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

N.M. Stat. § 10-7E-9 (2026)

Board; powers and duties.

✓ current as of May 2026
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A. The board or a local board shall promulgate rules necessary to accomplish and
perform its functions and duties as established in the Public Employee Bargaining Act,
including the establishment of procedures for:

          (1)   the designation of appropriate bargaining units;

          (2)   the selection, certification and decertification of exclusive representatives;
and

       (3)      the filing of, hearing on and determination of complaints of prohibited
practices.

   B. The board or a local board shall:

          (1)   hold hearings and make inquiries necessary to carry out its functions and
duties;

          (2)   conduct studies on problems pertaining to employee-employer relations;
and

      (3)      request from public employers and labor organizations the information and
data necessary to carry out the board's or the local board's functions and
responsibilities.
    C. The board or a local board may issue subpoenas requiring, upon reasonable
notice, the attendance and testimony of witnesses and the production of evidence,
including books, records, correspondence or documents relating to the matter in
question. The board or a local board may prescribe the form of subpoena, but it shall
adhere insofar as practicable to the form used in civil actions in the district court. The
board or a local board may administer oaths and affirmations, examine witnesses and
receive evidence.

    D. The board or a local board shall decide issues by majority vote and each shall
issue its decisions in the form of written orders and opinions.

   E. The board or a local board may hire personnel or contract with third parties as
each deems necessary to assist it in carrying out its functions and each may delegate
any or all of its authority to those third parties, subject to final review of the board or
local board.

    F. The board or a local board each has the power to enforce provisions of the
Public Employee Bargaining Act through the imposition of appropriate administrative
remedies, actual damages related to dues, back pay including benefits, reinstatement
with the same seniority status that the employee would have had but for the violation,
declaratory or injunctive relief or provisional remedies, including temporary restraining
orders or preliminary injunctions. No punitive damages or attorney fees may be
awarded by the board or local board.

    G. Local board rules shall conform to the rules adopted by the board and shall not
be effective until approved by an order of the board. On good cause shown, the board
may approve rules proposed by a local board, which rules vary from rules of the board.
All rules promulgated by a local board shall comply with state law. A rule promulgated
by the board or a local board shall not require, directly or indirectly, as a condition of
continuous employment, a public employee covered by the Public Employee Bargaining
Act to pay money to a labor organization that is certified as an exclusive representative.

    H. The board shall maintain current versions of its rules and current versions of the
rules of each local board on a publicly accessible website. That website shall also
include a current listing of the members of the board and the members of each local
board. Each local board shall notify the board, within thirty days of revisions of its rules
or changes in its membership, of any such revisions of its rules or changes in its
membership.

History: Laws 2003, ch. 4, § 9; 2003, ch. 5, § 9; 2020, ch. 48, § 4.

                                      ANNOTATIONS

The 2020 amendment, effective July 1, 2020, provided certain powers and duties to
local labor boards, and revised certain powers and duties of the public employee labor
relations board; added "or a local board" or "and local board" after each occurrence of
"board" throughout the section; in Subsection E, after "functions", added "and each may
delegate any or all of its authority to those third parties, subject to final review of the
board or local board"; in Subsection F, after "administrative remedies", added "actual
damages related to dues, back pay including benefits, reinstatement with the same
seniority status that the employee would have had but for the violation, declaratory or
injunctive relief or provisional remedies, including temporary restraining orders or
preliminary injunctions. No punitive damages or attorney fees may be awarded by the
board or local board"; in Subsection G, added the first three sentences of the
subsection, and deleted "The issue of fair share shall be left a permissive subject of
bargaining by the public employer and the exclusive representative of each bargaining
unit."; and added Subsection H.

