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Facts

  • City of Albuquerque Solid Waste Management Department employees filed a breach of contract claim against the City and a breach of duty of fair representation against their union, AFSCME. They argued the City violated personnel rules and the collective bargaining agreement by not placing all employees of a certain grade in the same step classification and that AFSCME refused to file a grievance on this matter. One plaintiff also claimed the City violated an agreement regarding his pay and classification upon transfer (para 1-2).

Procedural History

  • District Court of Bernalillo County, Beatrice Brickhouse, District Judge: Summary judgment granted in favor of the City and AFSCME (para 3).

Parties' Submissions

  • Plaintiffs-Appellants: Argued the City violated personnel rules and the collective bargaining agreement by not uniformly classifying employees of the same grade and step. Contended AFSCME failed to represent their interests by not filing a grievance. One plaintiff claimed his pay and step classification were improperly altered upon his transfer (para 1-2).
  • Defendant-Appellee City of Albuquerque: Maintained that all plaintiffs were classified and paid in accordance with the City's Personnel Rules and Regulations and that any changes in classification or pay were in accordance with collective bargaining agreements (para 5-6).
  • Defendant-Appellee AFSCME: Argued no breach of duty of fair representation occurred as plaintiffs failed to show they were not paid or classified according to the collective bargaining agreement and personnel rules (para 7).

Legal Issues

  • Whether the City breached an implied employment contract by not uniformly classifying employees of the same grade and step.
  • Whether the City breached an agreement regarding the pay and classification of plaintiff Samuel Beatty upon his transfer.
  • Whether AFSCME breached its duty of fair representation towards the plaintiffs (para 4-7).

Disposition

  • The Court of Appeals affirmed the district court's orders granting summary judgment in favor of the City and AFSCME (para 8).

Reasons

  • Per Michael E. Vigil, Chief Judge (Timothy L. Garcia, Judge, and Linda M. Vanzi, Judge, concurring): The court found no breach of implied employment contract as plaintiffs were classified and paid in accordance with the City's Personnel Rules and Regulations. The argument based on another employee's classification did not provide a basis for breach of contract. The court also found no breach of Beatty's transfer agreement, as his reclassification and pay adjustment were in line with subsequent collective bargaining agreements. Finally, the court found no breach of AFSCME's duty of fair representation, as plaintiffs failed to show a breach of the collective bargaining agreement by the City (para 4-7).
    Linda M. Vanzi, Judge (specially concurring): Concurred with the result but emphasized the need for a more detailed explanation for the court's affirmance (para 10).
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