New Mexico Supreme Court

American Federation of State, County & Municipal Employees, Council 18, Afl-Cio, Locals 1461, 2260 and 2499…

May 23, 20169 N.M. 751

Summary

The New Mexico Supreme Court held that AFSCME failed to meet the statutory jurisdictional prerequisites of the Declaratory Judgment Act because its claims were not ripe and it lacked an injury‑in‑fact, so the district court lacked jurisdiction and the Court of Appeals decision was vacated and the case remanded for dismissal. Justice Chávez concurred in part and dissented in part, arguing that an actual controversy exists once the County Labor Board finds a prohibited‑practice violation.