Unanimous Ruling: Governor Had No Authority to Fire Board Members

New Mexico RallyThe New Mexico Supreme Court has ruled that Gov. Susana Martinez overstepped her authority when she effectively dismantled the Public Employee Labor Relations Board by firing two of its three members and its executive director.

The Court’s unanimous decision last week ordered Martinez to reinstate the two members fired in March and “refrain from any further efforts” to remove them.

The ruling was vindication for CWA and other public worker unions that joined forces to focus attention on the board’s functions and its need for independence from the governor and administration.

“It’s a classic example of an anti-worker governor overreaching,” said CWA District 7 Vice President Mary Taylor. “Whether it’s Scott Walker in Wisconsin or Governor Martinez here in New Mexico, the public knows an illegal power grab when it sees one. We’re pleased that the New Mexico Supreme Court so strongly affirmed our position.”

Agreeing with arguments put forth by the New Mexico Federation of Labor, the Court said the board needs to be independent from the executive branch because it hears executive branch cases. In fact, of 43 cases pending before the board at the time of the firings, 17 directly involved the governor.

Steve Harvey, executive director of the New Mexico Coalition of Public Safety Officers-CWA, called the decision “a refreshing victory for public workers who are determined to protect the public and provide critical services in the best way possible.”

Michelle Lewis, president of New Mexico State Employee Alliance-CWA said Martinez’s action fired up her members, just as other union-busting governors have done in their states. “We’re mad about watching our rights deteriorate. And we’re fighting back,” she said.

 New Mexico CWAers and other workers rallying April 4 helped draw attention to the governor’s attempt to kill the state’s labor board, a decision the state Supreme Court overruled last week.