reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 10 - DEFINITIONS, SERVICE, CONSTRUCTION › Subchapter 3 - CONSTRUCTION OF RULES › Section 19:10-3.1 - Rules to be liberally construed

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				  stated in (c) below, whenever the commission or a designated officer finds that
				  unusual circumstances or good cause exists and that strict compliance with the
				  terms of these rules will work an injustice or unfairness, the commission or
				  such officer shall construe these rules liberally to prevent injustices and to
				  effectuate the purposes of the act (34:13A-1 et seq.).
(b) When an act is required or allowed to be
				  done at or within a specified time, the commission may at any time, in its
				  discretion, order the period altered where it shall be manifest that strict
				  adherence will work surprise or injustice or interfere with the proper
				  effectuation of the act (34:13A-1 et seq.).
(c) In accordance with
				  1:1-1.3, the burden of proof shall
				  not be relaxed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 10 - DEFINITIONS, SERVICE, CONSTRUCTION › Subchapter 3 - CONSTRUCTION OF RULES › Section 19:10-3.2 - Application of rules

Current through Register Vol. 56, No. 14, July 15, 2024
Any valid action by parties prior to the effective date of
					 the rules will not be held invalid because of a failure to comply with the
					 procedural requirements set forth herein.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 10 - DEFINITIONS, SERVICE, CONSTRUCTION › Subchapter 4 - DELEGATION OF AUTHORITY › Section 19:10-4.1 - Delegation of authority

Current through Register Vol. 56, No. 14, July 15, 2024
When in these rules an act is required or allowed to be
					 done by a specific officer of the commission, it shall be understood that the
					 specified officer acts as the designated officer of the commission and has all
					 the powers necessary to permit the discharge of the duty or duties delegated.
					 However, the commission at all times retains the authority to designate itself
					 or some other officer of the commission to perform that function in a
					 particular case or as circumstances may require.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 10 - DEFINITIONS, SERVICE, CONSTRUCTION › Subchapter 6 - RULEMAKING: PERIOD FOR PUBLIC COMMENT; NOTICE TO PUBLIC; HEARINGS; RULEMAKING PETITIONS › Section 19:10-6.1 - Rulemaking in general

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission shall pre-propose, propose, adopt, readopt,
					 and amend rules and shall accept, process and act upon petitions filed by any
					 interested person seeking the adoption, amendment or repeal of rules, in
					 accordance with the Administrative Procedure Act and in conformance with the
					 procedures adopted by the Office of Administrative Law to implement that act as
					 set forth in N.J.A.C. 1:30.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 10 - DEFINITIONS, SERVICE, CONSTRUCTION › Subchapter 6 - RULEMAKING: PERIOD FOR PUBLIC COMMENT; NOTICE TO PUBLIC; HEARINGS; RULEMAKING PETITIONS › Section 19:10-6.2 - Comments to be in writing; extension of period for public comment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons or
				  entities seeking to submit comments on rule proposals shall make their
				  submissions in writing to the Commission or to the individual designated to
				  receive comments in the notice of rule proposal.
(b) The public comment period for any rule
				  proposed by the Commission shall be extended for a period of 30 additional days
				  when a written request for such extension is filed with the Commission within
				  30 days of publication of the proposal and when sufficient public interest
				  exists. Such interest shall be demonstrated by the filing of requests for an
				  extension by:
1. Ten or more interested
				  persons;
2. Any organization
				  representing the interests of three or more public employers; or
3. An employee organization, or its state or
				  national affiliate, which is:
i. The
				  recognized or certified representative of more than 100 New Jersey public
				  employees; or
ii. The recognized or
				  certified representative of three or more negotiations units of public
				  employees.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 10 - DEFINITIONS, SERVICE, CONSTRUCTION › Subchapter 6 - RULEMAKING: PERIOD FOR PUBLIC COMMENT; NOTICE TO PUBLIC; HEARINGS; RULEMAKING PETITIONS › Section 19:10-6.3 - Additional notice of rulemaking activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Commission shall provide at least 30 days notice of all proposed rulemaking.
