Thursday, 28 March 2019 21:47

Union dues, allowable as a condition of employment, signed into law in NM

Governor Lujan Grisham has signed HB 85 Union Security Agreements, which eliminates Right to Work employee free-choice ordinances in 10 counties and the Village of Ruidoso.  This makes mandatory union dues as a condition of employment allowable in New Mexico.

NMBC's position remains that this new law appears to violate the New Mexico state Constitution in three ways:

1) Dealing with the retroactive portion of the bill to take away the Counties’ decision on Right to Work: Article 2, Section 19, “No ex post facto law, bill of attainder nor law impairing the obligation of contracts shall be enacted by the legislature.”

2) Dealing with the selective preemption against Right to Work and not any other employment issue: Article 4, Section 24, “the legislature shall not pass local or special laws in any of the following cases: regulating county, precinct or district affairs[.]”; and

3) Dealing with the fact that there was ongoing litigation over this matter in Sandoval County when HB 85 was passed: Article 4, Section 34, “no act of the legislature shall affect the right or remedy of either party, or change the rules of evidence or procedure, in any pending case.”

This new law and many others will be discussed at the Post-Legislative BASH (Business and Social Hour) on April 4th.  Get tickets HERE.