On August 28, the Tenth Circuit Court of Appeals upheld a decision of the National Labor Relations Board (NLRB), which found that an employer committed an unfair labor practice by failing to provide supervisory discipline records in response to the union’s records request in a grievance proceeding. Public Service Co. of New Mexico v. NLRB (10th Cir. 2012).
The union brought the grievance on behalf of former bill collector, Robert Madrid, after he was terminated under PNM’s ethics policy for disconnecting a customer’s service. The union alleged that PNM treated Madrid differently from other employees, including supervisors, who had committed similar violations. The union requested that PNM provide all records of other disciplinary actions based on the ethics policy. PNM provided the disciplinary records of other union employees, but refused to provide disciplinary records of supervisors. PNM said that these records were not relevant because supervisors, not being part of the union, were not “similarly situated” to Madrid. The union filed an unfair labor practice charge based on PNM’s failure to provide the records.