SB 110 — PUBLIC SECTOR COLLECTIVE BARGAINING CHANGES

"mediation" means assistance by an e e 17 impartial third party to resolve an impasse between a public e e n d 18 employer and an exclusive representative regarding employment = = l ] 19 relations through interpretation, suggestion and advice;

]a l r i 20 [Q.] P.

"professional employee" means an employee [Q.t e a t whose work is predominantly intellectual and varied in m m 21 e d character and whose work involves the consistent exercise of r e 22 c e r c 23 discretion and judgment in its performance and requires e a n b 24 knowledge of an advanced nature in a field of learning u [ customarily requiring specialized study at an institution of .217421.6 - 5 - SJC/SB 110 higher education or its equivalent.

eThe e 17 whose work isof predominantlya intellectualprofessional andemployee variedis inof esuch e n d 18 character andthat whose work involves the consistentoutput exerciseor ofresult =accomplished =cannot lbe ]standardized 19 discretion and judgment in itsrelation performanceto and requires a lgiven rperiod i 20 knowledge of antime; advanced nature in a field of learning t e a t customarily requiring specialized study at an institution of m m 21 e d r e 22 higher education or its equivalent.

The[R.] workQ. of a professional c e r c 23 employee is of such character that the output or result e a n b 24 accomplished cannot be standardized in relation to a given u [ period of time;

.216265.3 - 5 - [R.] Q.

provided that, in the public schools, "public employee" shall also include a regular probationary employee.employee and includes those employees whose work is funded in whole or in part by grants or other third-party sources;

"Public employee" includes employees whose work is funded in whole or in part by grants or 6 other third-party sources;

"public employer" means the state or a political subdivision thereof, including a municipality that has adopted a home rule charter, and does not include a government of an Indian nation, tribe or pueblo, provided that state educational institutions as provided in Article 12, Section 11 of the constitution of New Mexico shall be e e 17 considered public employers other than the state for collective e e n d 18 bargaining purposes only;

= = l ] 19 [T.] S.

"strike" means a public employee's refusal, a l r i 20 in concerted action with other public employees, to report for et e 17a t duty or [his] the willful absence in whole or in part from the em em n21 e d 18 full, faithful and proper performance of the duties of =r =e l22 ]c 19e r c 23 employment for the purpose of inducing, influencing or coercing e a ln rb i24 20 a change in the conditions, compensation, rights, privileges or tu e[ a t obligations of public employment;

and m.217421.6 m- 216 e- dSJC/SB r110 e 22 [U.] T.

"supervisor" means an employee who devotes c e r c 23 a majority of work time to supervisory duties, who customarily e a n b 24 and regularly directs the work of two or more other employees u [ and who has the authority in the interest of the employer to .216265.3 - 6 - hire, promote or discipline other employees or to recommend such actions effectively, but "supervisor" does not include an individual who performs merely routine, incidental or clerical duties or who occasionally assumes a supervisory or directory role or whose duties are substantially similar to those of [his] the individual's subordinates and does not include a lead employee or an employee who participates in peer review or occasional employee evaluation programs." SECTION 3.

RIGHTS OF PUBLIC EMPLOYEES.-- e e 17 A.

Public employees, other than management e e n d 18 employees and confidential employees, may form, join or assist = = l ] 19 a labor organization for the purpose of collective bargaining a l r i 20 through representatives chosen by public employees without et e 17a t interference, restraint or coercion and shall have the right to em em n21 de 18d refuse [any such ] those activities.

=r =e l22 ]c 19e r c 23 B.

Public employees have the right to engage in e a ln rb i24 20 other concerted activities for mutual aid or benefit."benefit. t e a t SECTION 4.

SectionThis 10-7E-9u NMSA[ 1978right (beingshall Lawsnot 2003,be mconstrued mas 21modifying ethe dprohibition ron e.217421.6 22- Chapter7 4,- SectionSJC/SB 9110 andstrikes Lawsset 2003,forth Chapterin 5, Section 9)10-7E-21 isNMSA c1978. e r c 23 amended to read:

e" aSECTION n4. b 24 "10-7E-9.

BOARDSection AND10-7E-9 LOCALNMSA BOARD1978 --POWERS(being ANDLaws DUTIES.--2003, uChapter [4, A.Section 9 and Laws 2003, Chapter 5, Section 9) is amended to read:

The"10-7E-9. board or a local board shall promulgate .216265.3 - 7 - rules necessary to accomplish and perform its functions and duties as established in the Public Employee Bargaining Act, including the establishment of procedures for:

BOARD AND LOCAL BOARD --POWERS AND DUTIES.-- 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:

e e 17 (1) hold hearings and make inquiries necessary e e n d 18 to carry out its functions and duties;

= = l ] 19 (2) conduct studies on problems pertaining to a l r i 20 employee-employer relations;

and t e a t (3) request from public employers and labor m m 21 e d organizations the information and data necessary to carry out r e 22 c e 17r c 23 the board's or the local board's functions and e ea n db 1824 responsibilities.

=u =[ l ] 19 C.

The board or a local board may issue subpoenas a.217421.6 l- r8 i- 20SJC/SB 110 requiring, upon reasonable notice, the attendance and testimony t e a t of witnesses and the production of evidence, including books, m m 21 e d r e 22 records, correspondence or documents relating to the matter in c e r c 23 question.

The board or a local board may prescribe the form of e a n b 24 subpoena, but it shall adhere insofar as practicable to the u [ form used in civil actions in the district court.

The board or .216265.3 - 8 - a local board may administer oaths and affirmations, examine witnesses and receive evidence.

e e 17 F.

The board or a local board each has the power to e e n d 18 enforce provisions of the Public Employee Bargaining Act = = l ] 19 through the imposition of appropriate administrative remedies, a l r i 20 actual damages related to dues, back pay including benefits, t e a t reinstatement with the same seniority status that the employee m m 21 e d would have had but for the violation, declaratory or injunctive r e 22 c e r c 23 relief or provisional remedies, including temporary restraining e a n b 24 orders or preliminary injunctions.

No punitive damages or u [ attorney fees may be awarded by the board or local board.

