Legal Opinion

Garcia v. County of Bernalillo

New Mexico Court of Appeals

Decided August 18, 1992No. 12204PublishedCited by 3 opinions

1Opinion of the Court

OPINION

FLORES, Judge.

Claimant Richard Garcia (Garcia) appeals the district court’s judgment reversing the County of Bernalillo Personnel Board’s (personnel board) decision reinstating Garcia to his former driving position as a voting machine technician and granting Garcia back pay. On appeal, Garcia raises essentially two issues: (1) that there is a conflict between the collective bargaining agreement (CBA) and the County of Bernalillo Safety Policy (safety policy) and that the terms of the CBA govern; and (2) that the personnel board did not act arbitrarily and capriciously, or abuse its…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. United States v. Marvin Leo BeasleyCourt of Appeals for the Seventh Circuit · 1987
  2. Tallman v. ABF (Arkansas Best Freight)New Mexico Court of Appeals · 1988
  3. Wolfley v. Real Estate CommissionNew Mexico Supreme Court · 1983
  4. Swisher v. DardenNew Mexico Supreme Court · 1955
  5. Watson v. Town Council of Town of BernalilloNew Mexico Court of Appeals · 1991

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3Cited by3 opinions

  1. Montoya v. Mentor Corp.New Mexico Court of Appeals · 1996
  2. New Mexico State Board of Psychologist Examiners v. LandNew Mexico Court of Appeals · 2002
  3. Garcia v. County of BernalilloNew Mexico Court of Appeals · 1992

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