N.M. Stat. » N.M. Stat. / Chapter 10 / Article 7E
New Mexico Statutes

N.M. Stat. § 10-7E-10 (2026)

Local boards; conditions of continued existence; transfer

✓ current as of May 2026
Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar 
of authority upon termination; prohibition of new local boards.
    A. All local boards shall continue to exist except as provided in Subsections B
through J of this section.

    B. No later than December 31, 2020, each local board shall submit to the board
copies of a revised local ordinance, resolution or charter amendment authorizing
continuation of the local board. A local board that fails to meet the submission deadline
set forth in this subsection shall cease to exist on January 1, 2021. No later than
February 15, 2021, the board shall determine whether the local ordinance, resolution or
charter amendment authorizing continuation of a local board provides the same or
greater rights to public employees and labor organizations as the Public Employee
Bargaining Act, allows for the determination of, and remedies for, an action that would
constitute a prohibited practice under the Public Employee Bargaining Act and contains
impasse resolution procedures equivalent to those set forth in Section 10-7E-18 NMSA
1978. If the board determines that a local ordinance, resolution or charter amendment
authorizing continuation of a local board does not satisfy the requirements of this
subsection, defects may be cured by June 30, 2021 or the local board will cease to
exist. The board shall certify by written order whether the requirements of this
subsection have been met.

     C. No later than April 30, 2021, each local board shall submit to the board copies of
its rules. A local board that fails to meet the submission deadline set forth in this
subsection shall cease to exist on July 1, 2021. No later than May 30, 2021, the board
shall determine whether the rules of a local board conform to the rules of the board, or
for good cause shown, any variances meet the requirements of the Public Employee
Bargaining Act. If the board determines that the rules of a local board do not meet the
requirements of this subsection, the local board may cure any defects by June 30, 2021,
or it will cease to exist. The board shall certify by written order whether the
requirements of this subsection have been met by a local board.

   D. A local board existing as of July 1, 2021 shall continue to exist after December
31, 2021 only if it has submitted to the board an affirmation that:

       (1)   the public employer subject to the local board has affirmatively elected to
continue to operate under the local board; and

       (2)    each labor organization representing employees of the public employer
subject to the local board has submitted a written notice to the board that it affirmatively
elects to continue to operate under the local board.

   E. The affirmation required pursuant to Subsection D of this section shall be
submitted to the board by each local board between November 1 and December 31 of
each odd-numbered year. A local board that fails to timely submit the affirmation
required by this subsection shall cease to exist as of January 1 of the next even-
numbered year.

   F. Beginning on July 1, 2020, if at any time thereafter a local board has a
membership vacancy exceeding sixty days in length, the local board shall cease to
exist.

   G. A local board may cease to exist upon:

       (1)    a repeal of the local ordinance, resolution or charter amendment
authorizing continuation of the local board; or

       (2)    a vote of a local board, which vote is filed with the board.

   H. Once a local board ceases to exist for any reason, it may not be revived.

   I. Whenever a local board ceases to exist, all matters pending before such local
board shall be transferred to the board for resolution.

   J. After June 30, 2020, no new local board may be created.

History: Laws 2003, ch. 4, § 10; 2003, ch. 5, § 10; repealed and reenacted by Laws
2020, ch. 48, § 5.

