Bill > SB92

This bill, titled the "Employee Preference Act," establishes the public policy of New Mexico that employees have the right to join or not join labor organizations without fear of reprisal, defining an "employee" as someone performing a service for an "employer" (a person who pays wages and has control over employment, excluding state entities and certain municipalities), and a "labor organization" as a group dealing with employers on employment terms. Crucially, the bill prohibits employers from requiring employees to join or pay fees to a labor organization as a condition of employment, nor can employers require approval from a labor organization for hiring or promotion. Any agreements between employers and labor organizations that violate these provisions are declared unlawful. The bill also specifies that employers cannot deduct union dues from an employee's wages without written authorization, which can be revoked at any time. The Attorney General and district attorneys are tasked with investigating and prosecuting violations, with the possibility of seeking court injunctions. Violators face penalties of up to a $1,000 fine or 90 days in jail. The act will apply to new or renewed contracts after July 1, 2015, but not to existing contracts in force on that date.