2013 NMCA 063
N.M.2013Background
- City appeals district court order granting injunctive relief requiring honoring expired CBAs pending new agreements under PEBA evergreen provision.
- City argued LMRO grandfather status exempt from PEBA evergreen.
- CBAs between City and Unions expired June 30, 2011; negotiations failed.
- City stopped honoring a provision reimbursing union members for union work; offered other arrangements.
- Unions sought injunction to enforce expired CBAs; district court granted; City appeals.
- LMRO enacted 1974, amended 2002; does not require expired CBAs to remain in effect; no evergreen provision.
- Grandfather clause creates pre-1991 public-employer exemption from PEBA requirements; two-part test applies to specific provisions.
- Legislature distinguished pre- and post-1991 adopters; post-1991 employers must include PEBA impasse procedures, including evergreen; City pre-1991 so exempt from evergreen requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evergreen provision applies to grandfathered LMRO. | Unions: evergreen applies regardless of grandfather. | City: grandfather status exempts from evergreen. | Not applicable; grandfather status exempts evergreen. |
| Whether City’s LMRO satisfies grandfather criteria, despite no evergreen provision. | Unions: LMRO ineffective without evergreen; fails grandfather. | City: grandfather clause does not require effectiveness; pre-1991 status suffices. | LMRO qualifies for grandfather status under pre-1991 adoption. |
| Whether PEBA evergreen is mandatory for all public employers despite grandfather status. | Unions: evergreen must be followed; otherwise no bargaining protections. | City: grandfather precludes evergreen applicability. | Evergreen not mandatory for pre-1991 grandfathered systems. |
| Legislative intent behind grandfather clause (A vs B) regarding evergreen. | Unions: Legislature intended universal evergreen application. | Court: Legislature drew clear pre/post-1991 dichotomy; evergreen not required for pre-1991. | Legislative intent supports exemption for pre-1991 systems. |
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-020) (two-part grandfather test applied to pre-1991 system)
- AFSCME Council 18 v. City of Albuquerque, 293 P.3d 943 (2013-NMCA-012) (grandfather clause does not require effectiveness; binding-impasse arbitration not necessary for grandfather)
- City of Deming v. Deming Firefighters Local 4521, 160 P.3d 595 (2007-NMCA-069) (applies two-part test to determine grandfather status; pre-1991 systems exempt)