.217421.6 - 9 - SJC/SB 110 G.

Local board rules shall conform to the rules adopted by the board and shall not be effective until approved by an order of the board.

On good cause shown, the board may approve rules proposed by a local board, which rules vary from rules of the board.

All rules promulgated by a local board shall comply with state law.

A rule promulgated by the board or a local board shall not require, directly or indirectly, as a condition of continuous employment, a public employee covered by the Public Employee Bargaining Act to pay money to a labor organization that is certified as an exclusive representative.

[The issue of fair share shall be left a permissive subject of bargaining by the public employer and the exclusive representative of each bargaining unit.] H.

The board shall maintain current versions of its rules and current versions of the rules of each local board on a publicly accessible website.

That website shall also include e e 17 a current listing of the members of the board and the members e e n d 18 of each local board.

Each local board shall notify the board, = = l ] 19 within thirty days of revisions of its rules or changes in its a l r i 20 membership, of any such revisions of its rules or changes in t e a t its membership." m m 21 e d SECTION 5.

Section 10-7E-10 NMSA 1978 (being Laws 2003, r e 22 c e r c 23 Chapter 4, Section 10 and Laws 2003, Chapter 5, Section 10) is e a n b 24 repealed and a new Section 10-7E-10 NMSA 1978 is enacted to u [ read:

.217421.6 - 10 - SJC/SB 110 "10-7E-10.

[NEW MATERIAL ] LOCAL BOARDS--CONDITIONS OF CONTINUED EXISTENCE--TRANSFER OF AUTHORITY UPON TERMINATION-- PROHIBITION OF NEW LOCAL BOARDS.-- A.

All local boards shall continue to exist except as provided in Subsections B through J of this section.

B.

No later than December 31, 2020, each local board shall submit to the board copies of a revised local ordinance, resolution or charter amendment authorizing continuation of the local board.

A local board that fails to meet the submission deadline set forth in this subsection shall cease to exist on January 1, 2021.

No later than February 15, 2021, the board shall determine whether the local ordinance, resolution or charter amendment authorizing continuation of a local board provides the same or greater rights to public employees and labor organizations as the Public Employee Bargaining Act, allows for the determination of, and remedies e e 17 for, an action that would constitute a prohibited practice e e n d 18 under the Public Employee Bargaining Act and contains impasse = = l ] 19 resolution procedures equivalent to those set forth in Section a l r i 20 10-7E-18 NMSA 1978.

If the board determines that a local t e a t ordinance, resolution or charter amendment authorizing m m 21 e d continuation of a local board does not satisfy the requirements r e 22 c e r c 23 of this subsection, defects may be cured by June 30, 2021 or e a n b 24 the local board will cease to exist.

The board shall certify u [ by written order whether the requirements of this subsection .217421.6 - 11 - SJC/SB 110 have been met.

C.

No later than April 30, 2021, each local board shall submit to the board copies of its rules.

A local board that fails to meet the submission deadline set forth in this subsection shall cease to exist on July 1, 2021.

No later than May 30, 2021, the board shall determine whether the rules of a local board conform to the rules of the board, or for good cause shown, any variances meet the requirements of the Public Employee Bargaining Act.

If the board determines that the rules of a local board do not meet the requirements of this subsection, the local board may cure any defects by June 30, 2021, or it will cease to exist.

The board shall certify by written order whether the requirements of this subsection have been met by a local board.

D.

A local board existing as of July 1, 2021 shall continue to exist after December 31, 2021 only if it has e e 17 submitted to the board an affirmation that:

e e n d 18 (1) the public employer subject to the local = = l ] 19 board has affirmatively elected to continue to operate under a l r i 20 the local board;

and t e a t (2) each labor organization representing m m 21 e d employees of the public employer subject to the local board has r e 22 c e r c 23 submitted a written notice to the board that it affirmatively e a n b 24 elects to continue to operate under the local board.

u [ E.

The affirmation required pursuant to Subsection .217421.6 - 12 - SJC/SB 110 D of this section shall be submitted to the board by each local board between November 1 and December 31 of each odd-numbered year.

A local board that fails to timely submit the affirmation required by this subsection shall cease to exist as of January 1 of the next even-numbered year.

TheBeginning boardon orJuly a1, local2020, boardif eachat has the power to enforce provisions of the Public Employee Bargaining Act through the imposition of appropriate administrative remedies, compensatory damages, make-whole relief or any othertime equitablethereafter remedy,a declaratorylocal orboard injunctivehas relief,a provisionalmembership remedies,vacancy includingexceeding temporarysixty restrainingdays ordersin orlength, preliminary e e 17 injunctions, or other remedies appropriate under the elocal eboard nshall dcease 18to circumstances.exist.

= = l ] 19 G.

A rule promulgated by the board or a local board amay lcease r i 20 shall not require, directly or indirectly, as a condition of t e a t continuous employment, a public employee covered by the Public m m 21 e d r e 22 Employee Bargaining Act to payexist moneyupon: to a labor organization c e r c 23 that is certified as an exclusive representative.

[The(1) issue e a nrepeal b 24 of fairthe sharelocal shallordinance, beresolution leftor acharter permissiveamendment subjectauthorizing continuation of bargaining u [ by the publiclocal employerboard; and the exclusive representative of each .216265.3 - 9 - bargaining unit.

]"or SECTION(2) 5.a vote of a local board, which vote is filed with the board.

SectionH. 10-7E-10 NMSA 1978 (being Laws 2003, Chapter 4, Section 10 and Laws 2003, Chapter 5, Section 10) is repealed and a new Section 10-7E-10 NMSA 1978 is enacted to read:

"10-7E-10.Once a local board ceases to exist for any reason, it may not be revived.

[NEWe MATERIALe ]17 LOCALI. BOARDS ABOLISHED-- EXCEPTION--ELECTION.-- A.

WithWhenever thea exceptionlocal ofboard localceases boardsto approvedexist, byall thee electione describedn ind Subsection18 Bmatters ofpending thisbefore section,such local boardsboard createdshall pursuantbe totransferred a former version of Section 10-7E-10 NMSA 1978 prior to the= effective= datel of] this19 2020 act by a public employer, other than the state, by ordinance, resolution or charter amendment are hereby abolished, and the board hasfor jurisdictionresolution. over all public employers, public employees and labor organizations.

