AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case arose from failed negotiations between the American Federation of State, County and Municipal Employees (AFSCME) Council 18 and its local unions, and the City of Albuquerque regarding the renewal of collective bargaining agreements that were set to expire. The unions filed suit against the city, challenging the city's Labor Management Relations Ordinance (LMRO) for not containing impasse arbitration and evergreen provisions required by the Public Employee Bargaining Act (PEBA) (para 2).

Procedural History

• District Court of Bernalillo County, Valerie A. Huling, District Judge: Granted partial injunctive relief, continuing the agreements with certain exceptions until a full evidentiary hearing (para 3).
• District Court: Denied the Unions’ motion for summary judgment and granted summary judgment in favor of the City, concluding that the LMRO has grandfather status under the PEBA (para 4).

Parties' Submissions

• Plaintiffs (Unions): Argued that the LMRO violates the PEBA because it lacks impasse arbitration and evergreen provisions, which are necessary for effective collective bargaining (paras 2, 12-13).
• Defendant (City of Albuquerque): Contended that the LMRO is entitled to grandfather status under the PEBA, exempting it from the requirement to include impasse arbitration and evergreen provisions (para 5).

Legal Issues

• Whether the LMRO's lack of binding impasse arbitration precludes it from grandfather status under the PEBA (para 5).
• Whether the LMRO's absence of an evergreen clause violates the PEBA (para 20).

Disposition

• The Court of Appeals affirmed the district court's decision, holding that the LMRO's lack of binding impasse arbitration does not preclude it from grandfather status under the PEBA and that the complaint was moot with respect to unions that had reached collective bargaining agreements with the City (paras 28-29).

Reasons

• JAMES J. WECHSLER, Judge: Concluded that the LMRO, adopted before the PEBA's effective date, is entitled to grandfather status despite lacking binding arbitration and evergreen provisions. The court reasoned that the PEBA does not require ordinances adopted before October 1, 1991, to include such provisions for grandfather status. The court also found the unions' complaint moot for those that had reached new agreements with the City (paras 1-29).
  TIMOTHY L. GARCIA, Judge (specially concurring): Agreed with the majority but expressed concern that the broad interpretation of the grandfather clause in City of Deming might extend to situations where impasse resolution is not required, suggesting a need for reevaluation of this precedent in light of the current PEBA requirements (paras 30-32).