2013 NMCA 012
N.M. Ct. App.2013Background
- Unions AFSCME Council 18 and locals negotiated with the City of Albuquerque under the LMRO to replace expiring contracts.
- LMRO lacks binding impasse arbitration and evergreen provisions, while PEBA requires impasse procedures and evergreen features.
- District court granted summary judgment in favor of the City, recognizing PEBA grandfather status for LMRO impasse provisions.
- Two unions (Local 1888 and Local 3022) later obtained new contracts with the City, rendering their complaints moot.
- On appeal, the Unions argue the LMRO does not satisfy PEBA grandfather status and the evergreen/impasse issues; the City argues the LMRO remains grandfathered.
- Court analyzes whether the LMRO’s pre-1991 adoption and lack of binding arbitration can still achieve PEBA grandfather status and how the evergreen provision applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| PEBA grandfather status for LMRO impasse | Unions argue LMRO violates PEBA due to nonbinding impasse and no evergreen. | City contends LMRO qualifies for PEBA grandfather status despite those gaps. | Grandfather status applies. |
| PEBA evergreen applicability to LMRO | Unions contend evergreen should extend to LMRO economic terms. | City argues evergreen does not apply to LMRO economics under PEBA constraints. | PEBA evergreen does not apply to economic components as argued. |
| Mootness regarding Local 1888 and Local 3022 | New contracts leave ongoing controversy; issues may reoccur. | New contracts render the case moot for those locals. | Claims moot as to Local 1888 and Local 3022. |
Key Cases Cited
- City of Deming v. Denting Firefighters Local 4521, 160 P.3d 595 (2007-NMCA-069) (grandfather analysis of PEBA impasse provisions)
- Regents of Univ. of N.M. v. N.M. Fed'n of Teachers, 962 P.2d 1236 (1998-NMSC-020) (grandfather clause purposively construed; preserves old law)
- Int’l Ass’n of Firefighters v. City of Carlsbad, 216 P.3d 256 (2009-NMCA-097) (Section 10-7E-17(E) controls fund-expenditure issues over arbitration awards)
- Bradbury & Stamm Construction v. Board of County Commissioners of Bernalillo County, 35 P.3d 298 (2001-NMCA-106) (public-importance issue may be appealed even if not ongoing controversy)