Alla mattersl pendingr beforei those20 localJ. boards upon the effective date of this 2020 act are transferred e e 17 to the board for resolution.

After June 30, 2020, no new local board may be t e a t created." m m 21 e d SECTION 6.

Section 10-7E-13 NMSA 1978 (being Laws 2003, r e 22 c e r c 23 Chapter 4, Section 13 and Laws 2003, Chapter 5, Section 13) is e a n b 24 amended to read:

u [ "10-7E-13.

APPROPRIATE BARGAINING UNITS.-- .217421.6 - 13 - SJC/SB 110 A.

The board or local board shall, upon receipt of a petition for a representation election filed by a labor organization, designate the appropriate bargaining units for collective bargaining.

Appropriate bargaining units shall be established on the basis of occupational groups or clear and identifiable communities of interest in employment terms and conditions and related personnel matters among the public employees involved.

Occupational groups shall generally be identified as blue-collar, secretarial clerical, technical, professional, paraprofessional, police, fire and corrections.

The parties, by mutual agreement, may further consolidate occupational groups.

Essential factors in determining appropriate bargaining units shall include the principles of efficient administration of government, the history of collective bargaining and the assurance to public employees of the fullest freedom in exercising the rights guaranteed by the e e 17 Public Employee Bargaining Act.

AWithin localthirty boarddays existing as of thea effectivedisagreement datearising = = l ] 19 between a public employer and a labor organization concerning a l r i 20 the composition of thisan 2020appropriate actbargaining unit, the board or t e a t local board shall onlyhold continuea tohearing operateconcerning if:the composition of m m 21 e d the bargaining unit before designating an appropriate r e 22 c e r c 23 bargaining unit.

a l r i 20 (1) the public employer subject to the local t e a tn boardb submits24 writtenC. notice to the board that it affirmatively m m 21 e d r e 22 elects to continue to operate under the local board within c e r c 23 ninety days of the effective date of this 2020 act;

eThe aboard nor blocal 24board (2)shall eachnot laborinclude organizationin representingan u [ employeesappropriate ofbargaining theunit publicsupervisors, employermanagers subjector to.217421.6 the local board .216265.3 - 1014 - submitsSJC/SB written110 noticeconfidential toemployees. the board that it affirmatively elects to continue to operate under the local board within ninety days of the effective date of this 2020 act;

(3)D. the local ordinance, resolution or charter amendment creating the local board meets or exceeds all of the requirements of Subsection B of Section 10-7E-26 NMSA 1978 or, if it does not meet those requirements, that defect is cured as provided in Subsection B of Section 10-7E-26 NMSA 1978;

andJobs (4)included thewithin boarda certifiesbargaining byunit writtenpursuant orderto thata Paragraphslocal (1)ordinance throughin (3)effect ofon thisJanuary subsection1, have2020 beenshall metremain forin that localbargaining board.unit." SECTION 7.

C.Section 10-7E-14 NMSA 1978 (being Laws 2003, Chapter 4, Section 14 and Laws 2003, Chapter 5, Section 14) is amended to read:

A public employer electing to operate under Subsection B of this section shall be subject to the jurisdiction of the public employee labor relations board until the public employer's local ordinance, resolution or charter amendment meets the requirements described in Subsection B of e e 17 this section.

The local board shall function in accordance e e n d 18 with the Public Employee Bargaining Act.

The public employer = = l ] 19 shall be subject to the jurisdiction of the public employee a l r i 20 labor relations board during periods in which the local board t e a t is not functioning in accordance with the Public Employee m m 21 e d r e 22 Bargaining Act." c e r c 23 SECTION 6.

Section 10-7E-12 NMSA 1978 (being Laws 2003, e a n b 24 Chapter 4, Section 12 and Laws 2003, Chapter 5, Section 12, as u [ amended) is amended to read:

.216265.3 - 11 - "10-7E-12.

HEARING PROCEDURES.-- A.

The board or local board may hold hearings for the purposes of:

(1) information gathering and inquiry;

(2) adopting rules;

and (3) adjudicating disputes and enforcing the provisions of the Public Employee Bargaining Act and rules adopted pursuant to that act.

B.

The board or local board shall adopt rules setting forth procedures to be followed during hearings of the board or local board.

The procedures adopted for conducting adjudicatory hearings shall meet all minimal due process requirements of the state and federal constitutions.

Rules adopted by a local board shall conform to the greatest extent practicable with the rules adopted by the board and shall not be effective until approved by an order of the board.

e e 17 C.

The board or local board may appoint a hearing e e n d 18 examiner to conduct any adjudicatory hearing authorized by the = = l ] 19 board or local board.

At the conclusion of the hearing, the a l r i 20 examiner shall prepare a written report, including findings and t e a t recommendations, all of which shall be submitted to the board m m 21 e d r e 22 or local board for its decision.

c e r c 23 D.

A rule proposed to be adopted by the board or e a n b 24 local board that affects a person or governmental entity u [ outside of the board or local board and its staff shall not be .216265.3 - 12 - adopted, amended or repealed without public hearing and comment on the proposed action before the board or local board.

The public hearing shall be held after notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule, proposed amendment or repeal of an existing rule may be obtained.

All meetings of the board shall be held in New Mexico.

All meetings of local boards shall be held in the county of residence of the local public employer.

Notice shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation in the state or, in the case of a local board hearing, in a newspaper of general circulation in the county, and notice shall be mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearings.

e e 17 E.

All adopted rules shall be filed in accordance e e n d 18 with applicable state statutes.

= = l ] 19 F.

A verbatim record made by electronic or other a l r i 20 suitable means shall be made of every rulemaking and t e a t adjudicatory hearing.

The record shall not be transcribed m m 21 e d r e 22 unless required for judicial review or unless ordered by the c e r c 23 board or local board." e a n b 24 SECTION 7.

