New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 21 - LABOR UNIONS/LABOR RELATIONS
Part 1 - GENERAL PROVISIONS
Section 11.21.1.7 - DEFINITIONS
Universal Citation: 11 NM Admin Code 11.21.1.7
Current through Register Vol. 35, No. 6, March 26, 2024
A. Statutory definition: The terms defined in Section 10-7E-4 NMSA 1978, shall have the meanings set forth therein.
B. Additional definitions: The following terms shall have the meanings set forth below.
(1)
"Act" means the New Mexico
Public Employee Bargaining Act, Sections
10-7E-1
through
10-7E-26
NMSA 1978 including any amendments to that statute.
(2)
"Amendment of certification"
means a procedure whereby an incumbent labor organization certified by the
board to represent a unit of public employees or a public employer may petition
the board to amend the certification to reflect a change such as a change in
the name or the affiliation of the labor organization or a change in the name
of the employer.
(3)
"Certification of incumbent bargaining status" shall mean a
procedure whereby a labor organization recognized by a public employer as the
exclusive representative of an appropriate bargaining unit on June 30, 1999
petitions the board for a declaration of bargaining status under Subsection B
of Section
10-7E-24
NMSA 1978. or after a local board certifying the representative ceases to exist
by operation of Section
10-7E-10
NMSA 1978 (2020).
(4)
"Challenged ballot" means the ballot of a voter in a
representation election whose eligibility to vote is questioned either by a
party to the representation case or by the director.
(5)
"Challenged card" means a
card or other showing of interest submitted pursuant to Sections 11 or 23 of
11.21.2 NMAC, that the director or a party to the case alleges does not meet
the requirements of
11.21.2.11
NMAC.
(6)
"Complainant" means an individual, labor organization, or public
employer that has filed a prohibited practices complaint.
(7)
"Delivering a copy" as it
pertains to service or filing of pleadings or other documents means:
(1) handing it to the board, to its agent(s),
to opposing counsel or unrepresented parties;
(2) sending a copy by facsimile or electronic
submission in accordance with
11.21.1.10
NMAC or
11.21.1.24
NMAC;
(3) leaving it at the
board's, opposing attorney's or party's office with a clerk or other person in
charge thereof; or
(4) if the
attorney's or party's office is closed or the person to be served has no
office, leaving it at the unrepresented person's dwelling house or usual place
of abode with some person of suitable age and discretion then residing
therein.
(8)
"Director" means the director of the public employee labor
relations board.
(9)
"Document" means any writing, photograph, film, blueprint,
microfiche, audio or video tape, data stored in electronic memory, or data
stored and reproducible in visible or audible form by any other
means.
(10)
"Electronic
submission" means the filing of a pleading or other document with the
board using the electronic system established by the PELRB, service by the
parties, or email communications.
(11)
"On a form prescribed by the
director" as used in these rules pertaining to the filing of documents
with the board, shall include the electronic data submitted by use of any
interactive form posted for that purpose on the board's website.
(12)
"Probationary employee" for
state employees shall have the meaning set forth in the State Personnel Act and
accompanying regulations; for other public employees, other than public school
employees, it shall have the meaning set forth in any applicable ordinance,
charter or resolution, or, in the absence of such a definition, in a collective
bargaining agreement; provided, however, that for determining rights under the
PEBA non-state employees a public employee may not be considered to be a
probationary employee for more than one year after the date of hire by a public
employer. If otherwise undefined, the term shall refer to an employee who has
held that position, or a related position, for less than six months.
(13)
"Prohibited practice" means
a violation of Section
10-7E-19,
10-7E- 20 NMSA 1978 or Subsection A of Section
10-7E-21
NMSA 1978.
(14)
"Representation case" or "representation proceeding"
means any matter in which a petition has been filed with the director
requesting a certification or decertification election, or an amendment of
certification, or unit clarification.
(15)
"Respondent" means a party
against whom a prohibited practices complaint has been filed.
(16)
"Rules" means the rules and
regulations of the board (these rules), including any amendments to
them.
(17)
"Unit
accretion" means the inclusion in an existing bargaining unit of
employees who do not belong to any existing bargaining unit, who share a
community of interest with the employees in the existing unit, and whose
inclusion will not render the existing unit inappropriate.
(18)
"Unit clarification" means
a proceeding in which a party to an existing lawful collective bargaining
relationship petitions the board to change the scope or description of an
existing bargaining unit; a change in union affiliation; to consolidate
existing bargaining units represented by the same labor organization; or to
realign existing bargaining units of employees represented by the same
exclusive representative into horizontal units, where the board finds the unit
as clarified to be an appropriate bargaining unit and no question concerning,
representation arises.
(19)
"Unit inclusions or exclusions" means the status of an individual,
occupational group, or group of public employees in clear and identifiable
communities of interest in employment terms and conditions and related
personnel matters, as being within or outside of an appropriate bargaining unit
based on factors such as supervisory, confidential or managerial status, the
absence thereof, job context, principles of efficient administration of
government, the history of collective bargaining, and the assurance to public
employees of the fullest freedom in exercising the rights guaranteed by the
Public Employee Bargaining Act.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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