New Mexico Statutes
N.M. Stat. § 10-7E-2 (2026)
Purpose of act.
✓ current as of May 2026
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The purpose of the Public Employee Bargaining Act is to guarantee public
employees the right to organize and bargain collectively with their employers, to
promote harmonious and cooperative relationships between public employers and
public employees and to protect the public interest by ensuring, at all times, the orderly
operation and functioning of the state and its political subdivisions.
History: Laws 2003, ch. 4, § 2 and by Laws 2003, ch. 5, § 2.
ANNOTATIONS
Compiler's notes. — Laws 2003, ch. 4, § 2 and Laws 2003, ch. 5, § 2 enacted identical
new sections of law, effective July 1, 2003. Both were compiled as 10-7E-2 NMSA
1978.
Consistency of local ordinance with act's purpose. — 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, and, as such, violates the purpose of the Public Employee Bargaining Act as
stated in Section 10-7E-2 NMSA 1978. City of Deming v. Deming Firefighters Local
4521, 2007-NMCA-069, 141 N.M. 686, 160 P.3d 595.Notes of Decisions
Cited in 24
cases (2 in the last 5 years), 2006–2022 · leading case: Int'l Ass'n of Firefighters v. City of Carlsbad, 216 P.3d 256 (N.M. Ct. App. 2009).
Int'l Ass'n of Firefighters v. City of Carlsbad, 216 P.3d 256 (N.M. Ct. App. 2009). “” Section 10-7E-2; § 10-7D-2. In its re-enactment, the Legislature made a significant change to the impasse resolution procedures.”
City of Albuquerque v. Montoya, 274 P.3d 108 (N.M. 2012). “an interim member of the City's Labor Board "with due regard to the representative character of the Board," is not entitled to grandfather status under [the Act] because the provision does not productively allow collective bargaining? *111 GRANDFATHER CLAUSE {9} The Act, which…”
AFSCME Council 18 v. City of Albuquerque, 2013 NMCA 63 (N.M. Ct. App. 2013). “The applicable grandfather clause states: A public employer other than the state that prior to October 1, 1991[,] adopted by ordinance, resolution or charter amendment a system of provisions and procedures permitting employees to form, join or assist a labor organization for the…”
Am. Fed'n of State v. Martinez, 257 P.3d 952 (N.M. 2011). “In particular, the Legislature established the following purpose for the Act: The purpose of the Public Employee Bargaining Act is to guarantee public employees the right to organize and bargain collectively with their employers, to promote harmonious and cooperative…”
N.M. Corr. Dep't v. AFSCME, 2018 NMCA 7 (N.M. Ct. App. 2017). “” NMSA 1978, § 10-7E-2 (2003). Consistent with the second and third stated purposes, the Legislature provided that it shall be a prohibited practice for a public employer to “discriminate against a public employee with regard to terms and conditions of employment because of the…”
Alarcon v. Albuquerque Pub. Schs. Bd. of Educ., 413 P.3d 507 (N.M. Ct. App. 2017). “{58} One of the stated purposes of the PEBA "is to guarantee public employees the right to organize and bargain collectively with their employers," Section 10-7E-2. "Collective bargaining" is defined to mean "the act of negotiating between a public employer and an exclusive…”
City of Deming v. Deming Firefighters Local 4521, 160 P.3d 595 (N.M. Ct. App. 2007). “Section 10-7E-2. It contains a grandfather clause that reads: A public employer other than the state that prior to October 1, 1991 adopted by ordinance, resolution or charter amendment a system of provisions and procedures permitting employees to form, join or assist a labor…”
Luginbuhl v. City of Gallup, 2013 NMCA 53 (N.M. Ct. App. 2013). “” Section 10-7E-2. Furthermore, as the City points out, Petitioner, as an undisputed member of the bargaining unit, enjoyed the benefits of the CBA’s provisions, including increased compensation for serving as a member of the emergency response team, vacation and holiday pay, a…”
Callahan v. New Mexico Fed'n of Teachers-TVI, 131 P.3d 51 (N.M. 2006). “Although the two acts appear to be identical in relevant part, see §§ 10-7E-2 to 10-7E-26 (2003, amended 2005), we rely on the provisions of PEBA I because the relevant events occurred prior to the repeal of PEBA I.”
State v. Am. Fed'n of State, 2012 NMCA 114 (N.M. Ct. App. 2012). “See contra § 10-7E-2 (“The purpose of [PEBA] is to .”
AFSCME Council 18 v. City of Albuquerque, 2013 NMCA 12 (N.M. Ct. App. 2012). “” Section 10-7E-2. It grants most public employees the right to “form, join or assist a labor organization for the purpose of collective bargaining through representatives chosen by public employees.”
Am. Fed'n of State v. Martinez, 2011 NMSC 18 (N.M. 2011). “In particular, the Legislature established the following purpose for the Act: The purpose of the Public Employee Bargaining Act is to guarantee public employees the right to organize and bargain collectively with their employers, to promote harmonious and cooperative…”
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