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CALLAHAN V. NM FEDERATION OF TEACHERS-TVI, 2005-NMCA-011, 136 N.M. 731, 104 P.3d 1122
CONNIE CALLAHAN, SALLY FISH,
and ANNE WATERS,
Plaintiffs-Appellants,
v.
NEW MEXICO FEDERATION OF
TEACHERS-TVI, ALBUQUERQUE
TVI FACULTY FEDERATION LOCAL
NO. 4974 AFT, NMFT, and AMERICAN
FEDERATION OF TEACHERS,
Defendants-Appellees.

Docket No. 23,645
COURT OF APPEALS OF NEW MEXICO
2005-NMCA-011, 136 N.M. 731, 104 P.3d 1122
January 6, 2005, Filed

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, Susan Conway, District Judge
Certiorari Granted, No. 28,983, January 10, 2005
COUNSEL
Steven K. Sanders, Steven K. Sanders & Associates, L.L.C., Albuquerque, NM, for Appellants
K. Lee Peifer, Justin Lesky, The Law Offices of K. Lee Peifer, Albuquerque, NM, for Appellees

JUDGES
RODERICK T. KENNEDY, Judge. WE CONCUR: A. JOSEPH ALARID, Judge, IRA ROBINSON,
Judge AUTHOR: RODERICK T. KENNEDY

OPINION
{1} The formal opinion filed on November 19, 2004, is withdrawn.  This opinion is filed in its stead.
{2} Plaintiffs appeal from a district court order dismissing their claims against Defendants New Mexico Federation of Teachers-TVI, Albuquerque TVI Faculty Federation Local No. 4974 AFT, NMFT (Local), and American Federation of Teachers-TVI (AFT) with prejudice pursuant to Rule 1-012(B)(6) NMRA.  Plaintiffs' former employer was not named in the complaint, so that all causes of action were brought against the unions only.  Plaintiffs argue that the district court erred in granting Defendants' motion to dismiss their action for:  (1) breach of a collective bargaining agreement by third-party beneficiaries; (2) breach of duty of fair representation; (3) third-party beneficiary breach of contract; (4) breach of implied covenant of good faith and fair dealing; (5) breach of fiduciary duty; (6) negligence and gross negligence claims; and (7) holding that union members are required to exhaust administrative remedies under the New
Mexico Public Employee Bargaining Act, NMSA 1978,  

Download 2005-NMCA-011.pdf

New Mexico Law