TITLE 11 LABOR AND WORKERS COMPENSATION
CHAPTER 21 LABOR UNIONS/LABOR RELATIONS
PART 5 LOCAL BOARDS
11.21.5.1 ISSUING AGENCY: Public
Employee Labor Relations Board, 2929 Coors NW, Suite #303, Albuquerque, NM 87120, (505) 831-5422.
[11.21.5.1 NMAC - N,
3/15/2004]
11.21.5.2 SCOPE: The
scope of Part 5 of Chapter 21 applies to public employers and labor
organizations as defined by the Public Employee Bargaining Act (1-7E-1 to 10
7E-26 NMSA 1978).
[11.21.5.2 NMAC - N,
3/15/2004]
11.21.5.3 STATUTORY AUTHORITY:
Authority for Part 5 of Chapter 21 is the Public Employee Labor
Relations Act, Sections 1 through 26 (10-7E-1 to 1-7E-26 NMSA 1978).
[11.21.5.3 NMAC - N,
3/15/2004]
11.21.5.4 DURATION:
Permanent.
[11.21.5.4 NMAC - N,
3/15/2004]
11.21.5.5 EFFECTIVE DATE: March
15, 2004, unless otherwise cited at the end of the section.
[11.21.5.5 NMAC - N,
3/15/2004]
11.21.5.6 OBJECTIVE: The objective of Part 5 Chapter 21 is to provide procedures necessary for a public employer other than the state to comply with the provisions of Sections 10-7E-9 and 10-7E-10 NMSA 1978 (2020) for continued operation of a local labor board.
[11.21.5.6 NMAC - N, 3/15/2004, A; 7/1/2020; A, 8/9/2022]
11.2.1.5.7 DEFINITIONS: [RESERVED]
[11.21.5.7 NMAC - N,
3/15/2004]
11.21.5.8 BIENNIAL AFFIRMATIONS: Any
local board approved pursuant to Subsection A above, shall submit the
affirmation required by Subsection D of Section 10 of the Act between November
1, and December 31 of each odd numbered year. Affirmations shall be filed with
the board in accordance with NMAC 11.21.1.10 and shall substantially conform
with the form created for that purpose and posted on the board’s website.
[11.21.5.8 NMAC - N,
3/15/2004; A, 7/1/2020; A, 8/9/2022]
11.21.5.9 [RESERVED]
[11.21.5.9 NMAC - N,
3/15/2004; Rn, 11.21.5.13 NMAC & A, 2/28/2005; A, 7/1/2020; Repealed
8/9/2022]
11.21.5.10 CONTENTS OF APPLICATION FOR
VARIANCE FROM BOARD APPROVED ORDINANCE, RESOLUTION, OR CHARTER AMENDMENT:
A. In certain instances
variances from the board approved ordinance, resolution or charter amendment
may be required by the unique facts and circumstances of the relevant local
public employer, to effectuate the purposes of the Act.
B. In such instances, an
application for approval shall be submitted to the PELRB which specifies the
particular facts and circumstances requiring such variance,
and inform the board of any exclusive representing employees of the
local public employer, and any other labor organizations believed by the public
employer to be involved in attempting to organize any local public employees.
C. Upon receipt of an application
for approval seeking variance from a board approved ordinance, resolution or
charter amendment, the director shall hold a status conference with the local
public employer or its representative and any identified interested labor
organizations, to determine the issues and set a hearing date. Upon setting a hearing, the director shall
cause notice of the hearing to be issued in accordance with Subsection B of
11.21.1.16 NMAC of these rules. In the event that the board determines that such variance is
warranted, and the resolution, ordinance or charter amendment otherwise
conforms to the requirements of the Act and these rules, it shall authorize the
director to proceed in processing the application pursuant to these rules.
[11.21.5.10 NMAC -
N, 3/15/2004; Repealed 2/28/2005; N, 2/28/2005; A, 8/9/2022]
11.21.5.11 SUBMISSION
OF RULES:
A. Each local board, shall submit a verified copy of the
procedural rules enacted by the applying local board necessary to accomplish
its functions and duties under the Act.
B. Any
proposed changes to the procedural rules of a local board must be approved by
the PELRB prior to being enacted by the local board using the procedure set
forth in 11.21.5.9 NMAC for ordinances, resolutions, and charter amendments.
[11.21.5.11 NMAC – Rp, 11.21.5 NMAC, N,
7/1/2020; A, 8/9/2022]
11.21.5.12 REVIEW OF
LOCAL BOARD APPLICATIONS BY THE BOARD:
A. Upon
receiving an application for approval pursuant to 11.21.5.9 or 11.21.5.10 of
these rules, 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 such an application for approval, the board shall review all
applications for approval 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.
C. Upon
a finding that the application meets statutory and regulatory requirements, the
board shall approve such application If after approval pursuant to this rule a local
board 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 Section 10-7E-9 NMSA 1978 (2020) the board shall
exercise its jurisdiction over any matters then pending before the local board
pursuant to Section 2 of the Act.
D. In
the event an application demonstrates that the proposed change 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.
[11.21.5.12 NMAC - N, 3/15/2004; Rn,
11.21.5.14 NMAC & A, 2/28/2005; A, 2/11/2020; A, 7/1/2020; A, 8/9/2022]
11.21.5.13 LOCAL BOARD REPORTING REQUIREMENTS:
A. Following board approval of a local board, the local board or the
public employer that created it shall file with the board any amendments to the
ordinance, resolution, or charter amendment, creating the local board, or any
procedural rules within 30 days of such changes, and timely respond to any
inquiries by this board of its staff made pursuant to Sections 9 and 10 of the
Act.
B. Each local board shall inform the board of
any changes to the membership of the local board within 30 days of the
resignation or appointment of any member of the local board. Such communications
shall be in writing and filed with the board in accordance with 11.21.1.10
NMAC.
[11.21.5.13 NMAC -
N, 3/15/2004; Rn, 11.21.5.15 NMAC & A, 2/28/2005; A, 7/1/2020; A, 8/9/2022]
11.21.5.14 REVOCATION OF APPROVAL OF LOCAL
BOARD: Upon the issuance of a final order of the
board or judgment by a court of competent jurisdiction, finding that a local
board is not in compliance with the Act, all matters theretofore pending before
the local board shall be removed to and come under the jurisdiction of the board.
[11.21.5.14 NMAC -
N, 3/15/2004; Rn, 11.21.5.16 NMAC & A, 2/28/2005; A, 7/1/2020]
11.21.5.15 [RESERVED]
[11.21.5.15 NMAC -
N, 3/15/2004; A, 2/28/2005]
11.21.5.16 [RESERVED]
[11.21.5.16 NMAC -
N, 3/15/2004; A, 2/28/2005]
History of 11.21.5
NMAC:
Pre-NMAC History: The
material in this part was derived from that previously filed with the
commission of public records-state records center and archives:
PELRB 5, Approval of
Local Boards, filed 3/18/1993.
History of
Repealed Material: 11 NMAC 21.5, Approval of Local Boards (filed
6/24/1996), repealed as a result of the internal duration of rule, stated as
7/1/1999.
Other History:
PELRB 5, Approval of
Local Boards, filed 3/18/1993 was renumbered
and replaced by 11 NMAC 21.5, Approval of Local Boards, filed 6-24-96.
11 NMAC 21.5,
Approval of Local Boards, filed 6/24/1996, was replaced by 11.21.5 NMAC,
Approval of Local Boards, effective 3/15/2004.