353 P.3d 1212
N.M.2015Background
- Unions petition NM Supreme Court for writ of mandamus to compel the Director of the Labor Relations Division to set prevailing wage and fringe benefit rates for public works per 13-4-11(B).
- Act was amended in 2009 to require rates to be based on CBAs; prior practice used non-CBA data.
- Director/Secretary promulgated regulations in 2012 but have not set rates per the amended Act; litigation ongoing about regulations.
- Court exercises original mandamus jurisdiction to address a non-discretionary duty implicating separation of powers.
- Five-year delay in setting rates has meant public works wages remained at outdated levels despite current CBAs; projects continued under stale rates.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Director have a mandatory nondiscretionary duty to set rates per CBAs? | Unions: duty is mandatory under 13-4-11(B). | Dean/Bussey: duty is discretionary. | Yes, duty is mandatory; mandates setting rates per CBAs. |
| Is mandamus proper where there is an alleged adequate remedy at law? | Unions: no plain speedy adequate remedy; delays cause irreparable harm. | Director: remedy under 13-4-15 suffices. | Mandamus proper; ordinary remedy at law inadequate given prolonged delay. |
Key Cases Cited
- New Energy Econ., Inc. v. Martinez, 2011-NMSC-006 (NM Supreme Court (2011)) (mandamus standard; ministerial duties and non-discretionary duties)
- State ex rel. King v. Lyons, 2011-NMSC-004 (NM Supreme Court (2011)) (importance of mandamus for timely public remedies; separation of powers)
- State ex rel. Taylor v. Johnson, 1998-NMSC-015 (NM Supreme Court (1998)) (separation of powers; government branches' boundaries)
- State ex rel. Bird v. Apodaca, 1977-NMSC-110 (NM Supreme Court (1977)) (mandamus for timely, public-importance issues)
- State v. Stevens, 2014-NMSC-011 (NM Supreme Court (2014)) (legislative purpose and public duty in statutory interpretation)