WPA claim in New Mexico

2015See Luboyeski v. Hill, 1994-NMSC-032 , ¶ 10, 117 N.M. 380 , 872 P.2d 353 (“Whenever possible, [the appellate courts] must read different legislative enactments as harmonious instead of as contradicting one another.”); see also NMSA 1978, § 12-2A-10(A) (1997) (stating that “[i]f statutes appear to conflict, they must be construed, if possible, to give effect to each”).

2015See Luboyeski v. Hill, 1994-NMSC-032 , ¶ 10, 117 N.M. 380 , 872 P.2d 353 (“Whenever possible, [the appellate courts] must read different legislative enactments as harmonious instead of as contradicting one another.”); see also NMSA 1978, § 12-2A-10(A) (1997) (stating that “[i]f statutes appear to conflict, they must be construed, if possible, to give effect to each”).

2025While the WPA provides for an award of “actual damages, 12 reinstatement with the same seniority status . . . , two times the amount of back pay 13 with interest on the back pay and” in addition requires that “an employer shall be 14 required to pay the litigation costs and reasonable attorney fees of the employee,” 15 see § 10-16C-4(A), the CBA limits the award the arbitrator can make, explicitly 16 disallowing the award of any “fine or other punitive damages or award of attorney’s 17 fees” and requiring the parties to equally share the cost of the arbitrator’s fees and 18 expenses. 18 1 {26}

2025While the WPA provides for an award of “actual damages, 12 reinstatement with the same seniority status . . . , two times the amount of back pay 13 with interest on the back pay and” in addition requires that “an employer shall be 14 required to pay the litigation costs and reasonable attorney fees of the employee,” 15 see § 10-16C-4(A), the CBA limits the award the arbitrator can make, explicitly 16 disallowing the award of any “fine or other punitive damages or award of attorney’s 17 fees” and requiring the parties to equally share the cost of the arbitrator’s fees and 18 expenses. 18 1 {26}

2025It did not contemplate 14 the protection of the individual statutory rights of employees. 15 {24} We also recognize that by broadly interpreting the grievance provision to 16 require that WPA claims be brought to an arbitrator—without an express or implicit 17 mandate—has the potential to create a chilling effect in reporting improper 18 government activity, especially in instances when the Union’s interests in reporting 19 such activity diverge from the employee’s or when members of the Union are 17 1 implicated in the improper governmental activity that gives rise to the WPA claim. 2 See Ber

2025It did not contemplate 14 the protection of the individual statutory rights of employees. 15 {24} We also recognize that by broadly interpreting the grievance provision to 16 require that WPA claims be brought to an arbitrator—without an express or implicit 17 mandate—has the potential to create a chilling effect in reporting improper 18 government activity, especially in instances when the Union’s interests in reporting 19 such activity diverge from the employee’s or when members of the Union are 17 1 implicated in the improper governmental activity that gives rise to the WPA claim. 2 See Ber

2025See UJI 13-2321; see also Elane Photography, LLC v. Willock, 2013-NMSC-040, ¶ 70 , 309 P.3d 53 (“To rule on an inadequately briefed issue, this Court would have to develop the arguments itself, effectively performing the parties’ work for them.”).

2025See UJI 13-2321; see also Elane Photography, LLC v. Willock, 2013-NMSC-040, ¶ 70 , 309 P.3d 53 (“To rule on an inadequately briefed issue, this Court would have to develop the arguments itself, effectively performing the parties’ work for them.”).

