by Mike Hall, Apr 15, 2011
A unanimous New Mexico State Supreme Court said Wednesday that tea party Republican Gov. Susana Martinez overstepped her authority when earlier this year she fired two members and the executive director of Public Employee Labor Relations Board. The New Mexico Federation of Labor (NMFL) filed suit against Martinez’s action.
The court ordered Martinez to reinstate the two fired board members.
The three-person labor board enforces the state’s public employee collective bargaining law and consists of one member chosen by state employee unions, one member chosen by state department heads and one member chosen by the other two members. Although the governor makes the official appointments, the selection process is performed by unions, management and the board itself.
The board also chooses an executive director. It’s not clear what will happen with the executive director’s position. The board could rehire the former director or choose another director.
The Santa Fe New Mexican reports:
The court agreed with arguments by Shane Youtz, who represented the New Mexico Federation of Labor AFL-CIO, that the board should maintain independence from the executive branch because by its very nature it decides cases involving the executive branch.
Youtz told the justices that of 43 cases pending before the board at the time of the firings, 17 directly involved the governor.
