New Mexico Unions laws & HR compliance analysis

New Mexico Unions: What you need to know

Most of the protections given to labor organizations are contained in the federal National Labor Relations Act (NLRA). This law is “preemptive”; that is, it overrides state law in the areas that it covers, which include almost all types of private employment. But in the areas it does not cover, such as the rights of farmworkers and employees of businesses that do not engage in interstate commerce, the states are free to make their own provisions. New Mexico does not have a comprehensive labor law addressing areas not covered by the NLRA, but it does regulate the unionization of public employees.
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The NLRA leaves to the states all questions involving the unionization of public employees. New Mexico's Public Employee Bargaining Act protects the rights of public employees to unionize and bargain collectively, and regulates agreements between public employers and employee organizations, the conduct of union elections, and the resolution of labor disputes. The law prohibits public employees from engaging in a strike (NM Stat. Sec. 10-7E-1et seq.).
When a union files a petition containing the signatures of at least 30 percent of the public employees in an appropriate bargaining unit, the state or local Public Employees Labor Relations Board will conduct a secret ballot representation election to determine whether the public employees in the appropriate bargaining unit will be represented. An election is valid only if at least 40 percent of the eligible employees in the bargaining unit vote in the election.
Another area that has been left to the states is the protection of a worker's right not to join a union. Many states have a so-called “right-to-work” law that prohibits ...

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