				  Notice shall be provided in the following manner:
1. Publication in the New Jersey
				  Register;
2. Distribution of a
				  notice or statement of the substance of the proposed rulemaking activity to the
				  news media maintaining a press office in the New Jersey State House
				  Complex;
3. Posting a copy of the
				  proposal on the Commission's website at
www.perc.state.nj.us
;
4. Posting a copy of the proposal in the
				  lobby of the Commission's office at 495 West State Street, Trenton, New Jersey;
				  and
5. Mailing a "Notice to
				  Interested Persons" describing the rule proposal to a distribution list of
				  persons and organizations who regularly use the Commission's services and are
				  likely to have an interest in any rulemaking activity undertaken by the
				  Commission and advising that a copy of the proposal may be viewed on the
				  Commission's website or may be obtained from the Commission by written
				  request.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 10 - DEFINITIONS, SERVICE, CONSTRUCTION › Subchapter 6 - RULEMAKING: PERIOD FOR PUBLIC COMMENT; NOTICE TO PUBLIC; HEARINGS; RULEMAKING PETITIONS › Section 19:10-6.4 - Public hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On receipt
				  of a written request within 30 days following publication of the proposed rule
				  in the New Jersey Register, the Commission shall conduct a public hearing on a
				  proposed rule if:
1. A public hearing is
				  requested by a committee of the Legislature;
2. A public hearing is requested by a
				  governmental agency or subdivision; or
3. Sufficient public interest in a hearing
				  exists. Such interest shall be demonstrated by the filing of requests for a
				  hearing by:
i. Ten or more interested
				  persons;
ii. Any organization
				  representing the interests of three or more public employers; or
iii. An employee organization, or its state
				  or national affiliate, which is:
(1) The
				  recognized or certified representative of more than 100 New Jersey public
				  employees; or
(2) The recognized or
				  certified representative of three or more negotiations units of public
				  employees.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 10 - DEFINITIONS, SERVICE, CONSTRUCTION › Subchapter 6 - RULEMAKING: PERIOD FOR PUBLIC COMMENT; NOTICE TO PUBLIC; HEARINGS; RULEMAKING PETITIONS › Section 19:10-6.5 - Rulemaking petition procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any interested
				  person may petition the Commission to make, amend or repeal any rule. The
				  petition must be written and signed by the petitioner.
(b) The petitioner shall state the following
				  information clearly and concisely:
1. The
				  name of the person making the request;
2. That person's interest in the request,
				  including any relevant organizational affiliation;
3. The substance or nature of the rulemaking
				  requested;
4. The proposed text of
				  the rule;
5. The reasons for the
				  request;
6. The statutory authority
				  for the Commission to take the requested action; and
7. Any pertinent law or regulation.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 1 - REPRESENTATION PETITIONS › Section 19:11-1.1 - Petitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Rules
				  concerning who may file are as follows.
1. A
				  petition for certification of public employee representative (RO) may be filed
				  by any public employee or group of public employees, or by any individual or
				  employee organization claiming to be the exclusive representative of public
				  employees.
2. A petition for
				  certification of public employee representative (RE) may be filed by a public
				  employer alleging that one or more public employees, group of public employees,
				  individuals or employee organizations have presented to such employer a claim
				  to be recognized or continue to be recognized as the exclusive representative
				  and the public employer has a good faith doubt concerning the majority status
				  of the representative of its employees.
3. A petition for decertification of public
				  employee representative (RD) may be filed by any public employee or group of
				  public employees or any individual acting on their behalf alleging that the
				  certified or currently recognized employee representative is no longer the
				  majority representative of such employees and that the employees no longer
				  desire to be represented by any employee representative. A public employer may
				  not file a petition for decertification of public employee
				  representative.
4. A petition for
				  clarification of unit (CU) may be filed by the exclusive representative or
				  public employer.
