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International Brotherhood of Electrical Workers v. Public Service Company of New Mexico

United States District Court, D. New Mexico

May 7, 2019

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 611, Plaintiff/Cross-Defendant,
v.
PUBLIC SERVICE COMPANY OF NEW MEXICO, Defendant/Cross-Claimant.

         MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF/CROSS-DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. 21) AND DENYING DEFENDANT/CROSS CLAIMANT'S PNM'S MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM BRIEF IN SUPPORT OF PNM'S CROSS-PETITION TO SET ASIDE OR VACATE ARBITRATION AWARD AND IN OPPOSITION TO THE UNION'S PETITION TO ENFORCE ARBITRATION AWARD (DOC. 22)

          WILLIAM P. JOHNSON, CHIEF UNITED STATES DISTRICT JUDGE

         THIS MATTER comes before the Court on Plaintiff/Cross-Defendant's Motion for Summary Judgment, [Doc. 21, filed January 31, 2019], and Defendant/Cross Claimant's PNM's Motion for Summary Judgment and Memorandum Brief in Support of PNM's Cross-Petition to Set Aside or Vacate Arbitration Award and in Opposition to the Union's Petition to Enforce Arbitration Award. [Doc. 22, filed January 31, 2019]. Upon reviewing the parties' pleadings and the applicable law, the Court has decided to GRANT Plaintiff's motion and to DENY Defendant's motion.

         BACKGROUND[1]

         I. Agreement between Plaintiff and Defendant

         The following facts are undisputed. The International Brotherhood of Electrical Workers (“Plaintiff”) and the Public Service Company of New Mexico (“Defendant”) entered into a collective bargaining agreement for the period of December 5, 2015 to April 30, 2020 (“2015 Agreement”). [Doc. 21 at 3; Doc. 22 at 3]. A prior collective bargaining agreement was effective from July 7, 2012 to April 30, 2015 (“2012 Agreement”). [Doc. 22 at 2]. The 2015 Agreement applies to employees in the Company's Electric, Water, Transmission, Distribution, Production, Meter Reader, and Collector departments in divisions and jobs referenced in that agreement.

         The 2015 Agreement stated that all prior agreements not included in the collective bargaining agreement were held to be null and void except for mutual agreements listed in Article 38 and policies listed in Article 47 and Addendums to the collective bargaining agreement. [Doc. 20].

         Article 38 provides that any other prior agreements between the parties are null and void. Article 38 states:

         ARTICLE 38-MUTUAL AGREEMENTS

Mutual agreements shall be made in writing, ratified by the affected members in the appropriate unit and signed by the Business Manager of the Union or his assistant, and a Vice President of the Company.
All mutual agreements, “For the Record Statements”, memorandums of understanding, and any other agreements between the parties not contained in this collective bargaining agreement shall be considered null and void upon the effective date of this contract, with the sole specific exceptions of those listed in the Addendums to the contract and the following:
• Afton 12 hour shift schedule - GPT/MOPS, July, 2018
• SJGS Operations Restructure, January 2012
• ESBU Accretion agreement, December 1, 2007
• ESBU Use of IBEW Contractors, May 2006
• ESBU Trouble Order Dispatcher and Sr. Trouble Order Dispatcher combined overtime log, December, 2000
• ESBU - Substation Department out of town assignments, June 19, 2012
• ESBU - Southern Division Groundman Lineman wage rage adjustment, July 2012
• Southern New Mexico Line Locating, December 5, 2015 . . . .

[Doc. 20] (bold in original). Article 47 incorporated certain other documents by reference. Article 47 states:

         ARTICLE 47-INCORPORATION BY REFERENCE

         The following policies, and no others, are hereby incorporated as written, into the Agreement as of July 7, 2012:

1. HR Policy 123 (Positive Discipline).
2. HR Policy 404 (Drug & Alcohol Testing).
3. Job Descriptions/classifications.*
*The Company must have, and provide, reasonable and legitimate business justification for any jobs created, or any existing jobs permanently and substantially changed. The Company will supply this information to the Union in writing upon notification to it of the Company's proposal(s) to create or change jobs. The parties agree to honor their good-faith bargaining obligations regarding the creation or modificiation of job classifications and their attendant job descriptions. They will meet diligently and without delay to negotiate any new or changed job. The Union ...

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