[HISTORY: Adopted by the Board of County Commissioners of Otero County 4-12-2018 by Ord. No. 18-01. Amendments noted where applicable.]
Labor management relations — See Ch. 45.
This chapter is enacted pursuant to the authority granted to this body by the New Mexico Constitution, as a political subdivision of the state, in accordance with the laws set forth in the New Mexico Statutes Annotated and the laws of the United States of America. The intent of this chapter is to be applied throughout the County of Otero County, and all governmental entities subsumed thereunder, included.
It is hereby declared to be the public policy of Otero County in order to ensure individual freedom of choice in the pursuit of employment, for the protection and convenience of its citizens who desire the broadest choice of employment opportunities, to permit its citizens to choose to increase their real take-home pay by decreasing mandatory payroll deductions in order to stimulate savings and economic growth, and to encourage an employment climate conducive to the promotion of the County to locate, expand or maintain large and small businesses for the economic development, growth and preservation of the community, including recruiting new businesses to the community, that the right to work shall not be subject to undue restraint or coercion. The right to work shall not be infringed or restricted in any way based on membership in, affiliation with, or financial support of, a labor organization.
The terms "employee," "employer," "labor organization," and "person" as used in this chapter shall have the same meanings as defined by the National Labor Relations Act, 29 U.S.C. § 152.
No person covered by the National Labor Relations Act shall be required as a condition of employment or continuation of employment to:
Resign or refrain from voluntary membership in, voluntary affiliation with, or voluntary financial support of, a labor organization;
Become or remain a member of a labor organization;
Pay any dues, fees, assessments, or other charges of any kind or amount to a labor organization; or
Pay to any charity or other third party, in lieu of such payments, any amount equivalent to or a pro-rata portion of dues, fees, assessments, or other charges regularly required of members of a labor organization.
It shall be unlawful to deduct from the wages, earnings, or compensation of an employee any union dues, fees, assessments, or other charges to be held for, transferred to, or paid over to, a labor organization, unless the employee has first presented, and the employer has received, a signed written authorization of such deductions, which authorization may be revoked by the employee at any time by giving written notice of such revocation to the employer, unless the employee has expressly waived such right of revocation in the express terms of an otherwise lawful "dues check-off" card. In the event of ambiguity in the meaning of the dues check-off language, the burden of proving notice and assent shall be on the party seeking enforcement of the dues check-off agreement.
Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and employer that violates the rights of employees as guaranteed by provisions of this chapter is hereby declared to be unlawful, null and void, and of no legal effect.
It shall be unlawful for any person, labor organization, or officer, agent or member thereof, or employer, or officer thereof, by any threatened or actual intimidation of an employee or prospective employee, or an employee's or prospective employee's parents, spouse, children, grandchildren, or any other persons residing in the employee's or prospective employee's home or by any damage or threatened damage to an employee's or prospective employee's property to compel or attempt to compel such employee to join, affiliate with, or financially support a labor organization or to refrain from doing so, or otherwise forfeit any rights as guaranteed by provisions of this chapter. It shall also be unlawful to cause or attempt to cause an employee to be denied employment or discharged from employment because of support or nonsupport of a labor organization by inducing or attempting to induce any other person to refuse to work with such employees.
Any person who violates § 25-7 of this chapter shall be guilty of a petty misdemeanor. A violation of any other section of this chapter shall be classified as petty misdemeanor.
Any individual harmed as a result of any violation or threatened violation of the provisions of this chapter shall have a civil cause of action in the appropriate court of competent jurisdiction to enjoin further violations, and to recover the actual damages sustained, together with the cost of the lawsuit, including a reasonable attorney's fee. Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this chapter.
It shall be the duty of the Sheriff of Otero County to investigate complaints of violation or threatened violations of this chapter and to take all means at the Sheriff's command to ensure the effective enforcement of this chapter.
The provisions of this chapter shall apply to all contracts entered into after the effective date of this chapter by employers and labor organizations for application to employees within our jurisdiction, and shall apply to any renewal or extension of any existing contract.
If any provision of this chapter, or the application thereof to any person, entity or circumstances, shall be invalid or unenforceable to any extent, the remainder of this chapter, and the application of such provision to other person, entities or circumstances, shall not be affected thereby and shall be enforced to the greatest extent permitted by law.