On April 25, the Public Employee Relations Board (PELRB) met for the first time since its recent "reorganizations," under the influence of the Governor and then the Supreme Court. The upshot of the reorganizations was that Supreme Court said the Governor exceeded her authority by summarily discharging any members except that which served upon its own recommendation,* and the Governor's Office conceded that only the Board had authority to hire and fire the Director.
So where did that leave us at the April 25 meeting? With lots of questions regarding current dates of appointments, candidates for Director, and pending business. Elsewhere, KUNM hosted a not very balanced segment on public sector bargaining.
At the April 25 meeting, the Board was confronted immediately with questions from Elona Cruz, HR Director at the Corrections Department, as to the appointment dates of the sitting board members. This question could be related to the recent Supreme Court decision, and rumors that the prior administration somehow managed to get rid of all board and commission records of appointments and terms.
At the April 25 meeting, the Board was confronted immediately with questions from Elona Cruz, HR Director at the Corrections Department, as to the appointment dates of the sitting board members. This question could be related to the recent Supreme Court decision, and rumors that the prior administration somehow managed to get rid of all board and commission records of appointments and terms.
The Board was also confronted with several matters requiring urgent attention yet pending well prior to the recent shake ups. For these matter, the Board set a new meeting for May 10.
Finally, the Board turned to the agenda item that likely drew us all there that very blustery day: "personnel matters." The Board stated it had received only two resumes for the position of Director: one from the recently retired Juan B. Montoya, who would by definition become a "double dipper" if rehired; and one from Pam Gentry, whose performance as Director has already been the subject of several sharp comments on this Blog. See NM PELRB and Public Sector Collective Bargaining in Review – 2010 and NM PELRB Reinstated.
The Board then indicated it would hold off on any decision, and reconsider the matter at the May 10 meeting, in the hope that someone else might submit a resume in the meantime. This author did submit a resume, but to serve as contract hearing examiner because, in my experience, the Board simply does not require an FTE for these services, while we all know the State needs to pinch some pennies somewhere.
Meanwhile, Ms. Gentry was to be heard talking to anyone whose eye she could catch that she'd been sending LOTS of emails to the Governor's Office proposing her own reinstatement, and that a separate FTE Director to travel about the countryside studying and discussing the merits of mediation is absolutely paramount under the plain language of PEBA. I have had occasion to review PEBA from time to time while Deputy Director and hearing examiner, and I do not see whatever it is Pam reads therein. The mere phrase that "[t]he board shall ... conduct studies on problems pertaining to employee-employer relations," PEBA Section 9(B)(2), is an insufficient basis to engage in the kind of "empire building" she apparently envisions, in these tough economic times.
Rather, what is called for today is the fair but efficient processing of the current backlog of Prohibited Practice Complaints (PPCs) and Representation Petitions.
Rather, what is called for today is the fair but efficient processing of the current backlog of Prohibited Practice Complaints (PPCs) and Representation Petitions.
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Only a few days later (April 28), Arbitrator T. Zane Reeves, Labor Attorney Tom Griego, and AFSCME Legislative Director Carter Bundy appeared on KUNM's Arcie Chapa call-in show, purportedly to address where labor-management relations have been, what worked, what didn't, and where relations are going in the future. Not having a representative of management, and worse having two labor representatives to one neutral, I cannot say the show turned out particularly fair and balanced. I also cannot say the presenters seemed to directly address the question of what if anything has worked or changed in collective bargaining in New Mexico.
However, it was interesting to hear Carter Bundy expound that part of labor's critical role in the public sector is to provide political and policy oversight in government, to "keep them honest" as he said. That is not generally the role I associate with labor organizations or "collective bargaining concerning terms and conditions of employment." Perhaps I'm a bit old fashioned, or perhaps the right case would make the argument clear. I don't know.
If you are interested in neutral services such as arbitration, mediation or contract ALJ services, in labor/employment or other areas of the law, please contact Pilar Vaile, P.C. at (505) 247-0802, or info@pilarvailepc.com.
NOTE:
* I avoid the terms "labor" or "neutral appointments" because these positions are still appointed by the governing body, although upon recommendation of either management, labor or joint recommendation of the prior appointees. I also avoid the ubiquitous terms "management," "labor," and/or "neutral representatives" because all three positions are "neutral"--it is just that each is appointed upon the recommendation of certain stakeholders, to obtain a particular insight or point of view and, hopefully, balance.