2024Indirect Purchasers Microsoft Corp., 2007-NMCA-007, ¶ 70 (noting that the district court has the discretion to determine how many hours, in its experience, should have been expended on a specific case); see also id. ¶ 65 (“The district court has discretion to determine a reasonable hourly rate that reflects the prevailing market rates in the relevant community.” (internal quotation marks and citation omitted)). {18} Here, the district court’s reduction of Plaintiff’s requested attorney fee award appears to be based solely on its determination that Plaintiff’s request included time for work on

2024Indirect Purchasers Microsoft Corp., 2007-NMCA-007, ¶ 70 (noting that the district court has the discretion to determine how many hours, in its experience, should have been expended on a specific case); see also id. ¶ 65 (“The district court has discretion to determine a reasonable hourly rate that reflects the prevailing market rates in the relevant community.” (internal quotation marks and citation omitted)). {18} Here, the district court’s reduction of Plaintiff’s requested attorney fee award appears to be based solely on its determination that Plaintiff’s request included time for work on

2024See Dean v. Brizuela, 2010-NMCA-076, ¶ 16 , 148 N.M. 548 , 238 P.3d 917 (“[I]t has long been the rule in New Mexico that a party is only entitled to those fees resulting from the cause of action for which there is authority to award attorney fees.”).

2024See Dean v. Brizuela, 2010-NMCA-076, ¶ 16 , 148 N.M. 548 , 238 P.3d 917 (“[I]t has long been the rule in New Mexico that a party is only entitled to those fees resulting from the cause of action for which there is authority to award attorney fees.”).

2024See Dean, 2010-NMCA-076, ¶ 19 ; see also Premier Tr. of Nev., Inc., 2021-NMCA-004, ¶ 10 . {15} In conclusion, Plaintiff has failed to show that the district court abused its discretion in reducing his attorney fee request to exclude time spent on matters other than the WPA claim.

2024See Dean, 2010-NMCA-076, ¶ 19 ; see also Premier Tr. of Nev., Inc., 2021-NMCA-004, ¶ 10 . {15} In conclusion, Plaintiff has failed to show that the district court abused its discretion in reducing his attorney fee request to exclude time spent on matters other than the WPA claim.

2024See Maestas I, 2020-NMCA-027, ¶ 20 (holding that the WPA required the district court to award Plaintiff reasonable attorney fees even though the jury did not award Plaintiff damages because the jury found Defendant had violated the provisions of the WPA); see also § 10-16C- 4(A) (stating that “an employer shall be required to pay the litigation costs and reasonable attorney fees of the employee”).

2024See Premier Tr. of Nev., Inc. v. City of Albuquerque, 2021-NMCA-004, ¶ 10 , 482 P.3d 1261 (explaining that “it is the appellant’s burden to demonstrate, by providing well-supported and clear arguments, that the district court has erred”). {14} Finally, Plaintiff asserts that the district court erred in failing to award him attorney fees for ministerial matters, such as travel, since these matters were related to the WPA claim.

2024See Premier Tr. of Nev., Inc. v. City of Albuquerque, 2021-NMCA-004, ¶ 10 , 482 P.3d 1261 (explaining that “it is the appellant’s burden to demonstrate, by providing well-supported and clear arguments, that the district court has erred”). {14} Finally, Plaintiff asserts that the district court erred in failing to award him attorney fees for ministerial matters, such as travel, since these matters were related to the WPA claim.

2023See, e.g., Sims v. Sims, 1996-NMSC-078 , ¶ 59, 122 N.M. 618 , 930 P.2d 153 (“An interlocutory decision is any decision made by the court prior to the final judgment.”); Gutierrez v. Gutierrez, 1993-NMCA-103 , ¶ 3, 116 N.M. 86 , 860 P.2d 216 (dismissing an appeal from a denial of a motion to dismiss on the ground that such an order is not final).

2023See, e.g., Sims v. Sims, 1996-NMSC-078 , ¶ 59, 122 N.M. 618 , 930 P.2d 153 (“An interlocutory decision is any decision made by the court prior to the final judgment.”); Gutierrez v. Gutierrez, 1993-NMCA-103 , ¶ 3, 116 N.M. 86 , 860 P.2d 216 (dismissing an appeal from a denial of a motion to dismiss on the ground that such an order is not final).

2019See Janet v. Marshall, 2013-NMCA-037, ¶ 9 , 296 P.3d 1253 (when determining legislative intent we look first to the plain language of the statute and give words their ordinary meaning, unless the Legislature indicates a different meaning was intended). {15} We note that the discharge procedure contained in the SPA was enacted prior to the enactment of the WPA.