5. A petition for
				  amendment of certification (AC) may be filed by an employee
				  organization.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 1 - REPRESENTATION PETITIONS › Section 19:11-1.2 - Contents of petition for certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				  petition for certification of public employee representative filed by a public
				  employee, a group of public employees, any individual, or an employee
				  organization shall contain:
1. The name,
				  address, e-mail address, and telephone number of the public employer and the
				  name and title of the person to contact, if known;
2. A description of the collective
				  negotiations unit claimed to be appropriate for the purpose of exclusive
				  representation by the petitioner. Such description shall indicate the general
				  classifications of employees sought to be included and those sought to be
				  excluded and the approximate number of employees in the unit claimed to be
				  appropriate;
3. The name, address
				  and telephone number of the recognized or certified exclusive representative,
				  if any, and the date of such certification or recognition and the expiration
				  date of any applicable collective negotiations agreement, if known to the
				  petitioner;
4. The names, addresses
				  and telephone numbers of any other interested employee organizations, if known
				  to the petitioner;
5. Any other
				  relevant facts;
6. The name and
				  affiliation, if any, of the petitioner and its address and telephone
				  number;
7. The name, address,
				  e-mail address, title, and telephone number of the petitioner's representative;
8. This dated and signed
				  certification by the petitioner or its representative: "I declare that I have
				  read the above petition and that the information is true to the best of my
				  knowledge and belief.";
9. A
				  petition for certification of public employee representative shall be
				  accompanied by a showing of interest as defined in
				  19:10-1.1 of not less than 30
				  percent of the employees in the unit alleged to be appropriate. An alphabetical
				  list of such designations also shall be submitted to the Director of
				  Representation; and
10. A petition
				  for certification of public employee representative shall state whether the
				  petitioner seeks certification:
i. Through a
				  secret ballot election conducted in accordance with
N.J.A.C.
				  19:11-10.1
through
10.7
; or
ii.
				  Without an election in accordance with
N.J.S.A.
				  34:13A-5
.3, as amended by
				  P.L.
				  2005, c. 161, on the
				  basis of its having submitted authorization cards signed by a majority of
				  employees in the unit alleged to be appropriate and there being no other
				  employee organization seeking to be the majority representative. The petitioner
				  shall submit the authorization cards upon which it is relying. The name of the
				  employee organization listed on the petition and on the authorization cards
				  must be identical.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 1 - REPRESENTATION PETITIONS › Section 19:11-1.3 - Contents of petition for decertification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				  petition for decertification of public employee representative shall contain:
1. A statement that the employee
				  representative certified by the Commission or recognized by the public employer
				  no longer represents a majority of the employees in the collective negotiations
				  unit in which it is currently recognized or certified;
2. The information required by
N.J.A.C.
				  19:11-1.2
, Contents of petition for
				  certification, except paragraphs (a)9 and 10;
3. The petition for decertification shall be
				  accompanied by a showing of interest of not less than 30 per cent of the
				  employees in the unit in which an exclusive representative has been recognized
				  or certified. A showing of interest shall indicate that the employees no longer
				  desire to be represented for purposes of collective negotiations by the
				  recognized or certified employee representative or by any other employee
				  representative.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 1 - REPRESENTATION PETITIONS › Section 19:11-1.4 - Petition for certification filed by a public employer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				  petition for certification of public employee representative filed by a public
				  employer shall state that a claim for representation or continued
				  representation has been made by one or more public employees, groups of public
				  employees, individuals or employee organizations and that the public employer
				  has a good faith doubt concerning the majority status of the representative of
				  its employees.
(b) A petition for
				  certification of representative filed by a public employer shall include all of
				  the information set forth in
N.J.A.C.
				  19:11-1.2
, except paragraphs (a)9
				  and 10.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 1 - REPRESENTATION PETITIONS › Section 19:11-1.5 - Petition for clarification of unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The exclusive
				  representative or the public employer may file a petition for clarification of
				  unit.
(b) A petition for
				  clarification of unit shall contain:
1. A
				  description of the present negotiations unit and the date of the certification
				  or recognition, if known;
2. A
				  description of the proposed clarification of the unit;
3. A statement by petitioner listing and
				  explaining fully the reasons for the proposed clarification. The reasons may
				  include:
i. Changed circumstances;
ii. Creation of a new position or
				  title;
iii. Dispute over a title in
				  a newly certified/recognized negotiations unit;
iv. New operation or facility;
v. Statutory exclusions;
vi. A dispute concerning the addition to a
				  certified or recognized unit for collective negotiations of employees who
				  perform negotiations unit work; and
vii. Any other reasons why the petition is
				  appropriate; and
4. The
				  information required by paragraphs (a)1, and (a)4 through (a)8 of
				  19:11-1.2.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 1 - REPRESENTATION PETITIONS › Section 19:11-1.6 - Petition for amendment of certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee
				  organization may file a petition for amendment of certification issued by the
				  Commission for the purpose of recording a change in the name or in the
				  affiliation of the exclusive representative.
