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Judge affirms labor board decision in SRMC-union spat
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ALBUQUERQUE — A judge ruled June 10 that University of New Mexico Sandoval Regional Medical Center violated law regarding union negotiations.
The ruling made in the 2nd District Court of New Mexico in Albuquerque ruled in favor of the United Health Professionals of New Mexico in an appeal case for the Public Employee Labor Relations Board’s findings that University of New Mexico Sandoval Regional Medical Center, located in Rio Rancho, violated law when it came to union negotiations.
Regina McGinnis, a registered nurse and president of the union, said the hospital’s violations are not procedural technicalities but clear and deliberate breaches of labor law.
“This ruling should shut the door on the hospital’s campaign to avoid bargaining in good faith and silence its workers. Its refusal to follow basic legal obligations under labor law is not only unethical but dangerous for workers and the patients they serve,” McGinnis said.
UHPNM currently is reviewing PELRB’s suggested remedy to determine whether the employer has complied or whether further legal action is required, according to a release from the union.
McGinnis added that serious concerns remain about SRMC’s willingness to respect the law, given past behavior.
“This is a public hospital, funded by public dollars, and there must be public accountability. Health care workers deserve more than empty apologies and legal delays. They deserve respect and a lawful seat at the table,” McGinnis said.
Now, UHPNM is calling on community members, elected officials and all health care professionals to ensure that “violations that the judge confirmed are not treated as business as usual.”
The UNMH communications team stated in an email June 11 that UNMH respects the court’s order and will continue to communicate with the union.
“Since acquiring UNM Sandoval Regional Medical Center in 2024, UNM Hospital has bargained with and entered into collective bargaining agreements with two labor organizations, including, most recently, UHPNM. UNM Hospital is committed to working with its labor partners to ensure that it fulfills its mandate to the community by providing high-quality patient care. UNM Hospital looks forward to continuing this dialogue with its labor partners,” UNMH communications stated in an email.
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According to the court’s order, the PELRB executive director first certified UHPNM on Jan. 19, 2023, as the exclusive representative of a bargaining unit of SRMC employees. The board affirmed the certificate of representation on Feb. 15, 2023.
The union then filed a prohibited practice complaint against SRMC on May 5, 2023, alleging that SRMC violated numerous sections of the Public Employee Bargaining Act in April and May 2023, the order states.
It added that those allegations focused on SRMC’s conduct surrounding a layoff/reduction in force and the assignment of additional duties to bargaining-unit employees in the Post-Anesthesia Care Unit. The union, among other allegations, contended that SRMC acted unilaterally and refused to bargain with respect to wage changes and the terms and conditions of employment, it reads.
The board’s hearing officer held a merits hearing on Oct. 30, 2023, and issued a written report and recommended decision on Dec. 5, 2023, which ruled in favor of SRMC on the hospital’s alleged failure to bargain over changes to the layoff policy. The union had not appealed.
However, according to the court order, the board hearing officer ruled in favor of the union on the remaining claims. The hearing officer concluded that SRMC breached its statutory duty to bargain in the following ways:
• Refusing to bargain with respect to the reduction in force after a demand to bargain.
• Failing to respond to requests for information regarding the reduction in force.
• Implementing unilateral changes to the duties of bargaining-unit employees.
The board adopted the hearing officer’s report and recommended decision on Feb. 8, 2024. SRMC subsequently filed for appeal.
The court found that the board’s findings were within the law and SRMC was found in violation of the bargaining act. SRMC was ordered to stop all violations and bargain in good faith with the union.
