Stewart Bill to Protect Public Employees Passes Judiciary, Headed to Full Senate
Negotiations Produced Revived Bill, Strengthens Worker Protections
SB 110, Sen. Majority Whip Mimi Stewart’s revised bill to improve and update the Public Employees Bargaining Act to help public employees better negotiate contracts with the state, passed the Senate Judiciary Committee on Friday. The revisions to the bill will level the playing field to help public employees better negotiate contracts with public sector employers.
“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.”
The bill had originally been tabled in the Senate Judiciary Committee this week, but was brought off the table by a vote of 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.”
SB 110 is the first update to the PEBA since it became law in 2003. It makes the following key improvements:
“Concerted Activity” Protection: 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: 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 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: SB 110 ensures that the state doesn’t use taxpayer funds to support union-busting activities.
Dues Deduction Reform: SB 110 changes the PEBA to make it consistent with the Janus v. AFSCME decision regarding union dues.
Bargaining Protection: 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: SB 110 standardizes guidelines for members to take action against their union if they feel they haven’t been fairly represented.
“Public employees make our state work,” Stewart said. “We need to ensure that the Public Employees Bargaining Act works for them. The common-sense updates provided by SB 110 protect our employees and our state.”
SB 110 now heads to the full Senate for a vote.
