LAS CRUCES, N. M. -- It’s actually been an ongoing battle for a couple of years now and the dispute is between Dona Ana County Sheriff Todd Garrison and his sergeants. Allegedly Garrison doesn't want about 15 of his sergeants to be on the near 100 man union comprised of officers, detectives and deputies. While Garrison feels sergeants should be considered supervisors and by being on the union it could be a conflict of interest, the union disagrees.

“Sergeants generally are not supervisors as that term is defined in labor law,” said Thomas Griego who is the attorney representing the Dona Ana County Sheriff’s Department Association union.

And it's important to note the sergeants have already been on the union for quite some time now and they feel it's never been a problem or a conflict of interest in the past, and that's why they want the sheriff to do one thing.

“Lay off these guys, they have been in collective bargaining all this time,” said Griego. Within the sheriff's department ultimately the biggest loss is going to come from morale.

“It affects us all morale wise,” said Detective Carlos Montoya who’s not a sergeant. “Even if we do win, it just doesn't look or appear good.”

Garrison didn't want to talk to KFOX Thursday only because he said he was saving it all for the hearing scheduled that day. By the end of the hearing, nothing was decided and both parties will submit briefs to the board by Nov. 19, and from that point the board will have about two weeks to make a decision.