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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.