New Mexico Register / Volume XXXI, Issue 3 / February 11,
2020
This
is an amendment to 11.21.5 NMAC, Sections 12 and 13 effective 2/11/2020.
Statute
citations throughout the rule were corrected to conform to correct legislative
styles.
11.21.5.12 REVIEW OF LOCAL BOARD APPLICATIONS BY THE BOARD:
A. Upon
receiving an application for approval of a local board ordinance, charter amendment, or resolution the board shall conduct an administrative review of the
application and, at a properly noticed public meeting or hearing, shall
formally approve or disapprove the application.
Public notice of such meetings or hearings shall be provided as required
by law.
B. In
considering an application for approval of a local board ordinance, charter amendment, or resolution, the board shall review all applications for approval of [local boards]
such ordinance, charter amendment or resolution, in light of the requirements of Section 10 of the Act and
11.21.5 NMAC. The board shall require
that the ordinance, resolution or charter amendment creating the local board be
amended as necessary in order to meet the requirements of Section 10 of the Act
and 11.21.5 NMAC, and to be approved.
C. Upon a
finding that the application for the local board ordinance, charter amendment, or resolution meets statutory and regulatory requirements, the board
shall approve such application and remand to the local board once it is duly appointed,
any proceedings held in abeyance. The PELRB retains jurisdiction over all matters abated pursuant to
11.21.5.11 NMAC until such time as a local board created pursuant to an
approved ordinance, resolution or charter amendment is duly appointed and
functioning. If within 60 days following
approval of an application under this rule the
local board is not duly constituted or, if after being duly constituted
fails to meet regarding any remanded issues or to promulgate rules necessary to
accomplish and perform its functions as established in Section 11 of the Act,
or if it fails to act on or respond to a filing by an employee organization or
public employer or public employee
within a reasonable time, or otherwise acts in a manner inconsistent
with the precedent of the public employee labor relations board, the board’s
approval shall be revoked in accordance with 11.21.5.14 NMAC below and this
board shall exercise its jurisdiction over any matters that, but for the
application, would be subject to the Act.
The decisions and findings of the board in any such matter shall be
binding on the local board, the public employer, the employee organization or
public employee consistent with the provisions of Subsection A
of Section 10 of the Act.
D. In the
event [that]
an application demonstrates that the local board ordinance, charter amendment, or resolution does not meet the standards of Section 10 of the Act and
11.21.5 NMAC, the application shall be rejected and returned to the public
employer. Thereupon, the public employer
shall have a period of the balance of the 45 calendar days, or an additional 10
days from receipt of notice of rejection, whichever is later, in which to make
such changes as are necessary to qualify for approval and resubmit its
application. After the expiration of
time in which an application may be resubmitted any matters then pending before
the board relevant to that public employer shall be processed in accordance
with the board's procedures.
[11.21.5.12
NMAC - N, 3/15/2004; Rn, 11.21.5.14 NMAC & A, 2/28/2005; A, 2/11/2020]
11.21.5.13 POST APPROVAL REPORTING REQUIREMENTS: Following
board approval of a local board, the local board or the public employer that
created it shall file with the board [and] any amendments to the
ordinance, resolution, or charter amendment, creating the local board and
timely respond to any inquiries by this board or its staff made pursuant to
Section 9 of the Act. Upon a finding
by the board that the local board no longer meets the requirements of Section
10 of the act, the local board shall be so notified and be given a period of 30
days to come into compliance or prior approval shall be revoked.
[11.21.5.13
NMAC - N, 3/15/2004; Rn, 11.21.5.15 NMAC & A, 2/28/2005; A, 2/11/2020]