PUBLIC EMPLOYEE LABOR RELATIONS BOARD
2929 Coors N.W.,
(505) 831-5422 Telephone
(505) 831-8820 Facsimile
Thursday, April 01, 2010
Espaňola-N.E.A., Complainant,
Address: c/o NEA-New
Telephone Number: (505) 450-3155, or (505) 883-4737
Vs.
Address: 714 Calle Don Diego
Telephone Number: (505) 753-2254
PROHIBITED PRACTICES COMPLAINT
Charles Goodmacher, NEA-NM UniServ Director
COMES NOW the Complainant and alleges violations of Section 10 7E-17 A. and D. (Scope of Bargaining) and also violations of Section 10 7E-19 A., B., C., D., F., G., and H. (Public Employer Prohibited Practice) of the Public Employees Bargaining Act (10-7E-1 through 10-7E-26 NMSA 1978) (the Act).
This alleged violation occurred as follows: Respondent failed to bargain in good faith, when on March 30, 2010, Respondent (a) provided a letter (Exhibit A) claiming to “suspend” negotiations over the Education Support Personnel Collective Bargaining Agreement; and (b) refused at the negotiation table to respond in any way to submitted proposals which language includes changing said Agreement.
This occurred as follows:
Espaňola-NEA was certified as the Exclusive Representative for two Collective Bargaining units (Certified and Educational Support Personnel) in the Espaňola Public Schools by the New Mexico Public Employee Relations Board pursuant to an election conducted by said board on Wednesday, December 5, 2007.
The parties entered into initial negotiations and an agreement, establishing a Collective Bargaining Agreement first for the year 2008-2009, then subsequently renewing the CBA’s for the 2009-2010 year.
The current agreements expire June 30, 2010.
On Tuesday, March 30, 2010, the parties met for the fourth time this year to renegotiate the two Collective Bargaining Agreements. At approximately 5:30, during a time that was declared for a “caucus,” the Chief Negotiator, Mr. John Martinez, hand delivered a letter (EXHIBIT A). The letter is dated March 26, 2010, but was not delivered until March 30, 2010. The letter is addressed to the Espaňola-NEA President Brian Every, but delivered to union Chief Negotiator Laurel Fain. The letter explicitly states that Respondent is suspending negotiations with Espaňola-NEA.
Upon resumption of the negotiation session (5:50 p.m.), Espaňola-NEA submitted new proposals for consideration by Respondent. Several proposals apply to both the Certified and the Educational Support Personnel Agreements. The Respondent’s Chief Negotiator responded that they would not respond to our proposals as they apply to the Educational Support Personnel Collective Bargaining Agreement, as they had suspended those negotiations. This same response was provided to several proposals made by Espaňola-NEA during the negotiating session. Additionally, though Petitioner had verbally stated readiness to sign a Tentative Agreement (T.A.) on one specific proposal which would have modified the same article in both Collective Bargaining Agreements, Respondent was unwilling to sign said T.A. Responded stated they would only sign a T.A. for the Certified Collective Bargaining Agreement.
Respondent’s letter to Petitioner and actions at the negotiation table March 30, 2010 violates Section 10 7E-19 (B) (C) (F) (G) and (H) of the Act by refusing to bargain in good faith with Respondent and by interfering with Espaňola-NEA’s duty to negotiate on behalf of employees that have selected it as their exclusive bargaining representative. Under the clear language of Section 10-7E-16 of the Act, Respondent plays no role in determining whether the
The current Personnel Collective Bargaining Agreements expire June 30, 2010, and per Article 42 (Certified) and Article 44 (Education Support Personnel) (EXHIBIT B), and explicitly states that the Agreement:
“will remain in full force and effect through June 30, 2010. For fiscal year 2009-2010 either party may reopen all economic/financial articles and six (6) non-economic articles for negotiations. This agreement shall continue in full force and effect until replaced by subsequent written agreement as per the Española Public School District Labor Management Relations Resolution section 15 C.3., and PEBA.”
Further, Respondent’s claim that union dues-paying membership of less than a simple majority is equivalent to a loss in majority support for the union and can therefore lead to suspension of negotiations is legally incorrect. The National Labor Relations Board (Levitz Furniture Co. of the Pacific, NLRB, 2001) specifically ruled a decline in union membership would not be reflective of an actual loss of union support in any event. “The NLRB Board has long held that a failure to pay union dues does not reflect a lack of support for union representation, because employees often are content to support the union and enjoy the benefits of union representation without joining the union or giving it financial support.” See Levitz.
Respondent’s letter to Petitioner violates Section 10 7E-19 (A) and (D) of the Act. Through the language of the letter Respondent states that Respondent had researched who is and who is not deducting membership dues through the District. Such research was clearly for purposes of creating a (false) justification for refusing to bargain with Respondent in good faith, and was not for otherwise legitimate purposes connected with administrating said deductions. These actions discriminate against employees and subjects them to unlawful inspection of their status as union members.
Rule 11.21.3.10(A) NMAC requires that a response be filed with the Board within fifteen (15) days of the date of service.
I hereby declare that the information contained herein is true and correct to the best of my knowledge and belief.
_____________________________________Complainant or Representative
Signed this ______ day __________,2010.
CERTIFICATE OF SERVICE
It is hereby certified that on the 1st day of April, 2010, a true and correct copy of the foregoing Prohibited Practices Complaint was faxed and emailed to Respondent, Superintendent Janette Archuleta, Espanola Public Schools.
____________________________________
Charles Goodmacher
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