After New Mexico Governor Susana Martinez fired the executive director of the Public Employee Relations Board in February and all three members of the board on March 1, New Mexico unions are asking the state Supreme Court to rule on her power over the board. The unions contend that since the board is tasked with enforcing the labor rights of public employees in New Mexico, the Governor, as a public employer, should not have the power to remove board members. The unions say that the firings seem like an attempt to circumvent the labor laws. Of the three PERB board members, one is recommended by labor, one by public employers and the last is chosen by the other two.
See "Unions protest NM governor's firing of labor board", Business Week, March 16, 2011