Section 10-7E-14 NMSA 1978 (being Laws 2003, u [ Chapter 4, Section 14 and Laws 2003, Chapter 5, Section 14) is .216265.3 - 13 - amended to read:

Upon acceptance of a valid e e 17 petition, the board or a local board shall require the public e e n d 18 employer to provide the labor organization within ten business = = l ] 19 days the names, job titles, work locations, home addresses, a l r i 20 personal email addresses and home or cellular telephone numbers t e a t of any public employee in the proposed bargaining unit.

This m m 21 e d information shall be kept confidential by the labor r e 22 c e 17r c 23 organization and its employees or officers.

The ballot shall e ea n db 1824 contain the name of any labor organization submitting a =u =[ l ] 19 petition containing signatures of at least thirty percent of a.217421.6 l- r15 i- 20SJC/SB 110 the public employees in the appropriate bargaining unit.

The t e a t ballot shall also contain a provision allowing public employees m m 21 e d r e 22 to indicate whether they do not desire to be represented by a c e r c 23 labor organization.

[AnAn election shall only be valid if forty e a n b 24 percent of the eligible employees in the bargaining unit vote u [ in the election.]election. .216265.3 - 14 - B.

B.

e e 17 C.

As an alternative to the provisions of e e n d 18 Subsection A of this section, [a public employer and ] a labor = = l ] 19 organization with a reasonable basis for claiming to represent a l r i 20 a majority of the employees in an appropriate bargaining unit t e a t may [establish an alternative appropriate procedure for m m 21 e d determining majority status.

The procedure may include a labor r e 22 c e 17r c 23 organization's submission of] submit authorization cards from a e ea n db 1824 majority of the employees in an appropriate bargaining unit =u =[ l ] 19 [The board or local board shall not certify an appropriate a.217421.6 l- r16 i- 20SJC/SB 110 bargaining unit if the public employer objects to the t e a t certification without an election] to the board or local board, m m 21 e d r e 22 which shall, upon verification that a majority of the employees c e r c 23 in the appropriate bargaining unit have signed valid e a n b 24 authorization cards, certify the labor organization as the u [ exclusive representative of all public employees in the .216265.3 - 15 - appropriate bargaining unitunit. .

The employer may challenge the verification of the board or local board;

the board or local board shall hold a fact-finding hearing on the challenge to confirm that a majority of the employees in the appropriate bargaining unit have signed valid authorization cards.

Within fifteen days of an election in which no labor organization receives a majority of the votes cast, a e e 17 runoff election between the two choices receiving the largest e e n d 18 number of votes cast shall be conducted.

The board or local = = l ] 19 board shall certify the results of the election, and, when a a l r i 20 labor organization receives a majority of the votes cast, the t e a t board or local board shall certify the labor organization as m m 21 e d the exclusive representative of all public employees in the r e 22 c e r c 23 appropriate bargaining unit.

e a n b 24 E.

An election shall not be conducted if an u [ election or runoff election has been conducted in the twelve- .217421.6 - 17 - SJC/SB 110 month period immediately preceding the proposed representation e e 17 election.

An election shall not be held during the term of an e e n d 18 existing collective bargaining agreement, except as provided in = = l ] 19 Section [16 of the Public Employee Bargaining Act ] 10-7E-16 a l r i 20 NMSA 1978." t e a t SECTION 8.

Section 10-7E-15 NMSA 1978 (being Laws 2003, m m 21 e d r e 22 Chapter 4, Section 15 and Laws 2003, Chapter 5, Section 15) is c e r c 23 amended to read:

e a n b 24 "10-7E-15.

EXCLUSIVE REPRESENTATION.-- u [ A.

A labor organization that has been certified by .216265.3 - 16 - 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 act for all public employees in the appropriate bargaining unit and negotiate a collective bargaining agreement covering all public e e 17 employees in the appropriate bargaining unit.

The exclusive e e n d 18 representative shall represent the interests of all public = = l ] 19 employees in the appropriate bargaining unit without a l r i 20 discrimination or regard to membership in the labor t e a t organization.

A claim by a public employee that the exclusive m m 21 e d representative has violated this duty of fair representation r e 22 c e r c 23 shall be forever barred if not brought within six months of the e a n b 24 date on which the public employee knew, or reasonably should u [ have known, of the violation.

.217421.6 - 18 - SJC/SB 110 B.

This section does not prevent a public employee, e e 17 acting individually, from presenting a grievance without the e e n d 18 intervention of the exclusive representative.

At a hearing on = = l ] 19 a grievance brought by a public employee individually, the a l r i 20 exclusive representative shall be afforded the opportunity to t e a t be present and make its views known.

An adjustment made shall m m 21 e d r e 22 not be inconsistent with or in violation of the collective c e r c 23 bargaining agreement then in effect between the public employer e a n b 24 and the exclusive representative.

u [ C.

A public employer shall provide an exclusive .216265.3 - 17 - representative of an appropriate bargaining unit reasonable access to employees within the bargaining unit, including the following:

6 (a) the right to meet with new e e 17 employees, without loss of employee compensation or leave e e n d 18 benefits;

and = = l ] 19 (b) the right to meet with new employees a l r i 20 within thirty calendar days from the date of hire for a period of at t e a t least thirty minutes but not more than one hundred twenty m m 21 e d minutes, during new employee orientation or, if the public r e 22 c e r c 23 employer does not conduct new employee orientations, at e a n b 24 individual or group meetings;

and u [ (2) for purposes of employees in the .217421.6 - 19 - SJC/SB 110 bargaining unit who are not new employees, reasonable access e e 17 includes:

e e n d 18 (a) the right to meet with employees = = l ] 19 during the employees' regular work hours at the employees' a l r i 20 regular work location to investigate and discuss grievances, t e a t workplace-related complaints and other matters relating to m m 21 e d r e 22 employment relations;

and c e r c 23 (b) the right to conduct meetings at the e a n b 24 employees' regular work location before or after the employees' u [ regular work hours, during meal periods and during any other .216265.3 - 18 - break periods.

A public employer shall permit an exclusive representative to use the public employer's facilities or property, whether owned or leased by the employer, for purposes of conducting meetings with the represented employees in the 6 bargaining unit.

