DA's Office settles 3 union complaints, claims of retaliation against women remain

LAS CRUCES - Three complaints filed against Third Judicial District Attorney Mark D'Antonio's office by the union representing attorneys and other staff were settled on Monday. 

New Mexico Public Employees Labor Relations Board director Thomas Griego confirmed Wednesday evening that a settlement had been reached on three prohibited practices complaints filed by Communications Workers of America, but the terms of the settlement could not be disclosed until he reviewed and approved the agreement.

CWA staff representative Robin Gould also did not disclose settlement terms, but said attorneys for both parties had reached an agreement and the terms would be made public after Griego signed it.

Two other complaints await hearings, and Gould said there is "no movement towards a settlement" on those.

The settled complaints accused the DA's office of improperly altering terms and conditions of employment outside of the bargaining process, intimidating employees in the bargaining unit, and for unilaterally placing Deputy DA Daniel Sewell, a member of the bargaining unit, in a supervisory role over other employees. 

Employees of the District Attorney's office voted to unionize in February, the first District Attorney's office in New Mexico to do so.

D'Antonio had personally opposed the union, even suggesting at a Jan. 25 staff meeting the vote might be racially motivated.

Employees have alleged a pattern of retaliation since the election, mainly carried out by Chief Deputy DA Gerald Byers and targeting women attorneys in particular. 

More: Union alleges discrimination, retaliation at District Attorney Mark D'Antonio's office

The two remaining complaints allege anti-union retaliation against four former prosecutors. 

The first alleges that D'Antonio's office unlawfully terminated Davis Ruark, a former Deputy DA who was not in favor of collective bargaining but was included in the bargaining unit at the employer's insistence.

In July, Gould told the Sun-News, “We believe he was fired for not providing information the employer wanted about what was going on with unionizing or, in my opinion, for spying on what was going on."

In its most recent complaint, CWA alleges that prosecutors Cassandra Brulotte and Rebecca Duffin were fired in June after representing the bargaining unit at the negotiating table, while a third, Kelly Herson, resigned after being placed on administrative leave.

Herson's resignation letter, included as an exhibit to the union's complaint, alleges a "pattern of abusive behavior towards female attorneys" by Byers, leading to high turnover at the office and untenable caseloads on those remaining. In her own case, Herson said she was responsible for 206 felony cases at the time of her resignation and believed she had been "set up to fail." 

More: Trial attorneys fight DA Mark D'Antonio over firing of women

Disciplinary actions against the three women were ostensibly over feminist messages, including a "No Mansplaining" sign, the attorneys posted on their office doors, which the union claims did not violate any written policy the employer could identify. Instead, the union alleges the actions were taken "with the intent to discourage affiliation with the duly elected exclusive bargaining agent" and in violation of the Public Employee Bargaining Act.

The four attorneys named in the complaints have declined comment or not responded to inquiries from the Sun-News. 

A spokesman for the District Attorney's office wrote to the Sun-News, "We continue to maintain our position of not commenting on personnel matters pending litigation."

Algernon D'Ammassa can be reached at 575-541-5451, adammassa@lcsun-news.com or @AlgernonActor on Twitter.

More: In recorded staff meeting, D'Antonio argues against union