This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case concerns the application of the grandfather clause in the New Mexico Public Employee Bargaining Act (PEBA) to two provisions of the City of Deming's labor relations ordinance. The ordinance excludes fire department officers from bargaining units based on job titles and provides for advisory arbitration in labor-management impasse procedures. The Deming Firefighters Local 4521 challenged these provisions, arguing they conflict with the PEBA, which bases exclusions on job responsibilities and mandates binding arbitration for impasses (paras 1-3).
Procedural History
- City Board Decision: Denied the Union's petition for recognition based on the ordinance (para 4).
- New Mexico Public Employee Labor Relations Board (PELRB): Held that the ordinance provisions were invalid under the PEBA and not entitled to grandfather protection. It remanded the case to the City Board to determine the appropriate bargaining unit (para 4).
- District Court of Bernalillo County: Reversed the PELRB's decision regarding the exclusion of captains from bargaining units, finding the provision valid under the grandfather clause. Affirmed the PELRB's decision that the impasse procedures were not entitled to grandfather protection (para 5).
Parties' Submissions
- City of Deming: Argued that the ordinance provisions were protected under the grandfather clause, which precludes the PELRB's jurisdiction. It contended that the City Board had exclusive jurisdiction over the matter (paras 11, 15-16).
- Deming Firefighters Local 4521: Asserted that the ordinance provisions violated the PEBA by categorically excluding captains from collective bargaining and failing to provide binding arbitration for impasses. It argued that the provisions were not entitled to grandfather protection (paras 4, 13).
Legal Issues
- Does the grandfather clause in the PEBA apply to the City of Deming's ordinance provision excluding fire captains from bargaining units based on job titles?
- Does the grandfather clause in the PEBA apply to the City of Deming's ordinance provision for advisory arbitration in labor-management impasse procedures?
- Does the PELRB have jurisdiction to determine the validity of the ordinance provisions under the PEBA?
Disposition
- The Court of Appeals reversed the district court's ruling that the grandfather clause applies to the provision excluding captains from bargaining units (para 24).
- The Court of Appeals reversed the district court's ruling that the grandfather clause does not apply to the ordinance's impasse procedures (para 24).
- The case was remanded to the PELRB for a hearing to determine its jurisdiction (para 24).
Reasons
Per Wechsler J. (Pickard and Kennedy JJ. concurring):
Exclusion of Captains from Bargaining Units: The Court held that the ordinance's categorical exclusion of captains based on job titles conflicts with the PEBA, which bases exclusions on job responsibilities. Under Regents of the University of New Mexico v. New Mexico Federation of Teachers, the grandfather clause must be narrowly construed. The ordinance does not meet the PEBA's requirements for collective bargaining rights, and additional evidence on captains' job responsibilities is needed to determine jurisdiction (paras 10-14).
Impasse Procedures: The Court found that the grandfather clause applies to the ordinance's advisory arbitration procedures. The PEBA's definition of "collective bargaining" does not impose qualitative requirements, and the legislative history indicates that advisory arbitration was acceptable under the original PEBA. The Court rejected the district court's reasoning that the ordinance failed to provide a meaningful opportunity for collective bargaining (paras 18-23).
Jurisdiction of the PELRB: The Court clarified that the PELRB has the authority to determine its jurisdiction, even if the grandfather clause might apply. The PELRB must conduct a hearing to assess whether the ordinance provisions meet the requirements of the grandfather clause (paras 11-17).