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

N.M. Stat. § 10-7E-26 (2026)

Repealed.

✓ current as of May 2026
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History: Laws 2003, ch. 4, § 26; 2003, ch. 5, § 26; repealed by Laws 2020, ch. 48, §
13.
                                    ANNOTATIONS

Repeals. — Laws 2020, ch. 48, § 13 repealed 10-7E-26 NMSA 1978, as enacted by
Laws 2003, ch. 4, § 26 and Laws 2003, ch. 5, § 26, relating to existing ordinances
providing for public employee bargaining, effective July 1, 2020. For provisions of
former section, see the 2019 NMSA 1978 on NMOneSource.com.
Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 2007–2021 · leading case: AFSCME Council 18 v. City of Albuquerque, 2013 NMCA 63 (N.M. Ct. App. 2013).
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AFSCME Council 18 v. City of Albuquerque, 2013 NMCA 63 (N.M. Ct. App. 2013). · cites it 14× “Section 10-7E-26(A). {7} Our Supreme Court has delineated a two-part test for determining when a public 3 employer’s procedures are entitled to grandfather status under the predecessor version of Section 10-7E-26(A).”
City of Deming v. Deming Firefighters Local 4521, 160 P.3d 595 (N.M. Ct. App. 2007). · cites it 10× “Section 10-7E-26(A). {3} The City adopted an ordinance pertaining to labor-management relations and employee organizing and collective bargaining on January 14, 1991.”
City of Albuquerque v. Montoya, 274 P.3d 108 (N.M. 2012). · cites it 10× “Section 10-7E-26. The Act's grandfather clause allows a public employer to preserve an existing collective bargaining system that was created prior to October 1, 1991, as long as the "system of provisions and procedures permit[s] employees to form, join or assist a labor…”
AFSCME v. Bd. of Cty. Comm'rs of Bernalillo Cty., 2016 NMSC 17 (N.M. 2016). · cites it 6× “5, § 2-210(f) (1975) (stating that “[a]ny allegation that a prohibited practice has been committed will be submitted to the [County Labor Board]” and describing the procedures the County Labor Board shall follow); Bernalillo County, N.M., Ordinances, ch.”
AFSCME Council 18 v. City of Albuquerque, 2013 NMCA 12 (N.M. Ct. App. 2012). · cites it 17× “” NMSA 1978, § 10-7D-26(B) (1992) (repealed 1999). This language, which contained an effectiveness component necessary for grandfather status for public employers other than the state and municipalities, was removed by the Legislature when it reenacted the PEBA in 2003.”
Am. Fed'n of State v. City of Albuquerque, 2013 NMCA 063 (N.M. 2013). · cites it 26× “2, §§ 3-2-1 to -18 (1974, as amended through 2002), was entitled to grandfather status under NMSA 1978, Section 10-7E-26(A) (2003), and therefore exempt from compliance with the PEBA’s evergreen provision.”
Am. Fed'n of State v. City of Albuquerque, 2013 NMCA 012 (N.M. Ct. App. 2013). · cites it 19× “” NMSA 1978, § 10-7D-26(B) (1992) (repealed 1999).”
Am. Fed'n of State v. Bd. of Cnty. Commissioners, 2015 NMCA 070 (N.M. Ct. App. 2015). · cites it 8× “Plaintiffs sought a declaration that Bernalillo County was not entitled to “grandfather” status under the Public Employee Bargaining Act (PEBA), NMSA 1978, § 10-7E-26(A) (2003), and that they were therefore not required to adjudicate labor disputes before the Bernalillo County…”
Nat'l Union of Hosp. & Health Care Employees Dist. No. 1199 v. Bd. of Regents, 245 P.3d 51 (N.M. Ct. App. 2010). “See § 10-7E-26(B) (authorizing a public employer to adopt a resolution to govern collective bargaining); LMRR § 15(A), (B).”
Am. Fed'n of State, Cnty. & Mun. Employees, Council 18, Locals 1461, 2260 & 2499 v. Bd. of Cnty. Commissioners, 2016 NMSC 017 (N.M. 2016). · cites it 6× “, Ordinances, ch.2, art. Ill, div.5, § 2-214 (1975) (establishing and defining the function and membership of the County Labor Board as well as the process for appointment of its members and their term lengths).”
City of Albuquerque v. Montoya, 2010 NMCA 100 (N.M. Ct. App. 2010). · cites it 4× “We hold that the ordinance establishing Appellee’s labor board is not eligible to be grandfathered pursuant to Section 10-7E-26(A). Because we so hold, we need not address Appellants’ remaining procedural issues.”
N. New Mexico Fed'n of Educ. Employees v. N. New Mexico Coll., 2016 NMCA 036 (N.M. Ct. App. 2015). · cites it 4× “See Section 10-7E-26(B) (stating that a public employer other than the state, which adopts collective bargaining procedures after October 1, 1991, must include certain provisions and procedures in its implementing document).”
Show all 19 citing cases →
N.M. Stat. § 10-7E-26(A): 16 cases
