NEW MEXICO BLDG. AND CONST. TRADES v. DEAN

No. 34,719.

353 P.3d 1212 (2015)

2015-NMSC-023.

NEW MEXICO BUILDING AND CONSTRUCTION TRADES COUNCIL, International Brotherhood of Electrical Workers Local 611, and Sheet Metal Workers Local 49, Petitioners, v. Jason DEAN, in his capacity as Director of the Labor Relations Division of the Department of Workforce Solutions of the State of New Mexico, Respondent, and Celina Bussey, Secretary of the Department of Workforce Solutions of the State of New Mexico, Real Party in Interest, and Associated Builders and Contractors, New Mexico Chapter, Inc., and Northern New Mexico Independent Electrical Contractors, Inc., Interveners-Real Parties in Interest.

Supreme Court of New Mexico.

June 15, 2015.


Attorney(s) appearing for the Case

Youtz & Valdez, P.C., Shane Youtz , Stephen Curtice , James A. Montalbano , Albuquerque, NM, for Petitioners.

Law Office of Jason Lewis, Jason J. Lewis , New Mexico Department of Workforce Solutions, Marshall J. Ray , Albuquerque, NM, for Respondent and Real Party in Interest.

Bingham, Hurst, Apodaca, & Wile, P.C., Wayne E. Bingham , Albuquerque, NM, for Intervener-Real Parties in Interest.

Hector H. Balderas , Attorney General, Scott Fuqua , Assistant Attorney General, Santa Fe, NM, for Amicus Curiae, New Mexico Attorney General.


{1} In this case, we determine whether the Director of the Labor Relations Division (the Director) of the New Mexico Department of Workforce Solutions (DWS) is in violation of the Public Works Minimum Wage Act (the Act), NMSA 1978, §§ 13-4-10 to -17 (1937, as amended through 2011), for failing to set prevailing...

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