An exclusive representative may hold the e e 17 meetings described in this section at a time and place set by thee exclusivee representative,n providedd that18 the meetingsexclusive dorepresentative. not interfere with the employer's operations.

The exclusive representative = = l ] 19 shall have the right to conduct the meetings without undue a l r i 20 interference and may establish reasonable rules regarding t e a t appropriate conduct for meeting attendees.

m m 21 e d E.

IfThe ameetings publicdescribed employer has the information in thethis employer'ssection records, the public employer shall providenot tor thee exclusive22 representative,c ine anr editablec digital23 fileinterfere formatwith agreed to by the exclusivepublic representative,employer's theoperations. following e e 17 information for each employee in an appropriate bargaining e e n d 18 unit:

=e =a ln ]b 1924 (1)F. the employee's name and date of hire;

If a lpublic remployer ihas the information in the u [ employer's records, the public employer shall provide to the .217421.6 - 20 (2)- contactSJC/SB information,110 including:exclusive representative, in an editable digital file format agreed to by the exclusive representative, the following information for each employee in an appropriate bargaining unit:

t(1) ethe aemployee's tname (a) cellular, home and workdate telephoneof mhire; m 21 e d r e 22 numbers;

c(2) econtact rinformation, cincluding: 23 (b) a means of electronic communication, e a n b 24 including work and personal electronic mail addresses;

and(a) ucellular, [ (c) home addressand orwork personaltelephone mailingnumbers; .216265.3 - 19 - address;

(b) a means of electronic communication, including work and personal electronic mail addresses;

and (c) home address or personal mailing address;

F.G.

The public employer shall provide the information described in Subsection EF of this section to the 6e e 17 exclusive representative within ten calendar days from the date of hire e e n d 18 for newly hired employees in an appropriate bargaining unit, = = l ] 19 and every one hundred twenty calendar days for employees in the a l r i 20 bargaining unit who are not newly hired employees.

The t e a t information shall be kept confidential by the labor m m 21 e d organization and its employees or officers.

Apart from the r e 22 c e r c 23 disclosure required by this subsection, and notwithstanding any e a n b 24 provision contained in the Inspection of Public Records Act, u [ the public employer shall not disclose the information .217421.6 - 21 - SJC/SB 110 described in Subsection EF of this section, or public employees' dates of birth or social security numbers to a third party.

e e 17 G.

An exclusive representative shall have the right e e n d 18 to use the electronic mail systems or other similar = = l ] 19 communication systems of a public employer to communicate with a l r i 20 the employees in the bargaining unit regarding:

t e a t (1) collective bargaining, including the m m 21 e d r e 22 administration of collective bargaining agreements;

c e r c 23 (2) the investigation of grievances or other e a n b 24 disputes relating to employment relations;

and u [ (3) matters involving the governance or .216265.3 - 20 - business of the labor organization.

NothingAn in this section prevents a public employer from providing an exclusive representative accessshall tohave employees within the bargainingright unitto beyonduse the reasonableelectronic accessmail requiredsystems under this section, or limitsother anysimilar existingcommunication 6systems right of a laborpublic organizationemployer to communicate with publicthe employees."employees SECTIONin 9.the bargaining unit regarding:

Section(1) 10-7E-16collective NMSAbargaining, 1978including (beingthe Lawsadministration 2003,of Chaptercollective 4,bargaining Sectionagreements; 16 and Laws 2003, Chapter 5, Section 16) is amended to read:

"10-7E-16.(2) the investigation of grievances or other disputes relating to employment relations;

DECERTIFICATIONand OF(3) EXCLUSIVEmatters REPRESENTATIVE.--involving A.the governance or business of the labor organization.

AI. 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 board for a e e 17 decertification election.

DecertificationNothing electionsin shallthis besection prevents a public employer from providing an exclusive representative access to employees within the bargaining unit beyond the reasonable access required under this section, or limits any existing e e 17 right of a labor organization to communicate with public e e n d 18 heldemployees." in= a= mannerl prescribed] by19 ruleSECTION of9. the board.

AnSection election10-7E-16 =NMSA =1978 l(being ]Laws 192003, shalla onlyl ber validi if20 fortyChapter percent4, ofSection the16 eligibleand employeesLaws a2003, lChapter r5, iSection 2016) inis thet bargaininge unita votet inamended theto election.read:

tm em a21 te B.d "10-7E-16.

WhenDECERTIFICATION thereOF isEXCLUSIVE aREPRESENTATIVE.-- collective bargaining agreement m m 21 e d r e 22 in effect, a request for a decertification election shall be c e r c 23 madeA. to the board or local board no earlier than ninety days e a n b 24 and no later than sixty days before the expiration of the u [ collective bargaining agreement;

provided,A however,member of a requestlabor .216265.3organization -or 21the -labor fore ana electionn b 24 organization itself may beinitiate fileddecertification atof anya timelabor afteru [ organization as the expirationexclusive representative if thirty percent .217421.6 - 22 - SJC/SB 110 of the thirdpublic yearemployees ofin athe collectiveappropriate bargaining agreementunit withmake a termwritten ofrequest moreto thanthe threeboard years.or local board for a decertification election.

Decertification elections shall be held in a manner prescribed by rule of the board.

An election shall only be valid if forty percent of the eligible employees in the bargaining unit vote in the election.

B.

When there is a collective bargaining agreement in effect, a request for a decertification election shall be made to the board or local board no earlier than ninety days and no later than sixty days before the expiration of the collective bargaining agreement;

provided, however, a request for an election may be filed at any time after the expiration of the third year of a collective bargaining agreement with a term of more than three years.

When, within the time period prescribed in Subsection B of this section, a competing labor organization e e 17 files a petition containing signatures of at least thirty e e n d 18 percent of the public employees in the appropriate bargaining = = l ] 19 unit, a representation election rather than a decertification a l r i 20 election shall be conducted.

t e a t D.

