Collective Bargaining

The Law

Meetings for the discussion of bargaining strategy preliminary to collective bargaining negotiations between the policymaking body and a bargaining unit representing the employees of that policymaking body and collective bargaining sessions at which the policymaking body and the representatives of the collective bargaining unit are present.

Commentary
This exception allows a public body that is involved, or is considering becoming involved, in collective bargaining to discuss its preliminary strategy in closed session and to conduct negotiations with representatives of a collective bargaining unit in closed session. A “bargaining unit” for purposes of the exception is a group of employees with certain occupational characteristics (e.g., blue collar, secretarial, clerical, etc.) that has been confirmed or designated as appropriate for collective bargaining purposes. The “representative of a collective bargaining unit” is generally a labor organization or union that represents employees regarding the terms and conditions of employment.

Example 50:
An ad hoc group of employees of a municipality has formed to petition the governing body for increased salaries. Neither the governing body’s preliminary discussion of the request nor the negotiations between representatives of the employees’ group and the governing body may be conducted in closed session because the group of employees is not a “bargaining unit” or “representatives of the collective bargaining unit.”

Example 51:
The governing board of a local school district receives a request from a local chapter of the state’s leading teacher’s organization to collectively bargain on behalf of teachers in the district. The organization has been certified by the local labor relations board as the teacher’s exclusive representative. Discussion of the bargaining request may be conducted in closed session.

Commentary
Before the exception will apply, there must be a labor organization and bargaining unit of the public body’s employees in existence. In other words, the exception does not cover discussions of general collective bargaining policy by the public body in anticipation of potential negotiations in the future.

Example 52
A school board is debating whether to establish a local labor relations board and has before it a draft labor/management relations resolution that would create, and establish procedures for, the local board. At this time, no bargaining unit or representative has proposed negotiations, and the board would be discussing only general collective bargaining policy to be applied in the event such bargaining occurs. Therefore, under the collective bargaining exception to the Act, the discussion must occur in an open meeting and the school board may not go into executive session to discuss the resolution.

Commentary
Collective bargaining by public employees generally is governed by the Public Employees Bargaining Act, NMSA 1978, ch. 10, art. 7E. Section 10-7E-17(G) of that Act contains a provision allowing closed meetings in circumstances similar to those set forth in the Open Meetings Act. It provides for closure of the following meetings:

1. meetings for the discussion of bargaining strategy preliminary to collective bargaining negotiations between a public employer and the exclusive representative of the public employees of the public employer;
2. collective bargaining sessions; and consultations and impasse resolution procedures at which the public employer and the exclusive representative of the appropriate bargaining unit are present.

3. consultations and impasse resolution procedures at which the public employer and the exclusive representative of the appropriate bargaining unit are present.

While the first two paragraphs are coextensive with the collective bargaining exception of the Open Meetings Act, the third paragraph describes an additional situation where closure is justified.