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-1 et 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.