Retroactive application of statute of limitations. — The six-month limitation period
enacted by 11.21.3.9 NMAC, effective March 15, 2004, did not apply retroactively to bar
the plaintiff’s claim of breach of the plaintiff’s union’s duty of fair representation that the
plaintiff first became aware of in 2002 and which the plaintiff filed on March 22, 2004.
Akins v. United Steel Workers of Am., 2009-NMCA-051, 146 N.M. 237, 208 P.3d 457,
aff'd, 2010-NMSC-031, 148 N.M. 442, 237 P.3d 744.
Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 2007–2026 · leading case: Alarcon v. Albuquerque Pub. Schs. Bd. of Educ., 413 P.3d 507 (N.M. Ct. App. 2017).
Sort: Relevance Newest Treatment
Alarcon v. Albuquerque Pub. Schs. Bd. of Educ., 413 P.3d 507 (N.M. Ct. App. 2017). · cites it 4× “See Section 10-7E-9(A)(3) and (F) (providing that the PELRB has the power to enforce the PEBA, and to this end, may establish rules necessary for the filing, hearing of, and determination of complaints of practices prohibited by the PEBA).”
Hendrickson v. AFSCME Council 18, 992 F.3d 950 (10th Cir. 2021). “See N.M. Stat. § 10-7E-9. Moreover, the New Mexico Supreme Court has insulated the PELRB from other executive branch officials.”
State v. Am. Fed'n of State, 2012 NMCA 114 (N.M. Ct. App. 2012). · cites it 4× “” Section 10-7E-9(A). One of the regulations promulgated by the Board expresses the same effort to define an arbitrator’s power in a manner that expresses its outer boundaries: If the subject matter of a prohibited practices complaint requires the interpretation of a collective…”
City of Deming v. Deming Firefighters Local 4521, 160 P.3d 595 (N.M. Ct. App. 2007). · cites it 2× “Section 10-7E-9(A)(2)-(3). As we have discussed, if the grandfather clause applies, the PELRB does not have jurisdiction to rule on the merits of any claims that the City has not complied with the PEBA.”
City of Albuquerque v. Montoya, 274 P.3d 108 (N.M. 2012). · cites it 2× “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.”
Akins v. United Steelworkers of Am., 208 P.3d 457 (N.M. Ct. App. 2009). · cites it 2× “NMSA 1978, § 10-7E-9 (2003). This legislative delegation of rule-making power presumably resulted in the enactment of the six-month limitation period by regulation 11.”
Am. Fed'n of State v. Martinez, 257 P.3d 952 (N.M. 2011). · cites it 2× “{3} The PELRB has rule-making authority, NMSA 1978, § 10-7E-9(A) (2003), and it is empowered to adjudicate disputes and enforce the provisions of the Act, NMSA 1978, § 10-7E-12(A)(3), (C) (2005).”
Am. Fed'n of State v. Martinez, 2011 NMSC 18 (N.M. 2011). · cites it 2× “{3} The PELRB has rule-making authority, NMSA 1978, § 10-7E-9(A) (2003), and it is empowered to adjudicate disputes and enforce the provisions of the Act, NMSA 1978, § 10-7E-12(A)(3), (C) (2005).”
City of Albuquerque v. Am. Fed'n of State, Employees Local 1888, 2015 NMCA 023 (N.M. Ct. App. 2014). · cites it 4× “See §10-7E-9 (“Board; powers and duties.”). We note that this decision is limited to the narrow issue of jurisdiction under the PEBA.”
Silva-Steele v. Enghouse (N.M. Ct. App. 2026). · cites it 2× “{11} Instead, Enghouse argues that the Public Employee Labor Relations Board (PELRB) had “primary jurisdiction” over the district court.”
AFSCME v. City of Espanola (N.M. Ct. App. 2022). “” Sections 10-7E-9(F), -8(A).3 {6} The City first argues that the PEBA was a comprehensive revision of the law regarding unionized public employees and public employers such that it supersedes the UAA.”
— N.M. Stat. § 10-7E-9(A) — 5 cases
State v. Am. Fed'n of State, 2012 NMCA 114 (N.M. Ct. App. 2012). “” Section 10-7E-9(A). One of the regulations promulgated by the Board expresses the same effort to define an arbitrator’s power in a manner that expresses its outer boundaries: If the subject matter of a prohibited practices complaint requires the interpretation of a collective…”
City of Albuquerque v. Montoya, 274 P.3d 108 (N.M. 2012). “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.”
Am. Fed'n of State v. Martinez, 257 P.3d 952 (N.M. 2011). “{3} The PELRB has rule-making authority, NMSA 1978, § 10-7E-9(A) (2003), and it is empowered to adjudicate disputes and enforce the provisions of the Act, NMSA 1978, § 10-7E-12(A)(3), (C) (2005).”
Am. Fed'n of State v. Martinez, 2011 NMSC 18 (N.M. 2011). “{3} The PELRB has rule-making authority, NMSA 1978, § 10-7E-9(A) (2003), and it is empowered to adjudicate disputes and enforce the provisions of the Act, NMSA 1978, § 10-7E-12(A)(3), (C) (2005).”
City of Albuquerque v. Am. Fed'n of State, Employees Local 1888, 2015 NMCA 023 (N.M. Ct. App. 2014). “See §10-7E-9 (“Board; powers and duties.”). We note that this decision is limited to the narrow issue of jurisdiction under the PEBA.”
— N.M. Stat. § 10-7E-9(A)(2) — 1 case
City of Deming v. Deming Firefighters Local 4521, 160 P.3d 595 (N.M. Ct. App. 2007). “Section 10-7E-9(A)(2)-(3). As we have discussed, if the grandfather clause applies, the PELRB does not have jurisdiction to rule on the merits of any claims that the City has not complied with the PEBA.”
— N.M. Stat. § 10-7E-9(A)(3) — 1 case
Alarcon v. Albuquerque Pub. Schs. Bd. of Educ., 413 P.3d 507 (N.M. Ct. App. 2017). “See Section 10-7E-9(A)(3) and (F) (providing that the PELRB has the power to enforce the PEBA, and to this end, may establish rules necessary for the filing, hearing of, and determination of complaints of practices prohibited by the PEBA).”
— N.M. Stat. § 10-7E-9(D) — 1 case
Alarcon v. Albuquerque Pub. Schs. Bd. of Educ., 413 P.3d 507 (N.M. Ct. App. 2017). “See Section 10-7E-9(A)(3) and (F) (providing that the PELRB has the power to enforce the PEBA, and to this end, may establish rules necessary for the filing, hearing of, and determination of complaints of practices prohibited by the PEBA).”
— N.M. Stat. § 10-7E-9(F) — 3 cases
Silva-Steele v. Enghouse (N.M. Ct. App. 2026). “{11} Instead, Enghouse argues that the Public Employee Labor Relations Board (PELRB) had “primary jurisdiction” over the district court.”
AFSCME v. City of Espanola (N.M. Ct. App. 2022). “” Sections 10-7E-9(F), -8(A).3 {6} The City first argues that the PEBA was a comprehensive revision of the law regarding unionized public employees and public employers such that it supersedes the UAA.”
City of Albuquerque v. Am. Fed'n of State, Employees Local 1888, 2015 NMCA 023 (N.M. Ct. App. 2014). “See §10-7E-9 (“Board; powers and duties.”). We note that this decision is limited to the narrow issue of jurisdiction under the PEBA.”
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