304 P.3d 443
N.M. Ct. App.2013Background
- LMRO governs City–Unions bargaining; pre-1991 LMRO system may be exempt from PEBA evergreen rules if grandfathered.
- LMRO amendments last updated in 2002; LMRO contains impasse procedures but not a requirement that expired CBAs stay in effect.
- On June 30, 2011 several CBAs between City and Unions expired and negotiations stalled.
- After expiration, City stopped honoring certain CBA provisions but offered leave-without-pay and other arrangements for union representation.
- Unions sought injunctive relief to enforce expired CBAs pending successor agreements under PEBA’s evergreen provision (10-7E-18(D)).
- District court granted injunctive relief; City appeals, arguing LMRO is grandfathered and exempt from evergreen, thus not bound by 10-7E-18(D).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether grandfather status exempts LMRO from evergreen provision | Unions argue evergreen applies despite grandfather status | City contends grandfather status exempts LMRO from evergreen | Yes; grandfather status exempts LMRO from evergreen |
| Whether absence of evergreen in LMRO violates PEBA | Unions claim PEBA evergreen mandatory regardless of grandfather status | City argues evergreen not required due to grandfather clause | No; evergreen not required where grandfather status applies |
| Legislative intent regarding pre- vs post-1991 grandfathered systems | Legislature intended evergreen to bind all systems | Legislature distinguished pre-1991 systems from post-1991 | Legislature intended pre-1991 systems remain exempt from evergreen |
Key Cases Cited
- Regents of Univ. of N.M. v. N.M. Fed'n of Teachers, 125 N.M. 401, 962 P.2d 1236 (1998) (NMSC (1998)) (grandfather clause interpretation; two-part test; system-wide vs specific provisions)
- City of Deming v. Deming Firefighters Local 4521, 160 P.3d 595 (N.M. 2007) (N.M. 2007) (pre-1991 grandfather status; does not require effectiveness of procedures)