Legal Opinion

City of Albuquerque v. Montoya

New Mexico Court of Appeals

Decided August 12, 2010No. 28,846; 32,570PublishedCited by 4 opinions

1Opinion of the Court

OPINION

WECHSLER, Judge.

{1} Appellants Juan B. Montoya, Director of the Public Employees Labor Relations Board (the PELRB), the PELRB, and AFSCME Council 18 and Local 624 (the real parties-in-interest) appeal the district court’s denial of their motion to dismiss and grant of a writ of prohibition and/or superintending control (the Writ) prohibiting the PELRB from exercising jurisdiction over the prohibited practices complaint (PPC) before it. Appellants argue that the grandfather clause in the Public Employee Bargaining Act (PEBA), NMSA 1978, § § 10-7E-1 to -26 (2003, as amended through…

2Cases cited2 opinions

  1. Regents of the University of New Mexico v. New Mexico Federation of TeachersNew Mexico Supreme Court · 1998
  2. City of Deming v. Deming Firefighters Local 4521New Mexico Court of Appeals · 2007

3Cited by4 opinions

  1. City of Albuquerque v. MontoyaNew Mexico Supreme Court · 2012
  2. American Federation of State v. MartinezNew Mexico Supreme Court · 2011
  3. AMERICAN FEDERATION OF STATE v. MartinezNew Mexico Supreme Court · 2011
  4. City of Albuquerque v. MontoyaNew Mexico Court of Appeals · 2010

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