Ne…

Any public officer or employee covered by the Per Diem and Mileage Act who knowingly authorizes or who knowingly accepts payment in excess of the amount allowed by the Per Diem and Mileage Act or in excess of the amount authorized by the secretary or the governing board pursuant …

A. The secretary may authorize by regulation reimbursement for the following actual expenses incurred by public officers and employees of state agencies: (1) moving expenses; (2) professional fees or dues; (3) tuition and fees for attending educational programs or classes approve…

Chapter 10, Article 9 NMSA 1978 may be cited as the "Personnel Act". History: 1953 Comp., § 5-4-28, enacted by Laws 1961, ch. 240, § 1; 2009, ch. 76, § 1.

The board shall: A. promulgate regulations to effectuate the Personnel Act; B. hear appeals and make recommendations to employers; C. hire, with the approval of the governor, a director experienced in the field of personnel administration; D. review budget requests prepared by th…

services department. The board and the state personnel office are administratively attached, as defined in the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978], to the general services department. History: 1953 Comp., § 5-4-34.1, enacted by Laws 1977, ch. 247, § 47; 1983,…

The director shall: A. supervise all administrative and technical personnel activities of the state; B. act as secretary to the board; C. establish, maintain and publish annually a roster of all employees of the state, showing for each employee his division, title, pay rate and o…

Rules promulgated by the board shall be effective when filed as required by law. The rules shall provide, among other things, for: A. a classification plan for all positions in the service; B. a pay plan for all positions in the service; C. competitive entrance and promotion test…

The legislature finds that residents of the state are a valuable resource in state employment because of their dedication and commitment to the state they live in. Therefore, the purpose of this act [10-9-13, 10-9-13.1 NMSA 1978] is to encourage residents to remain in the state r…

A. In establishing the list of eligibles for appointment, the board shall provide preference points for veterans honorably discharged from the armed forces of the United States. Veterans with a service-connected disability shall be awarded ten points over and above their regular …

testing. A. No agency or officer of the state or any of its political subdivisions shall prohibit, prevent, disqualify or discriminate against any blind person, otherwise qualified, from registering, taking or competing in a competitive entrance or promotion test for any position…

All officers and employers of the state shall comply with the Personnel Act. All employers shall hire employees only from employment lists of applicants who meet prescribed minimum requirements and have passed the prescribed tests, provided by the director. All officers and emplo…

All employees of the state holding positions brought into the classified service by the Personnel Act shall be continued in their positions and become regular employees without original examinations, if they have held the position for at least one year immediately prior to the ef…

No person shall make or approve payment for personnel services to any person in the service, unless the payroll voucher or account of the pay is certified by the director that the person being paid was employed in accordance with the Personnel Act. History: 1953 Comp., § 5-4-39, …

A. An employee who is dismissed, demoted or suspended may, within thirty days after the dismissal, demotion or suspension, appeal to the board. The appealing employee and the agency whose action is reviewed have the right to be heard publicly and to present facts pertinent to the…