N.M. Code R. § 11.21.2.18
Investigation, Report, Notice of Hearing
Effective Mar 15, 2004State of New Mexico
- A. In the absence of a consent election agreement, the director shall investigate the outstanding issues and shall issue and serve a report and direction of election, a report and dismissal of petition, or a notice of hearing within 45 days of the posting of the notice of filing of petition. If there is a dispute between the parties regarding unit composition, or the director is satisfied that the issues can best be resolved in a hearing, the director shall issue and serve a notice of hearing without first conducting a further investigation. A hearing concerning unit composition, where the parties are in dispute on that issue, shall be set for a date not later than 30 days following the director’s notice of hearing or the director’s receipt of notice of the dispute, whichever is sooner.
- B. A report and direction of election or a report and dismissal of petition shall be subject to board review under the procedures set forth in Section 22 below. The issuance of a notice of hearing shall not be subject to board review.
[11.21.2.18 NMAC - N, 3/15/2004]