A. A member of a labor organization or the labor organization itself may initiate decertification of a labor organization as the exclusive representative if thirty percent of the public employees in the appropriate bargaining unit make a written request to the board or local board for a decertification election. Decertification elections shall be held in a manner prescribed by rule of the board. An election shall only be valid if forty percent of the eligible employees in the bargaining unit vote in the election.
B. When there is a collective bargaining agreement in effect, a request for a decertification election shall be made to the board or local board no earlier than ninety days and no later than sixty days before the expiration of the collective bargaining agreement; provided, however, a request for an election may be filed at any time after the expiration of the third year of a collective bargaining agreement with a term of more than three years.
C. When, within the time period prescribed in Subsection B of this section, a competing labor organization files a petition containing signatures of at least thirty percent of the public employees in the appropriate bargaining unit, a representation election rather than a decertification election shall be conducted.
D. When an exclusive representative has been certified but no collective bargaining agreement is in effect, the board or local board shall not accept a request for a decertification election or an election sought by a competing labor organization earlier than twelve months subsequent to a labor organization's certification as the exclusive representative.
History: Laws 2003, ch. 4, § 16; 2003, ch. 5, § 16; 2020, ch. 48, § 9.
The 2020 amendment, effective July 1, 2020, prohibited a competing labor organization from seeking an election within twelve months of initial certification; and in Subsection D, after "decertification election", added "or an election sought by a competing labor organization".
Structure 2021 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 7E - Public Employee Bargaining
Section 10-7E-1 - Short title.
Section 10-7E-2 - Purpose of act.
Section 10-7E-4 - Definitions.
Section 10-7E-5 - Rights of public employees.
Section 10-7E-6 - Rights of public employers.
Section 10-7E-7 - Appropriate governing body; public employer.
Section 10-7E-8 - Public employee labor relations board; created; terms; qualifications.
Section 10-7E-9 - Board; powers and duties.
Section 10-7E-12 - Hearing procedures.
Section 10-7E-13 - Appropriate bargaining units.
Section 10-7E-15 - Exclusive representation.
Section 10-7E-16 - Decertification of exclusive representative.
Section 10-7E-17 - Scope of bargaining.
Section 10-7E-18 - Impasse resolution.
Section 10-7E-19 - Public employers; prohibited practices.
Section 10-7E-20 - Public employees; labor organizations; prohibited practices.
Section 10-7E-21 - Strikes and lockouts prohibited.
Section 10-7E-22 - Agreements valid; enforcement.
Section 10-7E-23 - Judicial enforcement; standard of review.
Section 10-7E-24 - Existing collective bargaining units.
Section 10-7E-24.1 - Certain new entities created by statute.
Section 10-7E-25 - Existing collective bargaining agreements.