ABQ Times

A New Mexico District Court judge has determined that PRN (pro re nata) employees, often considered freelance or temporary workers, do not qualify as "regular employees" under the Public Employee Bargaining Act (PEBA). This decision clarifies that PRN employees are not classified as "public employees" and therefore cannot be part of a bargaining unit represented by a public employees' union.

The issue arose when the United Health Professionals NM division of the American Federation of Teachers (AFT) sought to represent certain clinical staff, including PRN employees at UNM Sandoval Regional Medical Center – A Campus of UNM Hospital (SRMC). The University of New Mexico Hospital maintained that state law defines "public employees" as regular non-probationary workers, excluding PRNs from forming or joining public employee unions. AFT opposed this view and aimed to include PRNs in the proposed union, leading to a dispute filed with the 2nd Judicial District Court.

In September, UNM Hospital and AFT conditionally agreed to negotiate, including PRNs in the bargaining agreement while awaiting a court ruling on their eligibility. The tentative agreement included a 3% pay increase for both regular and PRN employees effective October 13, 2024.

On November 1, 2024, Judge Nancy Franchini ruled that "a PRN employee is not 'regular' and is thus not a 'public employee.'" Consequently, PRNs should not be part of a public employee bargaining unit according to the law.

Following this decision, UNM Hospital seeks guidance from the New Mexico Public Employee Labor Relations Board (PELRB) on how to proceed with AFT since PRN employees are included in the recent collective bargaining agreement.

Kate Becker, CEO of UNM Hospital stated: "Ultimately, we want to do what’s best for our employees and what’s best for the hospital. This ruling gives all of us the much-needed guidance to ensure we are setting up our employees and hospital operations for success."

Jamie Silva-Steele, President of SRMC added: "Regardless of any decision made regarding PRN employees, the wage increases will remain untouched. The new salaries for each employee in the group are in effect and will remain that way moving forward."

UNM Hospital will continue updating staff and the public as more details emerge.

UNM Sandoval Regional Medical Center was initially a nonprofit within the UNM Health System but was acquired by UNM Hospital effective January 1, 2024. It now operates as “UNM Sandoval Regional Medical Center - A Campus of UNM Hospital.”