When an exclusive representative has been m m 21 e d certified but no collective bargaining agreement is in effect, r e 22 c e r c 23 the board or local board shall not accept a request for a e a n b 24 decertification election or an election sought by a competing u [ labor organization earlier than twelve months subsequent to a .217421.6 - 23 - SJC/SB 110 labor organization's certification as the exclusive representative." e e 17 SECTION 10.

Section 10-7E-17 NMSA 1978 (being Laws 2003, e e n d 18 Chapter 4, Section 17 and Laws 2003, Chapter 5, Section 17) is = = l ] 19 amended to read:

a l r i 20 "10-7E-17.

SCOPE OF BARGAINING.-- t e a t A.

Except for retirement programs provided pursuant m m 21 e d r e 22 to the Public Employees Retirement Act or the Educational c e r c 23 Retirement Act, public employers and exclusive representatives:

e a n b 24 (1) shall bargain in good faith on wages, u [ hours and all other terms and conditions of employment and .216265.3 - 22 - other issues agreed to by the parties.

Entering e e 17 into a collective bargaining agreement shall not obviate the e e n d 18 duty to bargain in good faith during the term of the collective = = l ] 19 bargaining agreement regarding changes to wages, hours and all a l r i 20 other terms and conditions of employment, unless it can be t e a t demonstrated that the parties clearly and unmistakably waived m m 21 e d the right to bargain regarding those subjects.

InHowever, regardno tor thee Public22 Employeesc Retiremente Actr andc the23 Educationalparty Retirementmay Act,be arequired, publicby employerthis inprovision, a written collective bargaining agreement may agree to assumerenegotiate anythe portione of a publicn employee'sb contribution24 obligationexisting toterms retirementof programscollective providedbargaining pursuantagreements toalready thein Publicu Employees[ Retirementplace. e e 17 Act or the Educational Retirement Act.

e.217421.6 e- n24 d- 18SJC/SB 110 B.

TheIn obligationregard to bargain collectively imposed = = l ] 19 by the Public EmployeeEmployees BargainingRetirement Act shalland notthe beEducational construedRetirement asAct, a l r i 20 authorizing a public employer andin ana exclusivewritten representativecollective tbargaining eagreement amay tagree to enterassume intoany anportion agreementof thata ispublic inemployee's conflictcontribution withobligation theto mretirement mprograms 21provided epursuant dto rthe ePublic 22Employees provisionsRetirement ofAct anyor otherthe statuteEducational ofRetirement thisAct. state;

provided,Such cagreements eare rsubject c 23 however, that a collective bargaining agreement that provides e a n b 24 greater rights, remedies and procedures to publicthe employeeslimitations uset [forth than contained in athis statesection. statute shall not be considered to be .216265.3 - 23 - in conflict with that state statute .

In[B.] theC. event of an actual 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.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;

Payrollprovided, deductionhowever, ofthat thea exclusivecollective representative'sbargaining membershipagreement duesthat shallprovides begreater rights, remedies and procedures to public employees than contained in a mandatorystate subjectstatute ofshall bargainingnot ifbe eithere partye chooses17 considered to negotiatebe thein issue.conflict with that state statute.

TheIn amountthe e e n d 18 event of duesan shallactual beconflict certifiedbetween inthe writingprovisions byof anany officialother = = l ] 19 statute of this state and an agreement entered into by the labora organizationl r i 20 public employer and shallthe notexclusive includerepresentative specialin assessments,collective penaltiest ore finesa t bargaining, the statutes of anythis type.state shall prevail.

m m 21 e d [C.] D.

Payroll deduction of the exclusive r e 22 c e r c 23 representative's membership dues shall be a mandatory subject e a n b 24 of bargaining if either party chooses to negotiate the issue.

u [ The amount of dues shall be certified in writing by an official .217421.6 - 25 - SJC/SB 110 of the labor organization and shall not include special assessments, penalties or fines of any type.

Public employees who have authorized the e e 17 payroll deduction of dues to a labor organization may revoke e e n d 18 that authorization by providing written notice to their labor = = l ] 19 organization during a window period not to exceed ten days per a l r i 20 year for each employee.

The public employer and the labor t e a t organization shall negotiate when the commencement of that m m 21 e d r e 22 period will begin annually for each employee.

If no agreement c e r c 23 is reached, the period shall be during the ten days following e a n b 24 the anniversary date of each employee's employment.

Within ten u [ days of receipt of notice from a public employee of revocation .216265.3e -e 2417 - of authorization for the payroll deduction of dues, the labor e e n d 18 organization shall provide notice to the public employer of a = = l ] 19 public employee's revocation of that authorization.

A public a l r i 20 employee's notice of revocation for the payroll deduction of t e a t dues shall be effective on the thirtieth day after the notice 6m m 21 e d provided to the public employer by the labor organization.

No r e 22 c e r c 23 authorized payroll deduction of dues held by a public employer e a n b 24 or a labor organization on theJuly effective1, date of this 2020 act shall be rendered u [ invalid by this provision and shall remain valid until replaced .217421.6 - 26 - SJC/SB 110 or revoked by the public employee.

D.E.

Public employers and a labor organization, or their employees or agents, are not liable for, and have a complete defense to, any claims or actions under the law of e e 17 this state for requiring, deducting, receiving or retaining e e n d 18 fair share dues or fees from public employees, and current or = = l ] 19 former public employees do not have standing to pursue these a l r i 20 claims or actions if the fair share dues or fees were permitted t e a t at the time under the laws of this state then in force and m m 21 e d r e 22 paid, through payroll deduction or otherwise, on or before June c e r c 23 27, 2018.

e a n b 24 (1) applies to all claims and actions pending u [ on theJuly effective1, date of this 2020 act and to claims and .216265.3 - 25 - actions filed on or after thee effectivee date17 ofJuly this1, 20202020; act;

and e e n d 18 (2) shall not be interpreted to infer that any = = l ] 19 relief made unavailable by this section would otherwise be a l r i 20 available.

6t [D.]e E.a t F.

The scope of bargaining for representativesthe ofexclusive publicm schoolsm as21 welle asd educationalrepresentative employeesand inthe state agencies shall include,include asenhancements aof mandatoryr subjecte of22 bargaining,c thee impactr ofc professional23 employee rights and instructionalbenefits decisionsexisting madepursuant byto the employer.Personnel e a n b 24 Act.

