Understanding Your Employee Rights.

There are both federal and state laws relative to the rights of working people in New Mexico. Some apply differently, depending on whether the employee works in the public sector (government agencies, schools, public hospitals, universities, etc.) or the private sector.

The following resource links are focused on the rights and policies affecting public sector employees.

State Laws and Regulations

Here are some links to state laws, regulations and bargaining unit representational organizations.

NM OSHA Whistleblower – Discriminating Against Employees Who Exercise Their Safety and Health Rights is Illegal

“Workers have the right to complain to OSHA or their employer if they believe they are working in an unsafe environment, and can seek an OSHA inspection. Section 50-9-25 of the New Mexico Occupational Health and Safety Act authorizes OSHA to investigate employee complaints of employer discrimination against those who are involved in safety and health activities.”

Article 16C – Whistleblower Protection
Section 10-16C-3 – Public employer retaliatory action prohibited.

A public employer shall not take any retaliatory action against a public employee because the public employee: A. communicates to the public employer or a third party information about an action or a failure to act that the public employee believes in good faith constitutes an unlawful or improper act; B. provides information to, or testifies before, a public body as part of an investigation, hearing or inquiry into an unlawful or improper act; or C. objects to or refuses to participate in an activity, policy or practice that constitutes an unlawful or improper act.

PEBA – Public Employee Bargaining Act

The New Mexico Public Employee Bargaining Act (PEBA) creates the Public Employee Labor Relations Board (PELRB). The Act provides for collective bargaining for public employees. This Board has authority over all general collective bargaining matters between employee organizations or individual public employees and either state agencies or units of local government that that have not established a local labor board.

New Mexico Statutes

NMOnesource.com 2.0 is the official New Mexico legal research tool of the state courts and legislature powered by Decisia and Qweri as developed by Lexum. It is provided free for all who need to locate a session law, statute, appellate court opinion or court rule, or perform in-depth legal research of New Mexico law.

Employee Unions

Communication Workers of America – Local 7076 New Mexico Representing Bargaining Unit Employees in the Following Agencies

Commission for the Blind · Department of Cultural Affairs · Department of Health · Department of Information Technology · Early Childhood Education · Environment Department · General Services Department · Miners’ Colfax Medical Center · New Mexico Office of African American Affairs · State Treasurer’s Office · Public Education Department · Timberon Water & Sanitation District · University of New Mexico · University of New Mexico Hospital · Workers’ Compensation Administration · Central New Mexico Community College

AFSCME Represents Public Employees Throughout New Mexico, Including Thousands of State Bargaining Unit Employees.

AFSCME Council 18 is the umbrella organization that houses the various city, county, and state locals affiliated with the American Federation of State County & Municipal Employees (AFSCME) in New Mexico.