The State Personnel Office (SPO) has been selected by the Governor as the union contract administrator for Collective Bargaining Agreements (CBAs) between the State of New Mexico and the American Federation of State, County and Municipal Employees (AFSCME) and the Communication Workers of America (CWA) to ensure proper guidance, training and oversight.

Effective immediately, all New Mexico state agencies employing bargaining unit employees are required to adhere to all SPO Labor Relations Division (LRD) directives regarding the handling of labor relations matters, including but not limited to grievances, prohibited practice complaints (PPCs), information requests and bargaining. This is to ensure consistency and efficiency in handling all labor relations matters.

Immediately upon receipt, please forward all grievances, PPCs, and information requests to the SPO LRD via email Labor.Relations@spo.nm.gov. Because SPO is not the Employer, Page 2 of 2 SPO Labor Relations Oversight Authority as defined by the CBAs, it is not a party to grievances, PPCs and information requests, and will not be responding on behalf of the State Agency Employer. Instead, agencies will continue to respond to grievances by following the negotiated grievance process set forth in the CBA and respond to PPC’s and information requests in consultation with agency legal counsel. However, consultation with SPO is required for all responses to ensure agencies are in compliance with the CBA and the Public Employee Bargaining Act (PEBA).

Also, effective immediately, agencies are required to complete the bi-weekly labor log issued by SPO LRD and include all supporting documents. Finally, agencies are required to email all agendas and meeting minutes for agency-union committee meetings mandated by the CBA to the SPO LRD Labor.Relations@spo.nm.gov within 5 working days following the meeting.

This memorandum provides agencies with guidance regarding entering into a Memorandum of Understanding (MOU) with the American Federation of State, County and Municipal Employees of New Mexico, Council 18 (AFSCME) or the Communications Workers of America AFL-CIO, CLC State Employee Alliance (CWA).

The New Mexico Legislature enacted the State Personnel Act to establish an effective system of state personnel administration to provide greater economy and efficiency in the management of state affairs. To carry out its intent, the Legislature designated the Director of the State Personnel Office (SPO) to supervise all administrative and technical personnel activities of the state, including, but not limited to, pay plans, hours of work, holiday, and leave.

Furthermore, the Public Employee Bargaining Act identifies the Governor, or her designee, as the representative of the State who is authorized to enter into written agreements with AFSCME and CWA regarding wages, hours and other terms and conditions of employment. On that authority, the Governor has designated SPO as the union contract administrator to ensure uniformity in guidance, training and oversight for all state agencies over Collective Bargaining Agreements. Given the Legislature's intent, and the Governor's designation of SPO as the union contract administrator, all future MOUs with AFSCME and CWA must be approved by the Director of SPO prior to final execution.

If you have any questions, please contact the Labor Relations Division at Labor.Relations@spo.nm.gov.