[E.]u F.[ [D.] G.

AnThe impassescope resolutionof orbargaining anfor agreementrepresentatives provision.217421.6 by- the27 state- andSJC/SB an110 exclusiveof representativepublic thatschools requiresas thewell expenditureas ofeducational fundsemployees shallin bestate contingentagencies uponshall theinclude, [specific]as appropriationa ofmandatory sufficientsubject fundsof bybargaining, the legislatureimpact [andof theprofessional availabilityand ofinstructional fundsdecisions ].made by the employer.

An[E.] impasseH. resolution or an agreement provision by a public employer other than the state e e 17 or the public schools and an exclusive representative that e e n d 18 requires the expenditure of funds shall be contingent upon the = = l ] 19 [specific] appropriation of sufficient funds by the appropriate a l r i 20 governing body [and the availability of funds ].

An agreementimpasse tresolution eor aan tagreement provision by athe localstate school board and an exclusive m m 21 e d r e 22 representative that requires the expenditure of funds shall be ccontingent eupon rthe cspecific 23appropriation contingentof uponfunds ratification by the appropriatelegislature governingand body.the availability of funds.

eAn impasse resolution or an agreement provision by a npublic bemployer 24other Anthan arbitrationthe decisionstate [shallor notthe ]public mayschools requireand an exclusive representative that requires the appropriateexpenditure uof [funds shall be contingent upon the specific appropriation of funds by the appropriate governing body toand consider the reappropriationavailability of funds.

.216265.3An -agreement 26provision -by [F.]a G.local school board and an exclusive representative that requires the expenditure of funds shall be contingent upon ratification by e e 17 the appropriate governing body.

An agreementarbitration decision shall includee ae grievancen procedured to18 benot usedrequire for the settlementreappropriation of disputesfunds. pertaining to employment terms and conditions and related personnel matters.

The= grievance= procedurel shall] provide19 for[F.] aI. final and binding determination.

TheAn finalagreement determination shall constituteinclude ana arbitrationgrievance awarda withinl r i 20 procedure to be used for the meaningsettlement of thedisputes Uniformpertaining Arbitrationt Act;e a t to employment terms and conditions and related personnel m m 21 e d matters.

suchThe awardgrievance procedure shall beprovide subjectfor toa judicialfinal reviewand pursuantr toe the22 standardc sete forthr inc the23 Uniformbinding Arbitrationdetermination. Act.

The final determination shall e a n b 24 constitute an arbitration award within the meaning of the u [ Uniform Arbitration Act;

such award shall be subject to .217421.6 - 28 - SJC/SB 110 judicial review pursuant to the standard set forth in the Uniform Arbitration Act.

[G.] H.J.

e e 17 (2) collective bargaining sessions;

and e e n d 18 (3) consultations and impasse resolution = = l ] 19 procedures at which the public employer and the exclusive a l r i 20 representative of the appropriate bargaining unit are present." t e a t SECTION 11.

Section 10-7E-18 NMSA 1978 (being Laws 2003, m m 21 e d r e 22 Chapter 4, Section 18 and Laws 2003, Chapter 5, Section 18) is c e r c 23 amended to read:

e ae n17 b 24 "10-7E-18.

IMPASSE RESOLUTION.-- ue [e n d 18 A.

The following negotiations and impasse .216265.3= -= 27l -] 19 procedures shall be followed by the state and exclusive a l r i 20 representatives for state employees:

t e a t (1) a request to the state for the m m 21 e d commencement of initial negotiations shall be filed in writing r e 22 c e r c 23 by the exclusive representative no later than June 1 of the e a n b 24 year in which negotiations are to take place.

Negotiations u [ shall begin no later than July 1 of that year;

.217421.6 - 29 - SJC/SB 110 (2) in subsequent years, negotiations agreed to by the parties shall begin no later than August 1 following the submission of written notice to the state by the exclusive representative no later than July 1 of the year in which negotiations are to take place;

A mediator from the federal mediation e e 17 and conciliation service shall be assigned by the board to e e n d 18 assist in negotiations unless the parties agree to another = = l ] 19 mediator;

a l r i 20 (4) the mediator shall provide services to the t e a t parties until the parties reach agreement or the mediator m m 21 e d r e 22 believes that mediation services are no longer helpful or until c e r c 23 [November 1] thirty days after the mediator was requested, e ae n17 b 24 whichever occurs first;

and ue [e n d 18 (5) if the impasse continues after [November .216265.3= -= 28l -] 19 1] the time described in Paragraph (4) of this subsection, a l r i 20 either party may request a list of seven arbitrators from the t e a t federal mediation and conciliation service.

One arbitrator m m 21 e d shall be chosen by the parties by alternately striking names r e 22 c e r c 23 from such list.

Who strikes first shall be determined by coin e a n b 24 toss.

The arbitrator shall render a final, binding, written u [ decision resolving unresolved issues pursuant to Subsection E[E ] .217421.6 - 30 - SJC/SB 110 H of Section [17 of the Public Employee Bargaining ActAct] ] 10-7E-17 NMSA 1978 and the Uniform Arbitration Act no later than thirty days after the arbitrator has been notified of [his or herher] ] selection by the parties.

Each party shall be responsible for bearing the cost of presenting its e e 17 case.

The decision shall be subject to judicial review e e n d 18 pursuant to the standard set forth in the Uniform Arbitration = = l ] 19 Act.

a l r i 20 B.

The following impasse procedures shall be t e a t followed by all public employers and exclusive representatives, m m 21 e d r e 22 except the state and the state's exclusive representatives:

c e r c 23 (1) if an impasse occurs, either party may e ae n17 b 24 request from the board or local board that a mediator be ue [e n d 18 assigned to the negotiations unless the parties can agree on a .216265.3= -= 29l -] 19 mediator.

A mediator with the federal mediation and a l r i 20 conciliation service shall be assigned by the board or local t e a t board to assist negotiations unless the parties agree to m m 21 e d another mediator;

and r e 22 c e r c 23 (2) if the impasse continues after a thirty- e a n b 24 day mediation period, either party may request a list of seven u [ arbitrators from the federal mediation and conciliation .217421.6 - 31 - SJC/SB 110 service.

