New Mexico: Unions protest governor's firing of labor board

SANTA FE, N.M. (AP) -- Members of labor unions in New Mexico turned to the state Supreme Court on Wednesday in a dispute with the governor over the Public Employee Labor Relations Board. Gov. Susana Martinez fired the board's executive director, Pam Gentry, on Feb. 5, then fired the three-member board March 1. The unions are asking the court to order Martinez to reinstate the board and not to interfere with the board's hiring of an executive director. The board is responsible for enforcing the Public Employee Bargaining Act in New Mexico. "We believe that this is a very covert attempt to turn New Mexico into another Wisconsin and we are not going to stand for it," said Christine Trujillo, state president of the New Mexico Federation of Labor AFL-CIO and the American Federation of Teachers in New Mexico. Last week, Wisconsin Gov. Scott Walker signed into law a measure eliminating most union rights for public employees in that state. The New Mexico unions contend in a petition to the Supreme Court that the Republican governor exceeded her powers. The Associated Press left a message seeking comment from Martinez. A spokesman for the governor has said her decision was part of a review of state boards and commissions since she took office in January. Allowing the governor to remove the board would give her the ability to circumvent the state Public Employee Bargaining Act by removing members who make findings against her, the unions argued. The law that guarantees bargaining rights for government employees is not operating because there is no board to enforce it, said Shane Youtz, an Albuquerque attorney representing the labor unions in their petition. "Without the enforcement mechanism, we really have a law that provides us with nothing," Youtz said Wednesday. The law was passed in 2003 after a previous public employee collective bargaining law expired in 1999 under a sunset provision. Governors in New Mexico have broad powers of appointment and removal over boards and commissions. But the unions argue the labor board is unique in having the legal responsibility of deciding whether a governor's actions over public employees are legal. "You can't give her that power over this board if this board has the responsibility of evaluating her actions," Youtz said. The petition also argues the board, not the governor, is in charge of hiring the executive director. One board member is recommended by labor, one is designated by public employers and the third is recommended by the other two. Youtz contends the governor has no discretionary authority to name members other than those recommended. "The law says the governor shall appoint a person recommended by labor. From a legal perspective, that means ... she must appoint -- not refuse to appoint," Youtz said. Labor's designee is Albuquerque attorney John Boyd, whose term ends July 1. The term of the public employers representative, Martin Dominguez, expires June 30, 2012. The term of the third member, Duff Westbrook, expired last June 30 but he continued serving until the firings. The unions filing the petition said they represent at least 31,000 public workers in New Mexico. Unions sent a letter to Martinez earlier this month demanding she reinstate the board. Published: Fri, Mar 18, 2011