Legal Opinion

American Federation of State v. Martinez

New Mexico Supreme Court

Decided May 13, 2011No. 32,905PublishedCited by 10 opinions

1Opinion of the Court

OPINION

CHÁVEZ, Justice.

{1} May the Governor use the broad removal authority under Article V, Section 5 of the New Mexico Constitution to remove members of the Public Employee Labor Relations Board (PELRB) who have the responsibility to adjudicate the merits of disputes involving the Governor? We answer this question of first impression in the negative for three reasons. First, none of the PELRB members serve at the pleasure of the Governor because the Public Employee Bargaining Act (the Act) obligates the Governor to appoint one member recommended by organized labor, one member recommended by…

2Cases cited11 opinions

  1. In Re Murchison.Supreme Court of the United States · 1955
  2. State Ex Rel. Clark v. JohnsonNew Mexico Supreme Court · 1995
  3. Flaska v. StateNew Mexico Supreme Court · 1946
  4. Reid v. New Mexico Board of Examiners in OptometryNew Mexico Supreme Court · 1979
  5. Denish v. JohnsonNew Mexico Supreme Court · 1996

6 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Pirtle v. Legis. CouncilNew Mexico Supreme Court · 2021
  2. AMERICAN FEDERATION OF STATE v. MartinezNew Mexico Supreme Court · 2011
  3. State Ex Rel. Sugg v. Toulouse OliverNew Mexico Supreme Court · 2019
  4. State Ex Rel. Riddle v. Toulouse OliverNew Mexico Supreme Court · 2021
  5. State ex rel. Stapleton v. SkanderaNew Mexico Court of Appeals · 2015

5 more not listed; retrieve them via the Exa API.

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