The arbitrator shall render a final, binding, written decision resolving unresolved issues pursuant to Subsection E[E ] H of Section [17 of the Public Employee Bargaining Act] 10-7E-17 NMSA 1978 and the Uniform Arbitration Act no later than thirty days after the arbitrator has been notified of [his or her ] selection by the parties.

The arbitrator's decision shall be limited to a selection of one of e e 17 the two parties' complete, last, best offer.

The costs of an e e n d 18 arbitrator and the arbitrator's related costs conducted = = l ] 19 pursuant to this subsection shall be shared equally by the a l r i 20 parties.

Each party shall be responsible for bearing the cost t e a t of presenting its case.

The decision shall be subject to m m 21 e d r e 22 judicial review pursuant to the standard set forth in the c e r c 23 Uniform Arbitration Act.

e ae n17 b 24 C.

A public employer other than the state may enter ue [e n d 18 into a written agreement with the exclusive representative .216265.3= -= 30l -] 19 setting forth an alternative impasse resolution procedure.

a l r i 20 D.

In the event that an impasse continues after the t e a t expiration of a contract, the existing contract will continue m m 21 e d in full force and effect until it is replaced by a subsequent r e 22 c e r c 23 written agreement.

However, this shall not require the public e a n b 24 employer to increase any employees' levels, steps or grades of u [ compensation contained in the existing contract." .217421.6 - 32 - SJC/SB 110 SECTION 12.

e e 17 B.

interfere with, restrain or coerce a public e e n d 18 employee in the exercise of a right guaranteed pursuant to the = = l ] 19 Public Employee Bargaining Act or use public funds to influence a l r i 20 the decision of its employees or the employees of its t e a t subcontractors regarding whether to support or oppose a labor m m 21 e d r e 22 organization that represents or seeks to represent those c e r c 23 employees, or whether to become a member of any labor e ae n17 b 24 organization;

provided, however, that this subsection does not ue [e n d 18 apply to activities performed or expenses incurred:

.216265.3= -= 31l -] 19 (1) addressing a grievance or negotiating or a l r i 20 administering a collective bargaining agreement;

t e a t (2) allowing a labor organization or its m m 21 e d representatives access to the public employer's facilities or r e 22 c e r c 23 properties;

6e a n b 24 (3) performing an activity required by federal u [ or state law or by a collective bargaining agreement;

.217421.6 - 33 - SJC/SB 110 (4) negotiating, entering into or carrying out an agreement with a labor organization;

dominate or interfere in the formation, e e 17 existence or administration of a labor organization;

e e n d 18 D.

discriminate in regard to hiring, tenure or a = = l ] 19 term or condition of employment in order to encourage or a l r i 20 discourage membership in a labor organization;

t e a t E.

discharge or otherwise discriminate against a m m 21 e d r e 22 public employee because [he ] the employee has signed or filed c e r c 23 an affidavit, petition, grievance or complaint or given e ae n17 b 24 information or testimony pursuant to the provisions of the ue [e n d 18 Public Employee Bargaining Act or because a public employee is .216265.3= -= 32l -] 19 forming, joining or choosing to be represented by a labor a l r i 20 organization;

t e a t F.

refuse to bargain collectively in good faith m m 21 e d with the exclusive representative;

r e 22 c e r c 23 G.

refuse or fail to comply with a provision of the e a n b 24 Public Employee Bargaining Act or board rule;

or u [ H.

refuse or fail to comply with a collective .217421.6 - 34 - SJC/SB 110 bargaining agreement." SECTION 13.

SectionREPEAL.--Sections 10-7E-11 and 10-7E-26 NMSA 1978 (being Laws 2003, Chapter 4, Section 2611 and Laws 2003, Chapter 5, Section 26)11; is repealed and a new Section 10-7E-26 NMSA 1978 is enacted to read:

"10-7E-26.and Laws 2003, Chapter 4, Section 26 and Laws 2003, Chapter 5, Section 26) are repealed.

[NEWSECTION MATERIAL14. ] PREEMPTION OF EXISTING PUBLIC EMPLOYEE BARGAINING ORDINANCES--EXCEPTION.-- A.

WithEFFECTIVE theDATE.--The exceptioneffective ofdate an ordinance, resolution or charter amendment creating a local board that continues to e e 17 exist by virtue of the election described in Subsection B of e e n d 18 Section 10-7E-10 NMSA 1978, an ordinance, resolution or charter = = l ] 19 amendment adopted by a public employer other than the state a l r i 20 that contains a system of provisions and procedures permitting t e a t employees to form, join or assist a labor organization for the m m 21 e d r e 22 purpose of bargainingthis collectivelyact through exclusive c e r c 23 representatives is preemptedJuly by1, the2020. Public Employee Bargaining e a n b 24 Act and is null and void upon the effective date of this 2020 u [ act.

.216265.3 - 3335 - B.10 12 14 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .217421.6

An ordinance, resolution or charter amendment adopted by a public employer whose local board continues to exist by virtue of the election described in Subsection B of Section 10-7E-10 NMSA 1978 shall only remain valid if it provides the same or greater rights to public employees and labor organizations as the Public Employee Bargaining Act, allows for the effective determination of, and remedies for, an action that would constitute a prohibited practice under the Public Employee Bargaining Act and contains impasse resolution procedures equivalent to those set forth in Section 10-7E-18 NMSA 1978.

An ordinance, resolution or charter amendment that does not meet the conditions of this subsection may be cured of that defect within ninety days of the effective date of this 2020 act, after which time the ordinance shall become null and void.

The public employer's changes to its ordinance shall be specifically limited to the cure provisions in this e e 17 subsection." e e n d 18 SECTION 14.

REPEAL.--Section 10-7E-11 NMSA 1978 (being = = l ] 19 Laws 2003, Chapter 4, Section 11 and Laws 2003, Chapter 5, a l r i 20 Section 11) is repealed.

t e a t - 34 - m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .216265.3