Signed by Governor Michelle Lujan Grisham

Vote Smart's Synopsis:

Vote to pass a bill that expands the bargaining rights to public sector employees.

Highlights:

• Defines “public employee” to include employees whose work is funded in whole or in part by grants or other third-party sources (Sec. 2).

• Specifies that public employees have the right to engage in concerted activities for mutual aid or benefit (Sec. 3).

• Authorizes the board or local board of a labor organization to have the power to remedy (Sec. 4):

• Actual damages related to dues;

• Back pay including benefits;

• Reinstatement with the same seniority status that the employee would have had had it not been for the violation;

• Declaratory or injunctive relief of punitive remedies; and

• Temporary restraining orders or preliminary injunctions.

• Prohibits any punitive damages or attorney fees from being awarded by the board or local board (Sec. 4).

• Requires the board to maintain current versions of its rules on a publicly accessible website and to include a current listing of the members of the board and each local board (Sec. 4).

• Requires that upon acceptance of a valid petition, the board or local board shall require the public employer to provide the labor organization with the following information regarding any public employee in a proposed bargaining unit within 10 business days (Sec. 7):

• Names and job titles;

• Work locations and home addresses; and

• Personal email addresses and home cellular phone numbers.

• Requires a board or local board to, upon verification that a majority of employees signed authorization cards, certify the labor organization as the exclusive representative of all public employees in the appropriate bargaining unit (Sec. 7).

• Specifies that a public employee making the claim that their representative has violated the duty of fair representation shall be forever barred if not made within 6 months of the date on which the public employee knew of the violation (Sec. 8).

• Requires a public employer to provide a collective bargaining unit reasonable access to employees in the unit, including (Sec. 8):

• the right to meet with newly hired employees during regular work hours at the employees’ regular work location in order to investigate and discuss grievances, workplace-related complaints, and other matters related to employment relations; and

• The right to conduct meetings at an employees’ work location before or after their regular work hours, during meal periods, or during any other break periods.

• Authorizes the exclusive representative of a collective bargaining unit the right to use the electronic mail system or other communication system of the public employer for communicating with the employees in the unit regarding the (Sec. 8):

• Administration of collective bargaining agreements;

• Investigations of grievances or other disputes relating to employment relations; and

• Matters involving the governance or business of the labor organization.

• Specifies that a collective bargaining agreement providing greater rights, remedies and procedures to public employees does not conflict with state statute (Sec. 10).

• Authorizes public employees who have authorized payroll deduction of dues to a labor organization, to revoke that payroll deduction authorization by providing written notice to their labor organization during a window period not to exceed 10 days per year (Sec. 10).

• Prohibits a public employer representative from using public funds to influence the decisions of its employees on whether to support or oppose a labor organization that seeks to represent those employees (Sec. 12).

• Specifies that this act shall go into effect July 1, 2020 (Sec. 14).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that expands the bargaining rights to public sector employees.

Highlights:

• Defines “public employee” to include employees whose work is funded in whole or in part by grants or other third-party sources (Sec. 2).

• Specifies that public employees have the right to engage in concerted activities for mutual aid or benefit (Sec. 3).

• Authorizes the board or local board of a labor organization to have the power to remedy (Sec. 4):

• Actual damages related to dues;

• Back pay including benefits;

• Reinstatement with the same seniority status that the employee would have had had it not been for the violation;

• Declaratory or injunctive relief of punitive remedies; and

• Temporary restraining orders or preliminary injunctions.

• Prohibits any punitive damages or attorney fees from being awarded by the board or local board (Sec. 4).

• Requires the board to maintain current versions of its rules on a publicly accessible website and to include a current listing of the members of the board and each local board (Sec. 4).

• Requires that upon acceptance of a valid petition, the board or local board shall require the public employer to provide the labor organization with the following information regarding any public employee in a proposed bargaining unit within 10 business days (Sec. 7):

• Names and job titles;

• Work locations and home addresses; and

• Personal email addresses and home cellular phone numbers.

• Requires a board or local board to, upon verification that a majority of employees signed authorization cards, certify the labor organization as the exclusive representative of all public employees in the appropriate bargaining unit (Sec. 7).

• Specifies that a public employee making the claim that their representative has violated the duty of fair representation shall be forever barred if not made within 6 months of the date on which the public employee knew of the violation (Sec. 8).

• Requires a public employer to provide a collective bargaining unit reasonable access to employees in the unit, including (Sec. 8):

• the right to meet with newly hired employees during regular work hours at the employees’ regular work location in order to investigate and discuss grievances, workplace-related complaints, and other matters related to employment relations; and

• The right to conduct meetings at an employees’ work location before or after their regular work hours, during meal periods, or during any other break periods.

• Authorizes the exclusive representative of a collective bargaining unit the right to use the electronic mail system or other communication system of the public employer for communicating with the employees in the unit regarding the (Sec. 8):

• Administration of collective bargaining agreements;

• Investigations of grievances or other disputes relating to employment relations; and

• Matters involving the governance or business of the labor organization.

• Specifies that a collective bargaining agreement providing greater rights, remedies and procedures to public employees does not conflict with state statute (Sec. 10).

• Authorizes public employees who have authorized payroll deduction of dues to a labor organization, to revoke that payroll deduction authorization by providing written notice to their labor organization during a window period not to exceed 10 days per year (Sec. 10).

• Prohibits a public employer representative from using public funds to influence the decisions of its employees on whether to support or oppose a labor organization that seeks to represent those employees (Sec. 12).

• Specifies that this act shall go into effect July 1, 2020 (Sec. 14).

Full Bill Text