(b) A petition for amendment of certification
				  shall contain:
1. The name of the employer
				  and the name of the certified employee organization involved;
2. The address of the public
				  employer;
3. An identification and
				  description of the existing certification;
4. A statement by the petitioner setting
				  forth the reason for the desired amendment;
5. The name, the affiliation, if any, and the
				  address of the petitioner;
6. Any
				  other relevant facts; and
7. This
				  dated and signed certification by the petitioner or its representative: "I
				  declare that I have read the above petition and that the information is true to
				  the best of my knowledge and belief."
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 2 - PROCESSING OF PETITIONS › Section 19:11-2.1 - Validity and confidentiality of showing of interest

Current through Register Vol. 56, No. 14, July 15, 2024
The showing of interest, including authorization cards
					 where a petitioner seeks certification by card check, shall be confidential and
					 shall not be furnished to any of the parties. The Director of Representation
					 shall determine the adequacy of the showing of interest and such decision shall
					 not be subject to collateral attack. Neither the nature nor the size of the
					 showing of interest shall be divulged. The showing shall be returned to the
					 petitioner once the case is closed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 2 - PROCESSING OF PETITIONS › Section 19:11-2.2 - Investigation of petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the
				  filing of any petition, the Director of Representation shall investigate the
				  petition to determine the facts.
(b) The Director of Representation shall
				  determine whether or not a valid question concerning the representation of
				  employees exists in a prima facie appropriate unit.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 2 - PROCESSING OF PETITIONS › Section 19:11-2.3 - Withdrawal or dismissal of petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				  Director of Representation determines after an investigation that any petition
				  has not been timely filed; or, in a petition for certification or
				  decertification, that no valid question concerning the representation of
				  employees exists in a prima facie appropriate unit; or, in a petition for
				  clarification of unit, that there is no dispute concerning the composition of
				  the unit of public employees, the Director may request the party filing such a
				  petition to withdraw the petition without prejudice or, in the absence of such
				  withdrawal, within a reasonable time may dismiss the petition.
(b) If it appears to the Director of
				  Representation or the assigned hearing officer that the petitioner has no
				  further interest in processing its petition, the Director or the hearing
				  officer may request the party filing such a petition to withdraw the petition
				  without prejudice or, in the absence of such a withdrawal, may dismiss the
				  petition within a reasonable time and after appropriate notice.
(c) Within 15 days after the date a petition
				  has been dismissed, a petitioner may file a motion to reopen with the Director
				  of Representation. The petitioner shall file an original and two copies of such
				  motion, together with proof of service of a copy on all other parties. Any
				  party opposing the motion may file an original and two copies of its response
				  within five days of receipt of the motion, together with proof of service of a
				  copy on all other parties. The motion may be granted based on a showing of
				  extraordinary circumstances or to prevent an injustice.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 2 - PROCESSING OF PETITIONS › Section 19:11-2.4 - Posting of notice of petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the
				  filing of a representation petition, the Director of Representation will direct
				  that the public employer post a notice to all employees, in places where
				  notices are normally posted affecting the employees in the unit involved in the
				  proceeding, on forms to be furnished by the Director of
				  Representation.
(b) Such notices
				  shall set forth:
1. The name of the
				  petitioner;
2. The description of
				  the unit involved;
3. Where a
				  petitioner seeks certification by election, a statement that the petitioner is
				  seeking an election to become certified as the majority representative for the
				  petitioned-for employees. Where the petitioner seeks certification by
				  authorization cards, a statement that the petitioner is seeking certification
				  as the majority representative without an election on the basis of its claim
				  that a majority of employees in the unit have signed authorization cards and no
				  other employee organization is seeking to be the majority representative;
				  and
4. A statement that all
				  interested parties are to advise the Director of Representation in writing of
				  their interest as soon as possible.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 2 - PROCESSING OF PETITIONS › Section 19:11-2.5 - Public docket

Current through Register Vol. 56, No. 14, July 15, 2024
The Director of Representation shall maintain (at the
					 Commission's offices in Trenton) a public docket of all petitions. Such docket
					 shall contain a copy of the petition but shall not include any showing of
					 interest. The petition shall remain in the public docket until the case is
					 closed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 2 - PROCESSING OF PETITIONS › Section 19:11-2.6 - Investigation of petition; disposition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If no
				  agreement for consent election has been reached pursuant to
				  19:11-4.1, the Director of
				  Representation shall conduct a further investigation. The petitioner, the
				  public employer, and any intervenor(s) shall present documentary and other
				  evidence, as well as statements of position, relating to the matters and
				  allegations set forth in the petition. Such submissions shall be simultaneously
				  served upon the parties.