City of Deming v. Deming Firefighters Local 4521, 160 P.3d 595 (N.M. Ct. App. 2007). “Section 10-7E-26(A). {3} The City adopted an ordinance pertaining to labor-management relations and employee organizing and collective bargaining on January 14, 1991.”
AFSCME v. Bd. of Cty. Comm'rs of Bernalillo Cty., 2016 NMSC 17 (N.M. 2016). “5, § 2-210(f) (1975) (stating that “[a]ny allegation that a prohibited practice has been committed will be submitted to the [County Labor Board]” and describing the procedures the County Labor Board shall follow); Bernalillo County, N.M., Ordinances, ch.”
City of Albuquerque v. Montoya, 274 P.3d 108 (N.M. 2012). “Section 10-7E-26. The Act's grandfather clause allows a public employer to preserve an existing collective bargaining system that was created prior to October 1, 1991, as long as the "system of provisions and procedures permit[s] employees to form, join or assist a labor…”
AFSCME Council 18 v. City of Albuquerque, 2013 NMCA 63 (N.M. Ct. App. 2013). “Section 10-7E-26(A). {7} Our Supreme Court has delineated a two-part test for determining when a public 3 employer’s procedures are entitled to grandfather status under the predecessor version of Section 10-7E-26(A).”
AFSCME Council 18 v. City of Albuquerque, 2013 NMCA 12 (N.M. Ct. App. 2012). “” NMSA 1978, § 10-7D-26(B) (1992) (repealed 1999). This language, which contained an effectiveness component necessary for grandfather status for public employers other than the state and municipalities, was removed by the Legislature when it reenacted the PEBA in 2003.”
N.M. Stat. § 10-7E-26(B): 4 cases
Nat'l Union of Hosp. & Health Care Employees Dist. No. 1199 v. Bd. of Regents, 245 P.3d 51 (N.M. Ct. App. 2010). “See § 10-7E-26(B) (authorizing a public employer to adopt a resolution to govern collective bargaining); LMRR § 15(A), (B).”
N. New Mexico Fed'n of Educ. Employees v. N. New Mexico Coll., 2016 NMCA 036 (N.M. Ct. App. 2015). “See Section 10-7E-26(B) (stating that a public employer other than the state, which adopts collective bargaining procedures after October 1, 1991, must include certain provisions and procedures in its implementing document).”
City of Albuquerque v. Am. Fed'n of State, Employees Local 1888, 2015 NMCA 023 (N.M. Ct. App. 2014).
N. N.M. Fed'n of Educ. Emps. v. N. N.M. Coll. (N.M. Ct. App. 2015).
N.M. Stat. § 10-7E-26(B)(1): 3 cases
AFSCME Council 18 v. City of Albuquerque, 2013 NMCA 63 (N.M. Ct. App. 2013). “Section 10-7E-26(A). {7} Our Supreme Court has delineated a two-part test for determining when a public 3 employer’s procedures are entitled to grandfather status under the predecessor version of Section 10-7E-26(A).”
Am. Fed'n of State v. City of Albuquerque, 2013 NMCA 063 (N.M. 2013). “2, §§ 3-2-1 to -18 (1974, as amended through 2002), was entitled to grandfather status under NMSA 1978, Section 10-7E-26(A) (2003), and therefore exempt from compliance with the PEBA’s evergreen provision.”
AFSCME Council 18 v. City of Albuquerque (N.M. Ct. App. 2013).
N.M. Stat. § 10-7E-26(B)(8): 5 cases
AFSCME Council 18 v. City of Albuquerque, 2013 NMCA 63 (N.M. Ct. App. 2013). “Section 10-7E-26(A). {7} Our Supreme Court has delineated a two-part test for determining when a public 3 employer’s procedures are entitled to grandfather status under the predecessor version of Section 10-7E-26(A).”
AFSCME Council 18 v. City of Albuquerque, 2013 NMCA 12 (N.M. Ct. App. 2012). “” NMSA 1978, § 10-7D-26(B) (1992) (repealed 1999). This language, which contained an effectiveness component necessary for grandfather status for public employers other than the state and municipalities, was removed by the Legislature when it reenacted the PEBA in 2003.”
Am. Fed'n of State v. City of Albuquerque, 2013 NMCA 012 (N.M. Ct. App. 2013). “” NMSA 1978, § 10-7D-26(B) (1992) (repealed 1999).”
Am. Fed'n of State v. City of Albuquerque, 2013 NMCA 063 (N.M. 2013). “2, §§ 3-2-1 to -18 (1974, as amended through 2002), was entitled to grandfather status under NMSA 1978, Section 10-7E-26(A) (2003), and therefore exempt from compliance with the PEBA’s evergreen provision.”
AFSCME Council 18 v. City of Albuquerque (N.M. Ct. App. 2013).
N.M. Stat. § 10-7E-26(B)(9): 1 case
N. New Mexico Fed'n of Educ. Employees v. N. New Mexico Coll., 2016 NMCA 036 (N.M. Ct. App. 2015). “See Section 10-7E-26(B) (stating that a public employer other than the state, which adopts collective bargaining procedures after October 1, 1991, must include certain provisions and procedures in its implementing document).”
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