Texas New Mexico PowerCompany, LLC and PNM Resources, Inc. Settle in NLRB Case, Will Pay Four Former Employees Nearly $170,000

Four employees of Texas New Mexico Power Company, LLC and PNM Resources, Inc., will receive a total of about $170,000 following a settlement in the case.
The NLRB’s Region 16 office in Fort Worth, Texas issued a Complaint on June 30, 2014, alleging that Texas New Mexico Power Company, LLC engaged in unlawful conduct both before and after the International Brotherhood of Electrical Workers, Local 66 (Union) successfully organized its employees. Such alleged unlawful conduct included terminating two employees because of their union activities; failing to negotiate with the Union before terminating another employee; failing to negotiate discretionary discipline with the Union before suspending employees pending investigation; selectively enforcing its rule about hard hat stickers; and threatening apprentices if the Union was elected. The Complaint also alleged that PNM Resources supervisors interrogated an employee about his union sentiments; told him that he could not engage in union or other protected concerted activities; and terminated him because he supported the Union.
In addition to the payment provisions in the settlement agreement, Texas New Mexico Power Company agreed to extend its bargaining obligation with the Union, which is currently negotiating with the power company for a first contract, until December 5, 2014, and agreed to add at least nine additional bargaining dates with the Union. Texas New Mexico Power Company also agreed to allow employees to place union stickers on their hard hats.