N.M. Bldg. and Constr. Trades Council v. Dean

June 15, 2015 by Justia

The issue this case presented for the Supreme Court's review centered on whether the Director of the Labor Relations Division of the New Mexico Department of Workforce Solutions (DWS) was in violation of the Public Works Minimum Wage Act for failing to set prevailing wage rates and prevailing fringe benefit rates for public works projects in accordance with collective bargaining agreements (CBAs). Petitioner New Mexico Building and Construction Trades Council represented the interests of thousands of New Mexico employees working on public works projects throughout the State. Petitioners International Brotherhood of Electrical Workers Local 611 and Sheet Metal Workers Local 49 were affiliated members of the Council. The Unions sought a writ of mandamus to direct the Director to set prevailing wage and prevailing benefit rates for public works projects in accordance with rates specified in CBAs in or near a project’s locality, as required by Section 13-4-11(B) of the Act. This case was the second time the New Mexico Building and Construction Trades Council has petitioned the Supreme Court for mandamus in the matter of DWS compliance with Section 13-4-11(B): in June 2011 the Court denied a petition for writ of mandamus in order to give the Secretary “four or five months” to set prevailing wage and prevailing benefit rates under the Act as amended in 2009. In this case, the issue was again whether the Director failed to set prevailing wage rates and prevailing fringe benefit rates for public works projects in accordance with the applicable CBAs. After review, the Supreme Court held that under the Act, the Director had a mandatory, nondiscretionary duty to set the same prevailing wage and prevailing benefit rates as those negotiated in applicable CBAs and that the Director’s failure to do so violated the Act. The Court therefore issued a writ of mandamus ordering the Director to comply with the Act and set rates in accordance with CBAs as required. View "N.M. Bldg. and Constr. Trades Council v. Dean" on Justia Law