Court rules in favor of governor in union dispute

By | The Associated Press
Posted: 2/9/2012, 3:39 PM Mountain time

ALBUQUERQUE -- Republican Gov. Susana Martinez won a court fight with labor unions Thursday over her appointee to a board that enforces New Mexico’s collective bargaining law for government employees.

State District Court Judge Nan Nash turned down a union request to remove Roger Bartosiewicz, a retired Clovis police chief, from the Public Employee Labor Relations Board.

The court case was the latest clash between Martinez and unions representing government workers. The state Supreme Court ruled against the governor last year after she ousted two board members before their terms had expired.

Under state law, the governor appoints one board member recommended by labor; one designated by public employers, and a third recommended by the other two.

In the latest case, the judge said Martinez properly appointed Bartosiewicz because he was recommended by the Clovis Police Officers’ Association. However, a majority of unions had wanted the governor to reappoint Albuquerque lawyer John Boyd when his term ended last June.

Unions filed a lawsuit contending the Clovis police union lacked the power to make the recommendation to the governor because it’s part of the New Mexico Fraternal Order of Police, which backed Boyd as a board member. The leader of the Clovis union chapter later retroactively withdrew its recommendation of Bartosiewicz.

The judge said it was clear the governor “solicited a (Public Employee Labor Relations Board) recommendation to her liking” but said that wasn’t improper.

The state collective bargaining law “does not prohibit local labor organizations from making recommendations and does not compel the governor to appoint the labor member recommended by the majority of organized labor representatives,” Nash said in her order.

Shane Youtz, a lawyer for unions in the case, said his clients are considering whether to appeal the judge’s decision.

“While we have great respect for Judge Nash, we believe that the record establishes Gov. Martinez’ inappropriate interference in the selection process for the state labor board,” Youtz said in a statement.

Scott Darnell, a spokesman for the governor, applauded the court decision “denying the unions’ attempt to undermine the governor’s authority to make appropriate appointments to this board.”