New Mexico Register / Volume XXXI, Issue 9 /
May 5, 2020
NOTICE OF PROPOSED RULEMAKING
The
New Mexico Public Employee Labor Relations Board (“PELRB”) hereby gives notice
that it will conduct a public hearing via video conference on June 4, 2020,
from 1:30 p.m. to 4:00 p.m. The purpose
of the public hearing will be to obtain input on the proposed amendment of
PELRB administrative rules as described below. Copies of the proposed
rules may be accessed on the PELRB website (http://www.pelrb.state.nm.us) or at
the PELRB offices. Concerned parties may provide comments at the public hearing
or submit written comments prior to the hearing. Written comments may be
submitted to the PELRB via US Mail c/o Matthew Huchmala, Administrative
Assistant; New Mexico Public Employee Labor Relations Board; 2929 Coors Blvd.
NW, Suite 303; Albuquerque, NM 87102; or by electronic mail to
matt.huchmala@state.nm.us. The
submission of written comments as soon as possible is encouraged. Written
comments must be received no later than 5:00 p.m. on December 1, 2019.
To
participate in the videoconference, please visit our website,
pelrb.state.nm.us, or contact the administrative assistant at
matt.huchmala@state.nm.us for instructions on how to participate. This information can be provided in a variety
of accessible formats. If you are an
individual who requires an alternative format or any other form of auxiliary
aid to attend or participate in the rulemaking process, please contact the
administrative assistant at 505-831-5422 or matt.huchmala@state.nm.us as soon
as possible to arrange the appropriate accommodations.
Statutory Authority
Authority
for this rulemaking is the Public Employee Bargaining Act, NMSA 1978 §§ 10-7E-1
through 10-7E-26 (2003, amended 2005).
Summary of Proposed Changes
This list provides a concise
statement of the various ways the proposed rules change or codify current
practice, and the general reasoning in support of the changes. It is not an
elaborate analysis of the rules or of the detailed considerations upon which
they are based; rather, it is designed to enable the public to obtain a general
idea of the purpose of, and a statement of the basic justification for, the
rules. As this list shows, the
amendments provide targeted solutions to discrete, specifically identified
problems. If the proposed change removes language, that is indicated by text
with strikethrough (e.g.[removed language]); if
the proposed change adds language, that is indicated by text with underlining
(e.g. added language).
11.21.1.7 DEFINITIONS: Changes
to this section remove duplicitous definition also found in the PEBA, renumbers
sections affected by the deletion, and removes gender-specific language.
11.21.1.11 REPRESENTATION OF A PARTY: Changes to this section remove
gender-specific language
11.21.2.8 COMMENCEMENT OF CASE: Changes to this
section remove gender-specific language
11.21.2.25 PRE-ELECTION CONFERENCE: These
changes add language that allows for conducting an election using electronic
ballots
11.21.2.27 BALLOTS AND VOTING: This change adds language referring
to electronically conducted elections in light of the changes to 11.21.2.25
allowing electronic balloting.
11.21.2.36
CERTIFICATION OF INCUMBENT
BARGAINING STATUS: Changes to this section clarify the
title and reconcile the rule to amendments to Section 10 of the PEBA.
11.21.2.36 UNIT
CLARIFICATION: Changes to this section remove gender-specific
language
11.21.2.40 PETITION WITHDRAWAL: Changes to this section remove
gender-specific language
11.21.3.16 PROHIBITED PRACTICES HEARINGS: Changes to this
section remove gender-specific language, and adds language clarifying who may
call witnesses.
11.21.3.18 HEARING EXAMINER REPORTS: Changes to this
section remove gender-specific language, and adds language clarifying the type
of document the hearing examiner will produce
11.21.3.22 ARBITRATION DEFERRAL: Changes to this
section remove gender-specific language, and adds language clarifying the type
of relief available
11.21.5.6 OBJECTIVE: Changes in this section reflect changes to the process by which local
boards may continue to operate in light of amendments to Section 10 of the PEBA
11.21.5.8 APPLICATION: Changes in this section change the contents of an application local boards must submit to continue to
operate and the procedure for approval of such applications in light of
amendments to Section 10 of the PEBA
11.21.5.11 ABATEMENT:
These changes strike
the old rule because it is no longer necessary in light of the amendments to
the PEBA and replaces it with a rule regarding the submissions required by the
amendments to Section 10 of the PEBA.
11.21.5.12 REVIEW OF LOCAL BOARD APPLICATIONS
BY THE BOARD: These changes alter the procedure for
approval of local boards in light of the amendments to Sections 9 and 10 of the
PEBA.
11.21.5.13 POST APPROVAL REPORTING
REQUIREMENTS: This change adds a local board’s
procedural rules to the post-approval reporting requirements of local boards in
light of the amendments to Section 10 of the PEBA.
11.21.6
CONCURRENT PENDING
RELATED CASES: This change strikes the entirety of Part 6 due
to the amendments to Section 10 of the PEBA which make the situation it
contemplates logically impossible.
The PELRB invites members of the public to comment on draft
proposed regulations. Members of the
public may comment during PELRB’s meeting of June 5, 2020, scheduled for that
purpose or by submitting written comments prior to that meeting.
Written comments must be submitted no later than 5:00 p.m. on
June 4, 2019.
Please send comments to the PELRB care of Matthew Huchmala,
Executive Administrative Assistant to the Board, either by email to matt.huchmala@state.nm.us, or have a hard copy delivered to Mr. Huchmala’s
attention at the PELRB’s Albuquerque office. There is no need to provide
comments via both email and hard copy.