New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 21 - LABOR UNIONS/LABOR RELATIONS
Part 5 - LOCAL BOARDS
Section 11.21.5.12 - REVIEW OF LOCAL BOARD APPLICATIONS BY THE BOARD
Current through Register Vol. 35, No. 6, March 26, 2024
A. Upon receiving an application for approval pursuant to 11.21.5.9 or 11.21.5.10 of these rules, the board shall conduct an administrative review of the application and, at a properly noticed public meeting or hearing, shall formally approve or disapprove the application. Public notice of such meetings or hearings shall be provided as required by law.
B. In considering such an application for approval, the board shall review all applications for approval in light of the requirements of Section 10 of the Act and 11.21.5 NMAC. The board shall require that the ordinance, resolution or charter amendment creating the local board be amended as necessary in order to meet the requirements of Section 10 of the Act and 11.21.5 NMAC.
C. Upon a finding that the application meets statutory and regulatory requirements, the board shall approve such application If after approval pursuant to this rule a local board fails to act on or respond to a filing by an employee organization or public employer or public employee within a reasonable time, or otherwise acts in a manner inconsistent with Section 10-7E-9 NMSA 1978 (2020) the board shall exercise its jurisdiction over any matters then pending before the local board pursuant to Section 2 of the Act.
D. In the event an application demonstrates that the proposed change does not meet the standards of Section 10 of the Act and 11.21.5 NMAC, the application shall be rejected and returned to the public employer.
