AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case revolves around the failure of the Director of the Labor Relations Division of the New Mexico Department of Workforce Solutions to set prevailing wage rates and prevailing fringe benefit rates for public works projects in accordance with collective bargaining agreements (CBAs), as mandated by the Public Works Minimum Wage Act. The petitioners, representing various unions, sought a writ of mandamus to compel the Director to comply with the Act by setting rates based on CBAs (para 2).

Procedural History

• June 2011: The New Mexico Supreme Court denied a previous petition for writ of mandamus to allow the Secretary of the Department of Workforce Solutions four to five months to set prevailing wage and benefit rates under the Act as amended in 2009 (para 3).

Parties' Submissions

• Petitioners: Argued that the Director has a mandatory, nondiscretionary duty under the Act to set prevailing wage and fringe benefit rates in accordance with CBAs for public works projects and sought a writ of mandanus to compel the Director to do so (para 2).
• Respondent and Real Party in Interest: Contended that the Director’s duty under the Act is discretionary, not mandatory, and that the Director must consider various data, opinions, and arguments, including non-CBA wage rate data, in making prevailing wage and benefit rate determinations (para 8).

Legal Issues

• Whether the Director of the Labor Relations Division has a mandatory, nondiscretionary duty under the Public Works Minimum Wage Act to set prevailing wage rates and prevailing fringe benefit rates for public works projects in accordance with collective bargaining agreements (para 1).

Disposition

• The Supreme Court of the State of New Mexico issued a writ of mandamus ordering the Director to comply with the Public Works Minimum Wage Act and set rates in accordance with CBAs as required under the Act within thirty days of the issuance of this opinion (para 1).

Reasons

• The Court, per Justice Maes, held that the Director has a mandatory, nondiscretionary duty to set prevailing wage and benefit rates as negotiated in applicable CBAs under the Public Works Minimum Wage Act. The Court found that the Director's failure to do so violated the Act. The decision was based on the clear mandate of the Act, which was amended in 2009 to require the setting of wage and benefit rates based on CBAs. The Court rejected the argument that the Director's duty was discretionary and emphasized the importance of complying with the legislative mandate to ensure workers on state construction projects are paid lawfully-mandated compensation. The Court's exercise of its original jurisdiction in mandamus was deemed proper due to the great public importance of the issue and the need for a speedy resolution (paras 5-21).
  Justices Concurring: Barbara J. Vigil, Chief Justice; Edward L. Chávez, Justice; Charles W. Daniels, Justice.
  Justice Recused: Richard C. Bosson, Justice.