CITY OF ALBUQUERQUE v. MONTOYA

No. 32,570.

274 P.3d 108 (2012)

2012-NMSC-007

CITY OF ALBUQUERQUE, Petitioner-Petitioner, v. Juan B. MONTOYA, Director of the Public Employee Labor Relations Board and the Public Employee Labor Relations Board, Respondents-Respondents, and AFSCME Council 18, Local 624, Real Party in Interest.

Supreme Court of New Mexico.

March 6, 2012.


Attorney(s) appearing for the Case

Robert D. Kidd, Jr. , Interim City Attorney, Shelley B. Mund , Assistant City Attorney, Rebecca E. Wardlaw , Assistant City Attorney, Albuquerque, NM, Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward Ricco , Thomas L. Stahl , Jocelyn C. Drennan , Albuquerque, NM, for Petitioner.

Gary K. King , Attorney General, Andrea R. Buzzard , Assistant Attorney General, Santa Fe, NM, for Respondents.

Youtz & Valdez, P.C., Shane C. Youtz , Marianne Lee Bowers , Albuquerque, NM, for Real Party in Interest.


OPINION

MAES, Justice.

{1} The issue presented in this appeal is whether NMSA 1978, Section 10-7E-26(A) (2003), the grandfather clause of the Public Employee Bargaining Act (the Act), applies to the City of Albuquerque Labor-Management Relations Ordinance (the City Ordinance), as it pertains to the process for the appointment of interim members to the Labor-Management Relations Board of the City of Albuquerque (the Local Board). When the Local...

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