November 10, 2005

MEMO

To: President Martin

From; Tim Nesbitt-Chair ACAP

Subject: Recommendation Regarding Unionization Vote

At our regular Advisory Council on Administrative Policy (ACAP) meeting today we discussed at length the issue of how an election regarding unionization and representation should be handled. Attached please find the discussion document I used at our meeting.

ACAP unanimously voted to recommend to you that any election held regarding unionization and representation be administered in a manner that allows all employees who are eligible for membership to cast a vote.

Please let me know if you have any questions regarding the recommendation.

ACAP has been a part of the process of determining how NMSU employees can best express their preferences with respect to unionization and representation by AFSCME. In a meeting led by Bishop Ramirez recently, this issue was discussed at length. The discussion included issue related to social justice. Bishop Ramirez and other participants included as part of the definition of social justice a declaration that social justice involves the fundamental respect for individuals.

During the course of the meeting with the Bishop, AFSCME officials, local legislators, and university administrators, Juan Montoya, Executive Director NM Public Employees Labor Relations Board defined three choices related to determining individuals choice related to unionization and representation:

1. NMSU can simply conclude that the majority of the employees prefer a union and recognize AFSCME as their bargaining agent.

2. Organizers can gather cards from employees, and if we agree that signed cards are effectively a vote for unionization, we can recognize the union if we agree that more than half of the affected employees have signed cards.

3. If the organizers submit verified cards from thirty percent of the proposed bargaining unit employees, we can hold an election that will include all affected employees.

President Martin notified the group that he would seek direction from the Board of Regents regarding the matter of the choices regarding individual choice.

On August 11, 2005 I shared with ACAP several emails from staff regarding the issue of how the election should be conducted. The theme of those emails clearly was that employees want to vote on the issue.

In light of the communications from staff calling for an opportunity for all employees to vote, I would like to discuss what ACAP’s recommendation is related to the matter.

Tim Nesbitt

November 10, 2005