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AMERICAN FEDERATION OF STATE v. STATE

No. 30,770.

314 P.3d 674 (2013)

2013-NMCA-106

AMERICAN FEDERATION OF STATE, County and Municipal Employees Council 18, Afl-Cio, CLC, Plaintiff-Appellant, v. STATE of New Mexico, New Mexico State Personnel Board, and Sandra K. Perez, Director of New Mexico State Personnel Board, Defendants-Appellees.

Court of Appeals of New Mexico.

August 15, 2013.

Attorney(s) appearing for the Case

Youtz & Valdez, P.C., Shane C. Youtz , Stephen Curtice , Albuquerque, NM, for Appellant.

State Personnel Office, General Counsel, Katie Thwaits , Special Assistant Attorney General, Santa Fe, NM, for Appellees.

OPINION

KENNEDY, Chief Judge.

{1} The American Federation of State, County and Municipal Employees Council 18, AFL-CIO, CLC (the Union) appeals from the Rule 1-012(B)(6) NMRA dismissal of its action seeking declaratory and injunctive relief against the New Mexico State Personnel Board and Sandra Perez, the Board Director, (collectively, the Board). The action arises from the Board's adoption of a regulation defining the contract phrase, "shift...

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