ALBUQUERQUE, N.M. — Three city unions representing thousands of workers won a round in court this week as they fight Mayor Richard Berry after years of failed contract negotiations.
A federal judge sanctioned the city and ordered it to pay attorney fees for the union groups – perhaps $5,000 or so.
In an opinion issued Wednesday, U.S. District Judge Martha Vázquez used words like “unreasonable,” “ignorance” and “suspicious” to describe some of the city’s legal arguments.
The dustup began when the city administration last month imposed new contracts on employees represented by several AFSCME unions.
The unions filed suit in state court, seeking a temporary restraining order to block the new contracts, which abolish taxpayer-funded “union time,” among other changes. The contracts also include pay raises, though union groups want to leave those in place.
City attorneys responded to the lawsuit by moving it to federal court.
That’s how the case ended up before Vázquez this week, and she made it clear she wasn’t happy about it.
Vázquez ordered the case back to state court. Furthermore, the city’s decision to take the case to federal court, she said, “was objectively unreasonable” because the unions’ complaint centers on state law and city ordinance.
The city’s argument “utterly ignores the entire body of New Mexico law … that allows (the unions) to take the legal approach they have espoused,” Vazquez said.
“This ignorance is particularly suspicious in light of the litigious history between these two parties and the timing of the removal notice in relation to the stage of the state court litigation of (the unions’) request for a temporary restraining order.”
City Attorney David Tourek said the city’s intention wasn’t to delay consideration of a temporary restraining order. The city genuinely believes federal jurisdiction is appropriate because some of the unions’ arguments touch on federal laws, he said.
These include the National Labor Relations Act and the “federal doctrine” of status quo, in which contractual provisions remain in place even if an agreement expires, unless a new contract is negotiated.
“We respect the court,” Tourek said of Vázquez’s opinion. “We obviously disagree with the court.”
As for the merits of the case, he said, the city is “confident that we’ll prevail because this is already-plowed ground.” Earlier state court decisions, Tourek contends, have made it clear that the old union contracts are no longer in effect and that the city can impose its last, best offer.
The unions and Berry have been at odds for years. Contracts covering about 2,000 blue-collar, clerical and other employees expired between 2010 and 2013.
The two sides were unable to reach agreement on new contracts.
The Berry administration broke the impasse last month by announcing it was imposing its last offer – which included 3 percent raises for employees and a halt to “union time,” a practice that allows union leaders to draw their regular city pay while handling union work.
Now union leaders have to tap into a pool of leave time surrendered by union members.
Labor leaders argue that “union time” is useful for both the city and employees because it allows union representatives to solve disputes before they end up in costly, time-consuming litigation.
Now that the unions’ suit is back in state court, a hearing on their request for a temporary restraining order is expected as soon as an available judge can schedule one.
http://www.abqjournal.com/473265/news/judge-orders-city-to-pay-union-groups-attorney-fees.html