                                     ANNOTATIONS

Repeals and reenactments. — Laws 2020, ch. 48, § 5 repealed former 10-7E-10
NMSA 1978 and enacted a new section, effective July 1, 2020.
Local board selection. — City ordinance that allows a public employer to select two
members of the three-member local board to adjudicate labor-management disputes
does not productively allow employees to collectively bargain. City of Deming v. Deming
Firefighters Local 4521, 2007-NMCA-069, 141 N.M. 686, 160 P.3d 595.
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2010–2022 · leading case: City of Albuquerque v. Montoya, 2012-NMSC-007, 274 P.3d 108.
Sort: Relevance Newest Treatment
City of Albuquerque v. Montoya, 2012-NMSC-007, 274 P.3d 108. · cites it 11× “The local board shall be comprised of one member appointed on the recommendation of individuals representing labor, one member appointed on the recommendation of individuals representing management, and one member appointed on the recommendation of the first two appointees.”
City of Albuquerque v. Montoya, 2010-NMCA-100, 242 P.3d 497. · cites it 5× “” See § 10-7E-10. The PELRB therefore denied Appellee’s motion to dismiss the PPC before the PELRB, asserting that it would “exercise its jurisdiction and hear this case.”
N. New Mexico Fed'n of Educ. Employees v. N. New Mexico Coll., 2016-NMCA-036, 369 P.3d 22. · cites it 4× “Consistent with the Public Employee Bargaining Act (PEBA), NMSA 1978, §§10-7E-10 to -11 (2003, as amended through 2005), the College adopted the Resolution creating the Board and detailing the provisions governing the College’s employer-employee relations.”
N. N.M. Fed'n of Educ. Emps. v. N. N.M. Coll. (N.M. Ct. App. 2015). · cites it 4× “Consistent with the Public Employee Bargaining 6 Act (PEBA), NMSA 1978, §§ 10-7E-10 to -11 (2003, as amended through 2005), the 7 College adopted the Resolution creating the Board and detailing the provisions 8 governing the College’s employer-employee relations.”
City of Albuquerque v. Montoya, 242 P.3d 497 (N.M. Ct. App. 2010). · cites it 5× “" See § 10-7E-10. The PELRB therefore denied Appellee's motion to dismiss the PPC before the PELRB, asserting that it would "exercise its jurisdiction and hear this case.”
AFSCME v. City of Espanola (N.M. Ct. App. 2022). · cites it 2× “” Section 10-7E-10(A). However, no such local board was available for the parties in this case.”
Lopez v. City of Belen (N.M. Ct. App. 2022). · cites it 2× “{4} Having satisfied ourselves as to our jurisdiction, we note that Petitioner’s claim and associated remedies survives, even though Petitioner—the sole named party complainant—died after the close of evidence but prior to the issuance of the Board’s final decision and order.”
N.M. Stat. § 10-7E-10(A): 4 cases
City of Albuquerque v. Montoya, 2012-NMSC-007, 274 P.3d 108. “The local board shall be comprised of one member appointed on the recommendation of individuals representing labor, one member appointed on the recommendation of individuals representing management, and one member appointed on the recommendation of the first two appointees.”
N. New Mexico Fed'n of Educ. Employees v. N. New Mexico Coll., 2016-NMCA-036, 369 P.3d 22. “Consistent with the Public Employee Bargaining Act (PEBA), NMSA 1978, §§10-7E-10 to -11 (2003, as amended through 2005), the College adopted the Resolution creating the Board and detailing the provisions governing the College’s employer-employee relations.”
AFSCME v. City of Espanola (N.M. Ct. App. 2022). “” Section 10-7E-10(A). However, no such local board was available for the parties in this case.”
N. N.M. Fed'n of Educ. Emps. v. N. N.M. Coll. (N.M. Ct. App. 2015). “Consistent with the Public Employee Bargaining 6 Act (PEBA), NMSA 1978, §§ 10-7E-10 to -11 (2003, as amended through 2005), the 7 College adopted the Resolution creating the Board and detailing the provisions 8 governing the College’s employer-employee relations.”
N.M. Stat. § 10-7E-10(B): 3 cases
City of Albuquerque v. Montoya, 2012-NMSC-007, 274 P.3d 108. “The local board shall be comprised of one member appointed on the recommendation of individuals representing labor, one member appointed on the recommendation of individuals representing management, and one member appointed on the recommendation of the first two appointees.”
City of Albuquerque v. Montoya, 2010-NMCA-100, 242 P.3d 497. “” See § 10-7E-10. The PELRB therefore denied Appellee’s motion to dismiss the PPC before the PELRB, asserting that it would “exercise its jurisdiction and hear this case.”
City of Albuquerque v. Montoya, 242 P.3d 497 (N.M. Ct. App. 2010). “" See § 10-7E-10. The PELRB therefore denied Appellee's motion to dismiss the PPC before the PELRB, asserting that it would "exercise its jurisdiction and hear this case.”
N.M. Stat. § 10-7E-10(C): 1 case
City of Albuquerque v. Montoya, 2012-NMSC-007, 274 P.3d 108. “The local board shall be comprised of one member appointed on the recommendation of individuals representing labor, one member appointed on the recommendation of individuals representing management, and one member appointed on the recommendation of the first two appointees.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.