Hard Work Pays Off as Bill to Protect State Workers Passes Legislature, Heads to Gov
Collaboration of House, Senate & Stakeholders Yielded Revised Bill to Benefit Employers, Employees
After two hours of late-night debate, the Senate just after midnight Wednesday, passed HB 364, the first-ever and much-needed update to the state’s Public Employee Bargaining Act so that state workers have the support they need to keep New Mexico running.
“Public employees—from teachers and truck drivers to sanitation workers and police officers—deserve the best possible process to negotiate fair wages and safe workplaces,” Stewart said. “By amending the Public Employees Bargaining Act in this way, we are streamlining processes and respecting workers. That makes sense for public employees, their employers and all New Mexicans.”
Although the final bill is a huge win for the state, it did not have an easy time making its way through the legislative process. Originally introduced as SB 110 by Sen. Mimi Stewart, that bill was tabled in Senate Judiciary Committee last week, but was brought off the table and passed by the committee after input from and negotiations with stakeholders including the New Mexico Association of Counties, Municipal League, school districts, school boards and school superintendents.
“Unions are always ready to come to the table to reach agreements that move workers forward,” Stewart said. “I am incredibly grateful to the Association of Counties, the Municipal League and education leaders like Santa Fe Public Schools Superintendent Veronica Garcia for also sitting down and working in good faith to make this bill better so that it benefits all parties.”
The process took another turn when SB 110 was unexpectedly referred to a third Senate committee at the last minute—a highly unusual political move. Fortunately, House members Rep. Sheryl Williams-Stapleton, Rep. Christine Trujillo and Rep. Daymon Ely stepped up and introduced HB 364, identical to the revised SB 110, and it easily passed through the House of Representatives.
Senators then carefully reviewed HB 364 through their committee process—avoiding by floor vote another political attempt to assign the bill to unnecessary committees. The full Senate then debated HB 364 for several hours before passing it, 24-17, early Wednesday.
“Never under estimate the power of workers and their allies in the Legislature when we come together to make positive changes,” Stewart said. “Like all New Mexico workers know, hard work pays off. And that’s just what happened with this important bill to improve the Public Employee Bargaining Act.
HB 364/SB 110 is the first update to the PEBA since it became law in 2003. It makes the following key improvements:
“Concerted Activity” Protection: HB364/SB 110 adds this critical legal language to PEBA to protect activities like talking with co-workers about wages or working conditions; circulating a petition asking for better hours; participating in a refusal to work in unsafe conditions; joining with co-workers to talk directly to the employer or to the media about problems in the workplace.
Labor Board Restructuring: HB364/SB 110 creates a timeline and process for streamlining the labor board structure in the state. Currently there are 52 local labor laws and boards.
Fair Elections: Under HB364/SB 110, unions will have equal access to employees to allow fair information to ensure that employees hear from both sides in a workplace election.
Misuse of Public Funds: HB364/SB 110 ensures that the state doesn’t use taxpayer funds to support union-busting activities.
Dues Deduction Reform: HB364/SB 110 changes the PEBA to make it consistent with the Janus v. AFSCME decision regarding union dues.
Bargaining Protection: HB364/SB 110 guarantees the right of parties to bargain changes except where parties have executed a “clear and unmistakable waiver” to bargain certain issues.
Duty of Fair Representation: HB364/SB 110 standardizes guidelines for members to take action against their union if they feel they haven’t been fairly represented.
HB 364 now heads to Gov. Michelle Lujan Grisham to be signed into law.
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A retired teacher, Senate Majority Whip Mimi Stewart has served two years as chair of the Legislative Education Study Committee. Prior to becoming a state Senator, Stewart served 20 years in the New Mexico House of Representatives, where she chaired the Education Committee. Stewart lives in Albuquerque. Learn more at www.mimistewart.org and follow her on Twitter @Sen_MimiStewart and on Instagram @mimistewart9.
