County to hold public hearing on right-to-work ordinance

ALAMOGORDO – County Commissioners agreed to schedule a public hearing to hear comments relating to a right-to-work ordinance in Otero County at their regular meeting last Thursday.

According to the National Right-to-Work Legal Defense Foundation’s website, right-to-work affirms the right of every American to work for a living without being compelled to belong to a union.

A right-to-work law guarantees that no person can be compelled, as a condition of employment, to join or not to join, nor to pay dues to a labor union according to Section 14(b) of the Taft-Hartley Act, and affirms the right of states to enact right-to-work laws.

There are 28 states that have passed right-to-work laws, New Mexico is not one of them. However, Sandoval County is the only county in New Mexico to have passed a right-to-work ordinance. Sandoval County adopted the ordinance earlier last month despite a threat of a lawsuit from an opponent and an opinion from the state’s attorney general that the measure is illegal, according to a report from the Albuquerque Journal.

Otero County Attorney Michael Eshleman said he is not sure if local government has the authority to pass such a law, but the state does and advised commissioners to think carefully before considering a right-to-work ordinance to prevent future lawsuits.

“Clovis passed one in 1990 but the federal court enjoined it, saying they didn’t have authority to do so,” Eshleman said.

In a letter to state Sen. Benny Shendo Jr., D-Sandoval, from New Mexico Attorney General Hector Balderas, Balderas stated the measure exceeded the authority of the county and was illegal under the National Labor Relations Act and would more than likely be overturned if challenged in court.

Supporters of right-to-work at the county commission meeting said right-to-work legislation promotes economic development and argued that New Mexico has not been successful in keeping jobs in the state.

According to the Rio Grande Foundation, a research institute dedicated to increasing prosperity for all of New Mexico citizens, right-to-work states see faster growth than non-right-to-work states.

The foundation argues that the statistics are important for Otero County where, according to data from the federal Bureau of Labor Statistics, Otero County has 11 percent fewer jobs today than it did just a few years ago. More than a decade ago New Mexico has 26,480 jobs and today only has 23,565.

The foundation also stated that right-to-work is not anti-union, it stated that right-to-work states help generate new jobs, including union jobs. Between 2005 and 2015, union membership grew in right-to-work states by about 1.3 percent, but fell around nine percent in non-right-to-work states.

The public hearing to hear the public's comments on a right-to-work ordinance will be held Feb. 28 at 6 p.m. at the Flickinger Center for Performing Arts, 1110 N. New York Ave.