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

N.M. Stat. § 10-7E-8 (2026)

Public employee labor relations board; created; terms;

✓ current as of May 2026
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qualifications.
    A. The "public employee labor relations board" is created. The board consists of
three members appointed by the governor. The governor shall appoint one member
recommended by organized labor representatives actively involved in representing
public employees, one member recommended by public employers actively involved in
collective bargaining and one member jointly recommended by the other two
appointees.

    B. Except for appointments made in 2003, board members shall serve for a period
of three years with terms commencing on July 1. Vacancies shall be filled by
appointment by the governor in the same manner as the original appointment, and such
appointments shall only be made for the remainder of the unexpired term. A board
member may serve an unlimited number of terms.

    C. During the term for which he is appointed, a board member shall not hold or seek
any other political office or public employment or be an employee of a labor organization
or an organization representing public employees or public employers.
   D. Each board member shall be paid per diem and mileage in accordance with the
provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].

   E. For the purpose of making initial appointments to the board in 2003, the governor
shall designate one member to serve a one-year term, one member to serve a two-year
term and one member to serve a three-year term. Thereafter, all members shall be
appointed for three-year terms.

History: Laws 2003, ch. 4, § 8 and by Laws 2003, ch. 5, § 8.

                                       ANNOTATIONS

Compiler's notes. — Laws 2003, ch. 4, § 8 and Laws 2003, ch. 5, § 8 enacted identical
new sections of law, effective July 1, 2003. Both were compiled as 10-7E-8 NMSA
1978.

Removal of board members. — The governor does not have authority under Article V,
Section 5 of the New Mexico Constitution to remove members of the public employee
labor relations board created by Section 10-7E-8 NMSA 1978. AFSCME v. Martinez,
2011-NMSC-018, 150 N.M. 132, 257 P.3d 952.
Notes of Decisions
Cited in 7 cases, 2010–2014 · leading case: Am. Fed'n of State v. Martinez, 257 P.3d 952 (N.M. 2011).
Sort: Relevance Newest Treatment
Am. Fed'n of State v. Martinez, 257 P.3d 952 (N.M. 2011). · cites it 8× “" NMSA 1978, § 10-7E-8(A) (2003). The Act is silent regarding how and whether a board member may be removed.”
City of Albuquerque v. Montoya, 274 P.3d 108 (N.M. 2012). · cites it 2× “Section 10-7E-10(A) of the Act requires that the local board be balanced in membership and therefore a neutral body.”
Am. Fed'n of State v. Martinez, 2011 NMSC 18 (N.M. 2011). · cites it 8× “” NMSA 1978, § 10-7E-8(A) (2003). The Act is silent regarding how and whether a board member may be removed.”
State v. Am. Fed'n of State, 2012 NMCA 114 (N.M. Ct. App. 2012). · cites it 2× “See §§ 10-7E-8, -9 (providing that Board powers and duties include “the filing of, hearing on and determination of complaints of prohibited practices”).”
City of Albuquerque v. Montoya, 2010 NMCA 100 (N.M. Ct. App. 2010). “See § 10-7E-10(B) (stating that a local board shall be composed of one member appointed on the recommendation of labor representatives, one appointed on the recommendation of management representatives, and the third appointed on the recommendation of the first two appointees);…”
City of Albuquerque v. Am. Fed'n of State, Employees Local 1888, 2015 NMCA 023 (N.M. Ct. App. 2014). · cites it 3× “NMSA 1978, § 10-7E-8(A) (2003). The PELRB “has the power to enforce provisions of the [PEBA.”
City of Albuquerque v. Montoya, 242 P.3d 497 (N.M. Ct. App. 2010). “See § 10-7E-10(B) (stating that a local board shall be composed of one member appointed on the recommendation of labor representatives, one appointed on the recommendation of management representatives, and the third appointed on the recommendation of the first two appointees);…”
N.M. Stat. § 10-7E-8(A): 5 cases
Am. Fed'n of State v. Martinez, 257 P.3d 952 (N.M. 2011). “" NMSA 1978, § 10-7E-8(A) (2003). The Act is silent regarding how and whether a board member may be removed.”
Am. Fed'n of State v. Martinez, 2011 NMSC 18 (N.M. 2011). “” NMSA 1978, § 10-7E-8(A) (2003). The Act is silent regarding how and whether a board member may be removed.”
City of Albuquerque v. Montoya, 2010 NMCA 100 (N.M. Ct. App. 2010). “See § 10-7E-10(B) (stating that a local board shall be composed of one member appointed on the recommendation of labor representatives, one appointed on the recommendation of management representatives, and the third appointed on the recommendation of the first two appointees);…”
City of Albuquerque v. Am. Fed'n of State, Employees Local 1888, 2015 NMCA 023 (N.M. Ct. App. 2014). “NMSA 1978, § 10-7E-8(A) (2003). The PELRB “has the power to enforce provisions of the [PEBA.”
City of Albuquerque v. Montoya, 242 P.3d 497 (N.M. Ct. App. 2010). “See § 10-7E-10(B) (stating that a local board shall be composed of one member appointed on the recommendation of labor representatives, one appointed on the recommendation of management representatives, and the third appointed on the recommendation of the first two appointees);…”
N.M. Stat. § 10-7E-8(B): 2 cases
Am. Fed'n of State v. Martinez, 257 P.3d 952 (N.M. 2011). “" NMSA 1978, § 10-7E-8(A) (2003). The Act is silent regarding how and whether a board member may be removed.”
Am. Fed'n of State v. Martinez, 2011 NMSC 18 (N.M. 2011). “” NMSA 1978, § 10-7E-8(A) (2003). The Act is silent regarding how and whether a board member may be removed.”
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