A. A public employee or labor organization shall not engage in a strike. A labor organization shall not cause, instigate, encourage or support a public employee strike. A public employer shall not cause, instigate or engage in a public employee lockout.
B. A public employer may apply to the district court for injunctive relief to end a strike, and an exclusive representative of public employees affected by a lockout may apply to the district court for injunctive relief to end a lockout.
C. The board or local board, upon a clear and convincing showing of proof at a hearing that a labor organization directly caused or instigated a public employee strike, may impose appropriate penalties on that labor organization, up to and including decertificaton of the labor organization with respect to any of its bargaining units which struck as a result of such causation or instigation.
History: Laws 2003, ch. 4, § 21 and by Laws 2003, ch. 5, § 21.
Compiler's notes. — Laws 2003, ch. 4, § 21 and Laws 2003, ch. 5, § 21 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-21 NMSA 1978.
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.