American Federation of State v. City of Albuquerque
2013 NMCA 049
| N.M. Ct. App. | 2013Background
- AFSCME sought injunctive relief to prevent ARP closure and layoffs; district court granted injunction to keep ARP open and for contracting out but denied layoff relief.
- ARP had eight employees, four of whom were AFSCME members under a Collective Bargaining Agreement (CBA).
- AFSCME sought to compel arbitration on layoffs under CBA Section 35 after district court proceedings.
- The court held hearings April 12, 2010, issued TRO/IP focusing on contracting out under Sections 38.1–38.1.4, and did not enjoin layoffs under Section 35.
- AFSCME moved to compel arbitration on September 20, 2010; the district court granted the motion.
- City appeals arguing AFSCME waived arbitration by invoking the court’s discretionary powers in injunctive proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did AFSCME waive the right to arbitration by invoking the court’s discretionary powers? | AFSCME limited relief to temporary equitable relief, preserving arbitration. | AFSCME invoked judicial machinery on merits and hence waived arbitration rights. | Yes; AFSCME waived arbitration. |
| Was there prejudice to the City supporting waiver? | AFSCME sought injunctive relief without intent to arbitrate. | City would be prejudiced by duplicative proceedings and potential conflicting outcomes. | Yes; prejudice supported waiver. |
| Are injunctive remedies per se incompatible with arbitration rights? | Injunctive relief can be compatible if intended to preserve arbitration. | In this case, injunctive actions related to merits and foreclosed arbitration. | Injunctive relief is not per se barred from arbitration, but here it reflected merits that supported waiver. |
Key Cases Cited
- Architects, Bd. of Educ., Taos Mun. Sch. v. The Architects, Taos, 103 N.M. 462 (1985) (waiver standards; arbitration favored unless prejudice shown; three guiding principles)
- Wood v. Millers Nat’l Ins. Co., 96 N.M. 525 (1981) (waiver due to invoking judicial machinery; delay factors considered)
- Cancelosi v. Bernalillo Cnty. Med. Ctr. Emp. Ass’n Local Union No. 2370, 92 N.M. 307 (1978) (brief time gap not a waiver; case distinguished when case not at issue)