(b) Where
				  the petitioner is seeking to be certified as the majority representative of an
				  appropriate unit on the basis of authorization cards and no other employee
				  organization is seeking to be the majority representative, the Director of
				  Representation shall determine whether a majority of employees in the unit have
				  signed valid authorization cards. Absent the submission of substantial,
				  reliable evidence that raises a legitimate and substantial doubt, executed
				  authorization cards are presumed valid.
(c) Information disclosed to a staff member
				  in confidence regarding any representation matter shall not be divulged. All
				  files, records, reports, documents or other papers received or prepared by a
				  staff member for purposes of settlement shall be classified as confidential.
				  The staff member shall not produce any confidential records of, or testify in
				  regard to, any settlement discussions conducted by him or her, on behalf of any
				  party in any type of proceeding.
(d) After the investigation of such petition,
				  the Director of Representation shall either:
1. Request the petitioner to withdraw the
				  petition, or in the absence of withdrawal, dismiss the petition, pursuant to
				  19:11-2.3;
2. Issue a decision dismissing the petition,
				  if it appears to the Director of Representation that there is not reasonable
				  cause to believe that a valid question concerning representation exists in an
				  appropriate unit;
3. Issue a
				  decision directing an election in an appropriate unit, if it appears to the
				  Director of Representation that there is reasonable cause to believe that a
				  valid question concerning representation exists in an appropriate unit and that
				  an election reflecting the free choice of the employees in the appropriate unit
				  will effectuate the policies of the Act (N.J.S.A. 34:13A-1.1 et
				  seq.);
4. Issue a decision
				  clarifying a unit;
5. Issue a
				  decision amending a certification;
6. Certify the petitioner as the majority
				  representative based on its submission of valid authorization cards signed by a
				  majority of the employees in the appropriate unit; or
7. Take other measures the Director of
				  Representation deems appropriate.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 2 - PROCESSING OF PETITIONS › Section 19:11-2.7 - Intervention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party
				  seeking to intervene in a representation proceeding must submit a written
				  request to the Director of Representation.
(b) To intervene in a proceeding initiated by
				  a petition for certification, an incumbent employee organization must submit
				  either:
1. Evidence that it is currently
				  certified or recognized in accordance with
				  19:11-3.1 (Recognition as
				  exclusive representative) as the exclusive representative of any of the
				  employees sought by the petition; or
2. A current or recently expired collective
				  negotiations agreement covering any of the petitioned-for employees.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 2 - PROCESSING OF PETITIONS › Section 19:11-2.8 - Timeliness of petitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where there
				  is no recognized or certified exclusive representative of the employees, a
				  petition for certification of public employee representative will be considered
				  timely filed provided there has been no valid election within the preceding
				  12-month period in the requested negotiations unit or any subdivision of the
				  unit.
(b) Where there is a
				  certified or recognized representative, a petition for certification or
				  decertification will not be considered timely filed if during the preceding 12
				  months an employee organization has been certified by the Commission as the
				  exclusive representative of employees in an appropriate unit, or an employee
				  organization has been granted recognition by a public employer pursuant to
				  19:11-3.1 (Recognition as
				  exclusive representative).
(c)
				  During the period of an existing written agreement containing substantive terms
				  and conditions of employment and having a term of three years or less, a
				  petition for certification of public employee representative or a petition for
				  decertification of public employee representative normally will not be
				  considered timely filed unless:
1. In a case
				  involving employees of the State of New Jersey, any agency of the State or any
				  State authority, commission or board, the petition is filed not less than 240
				  days and not more than 270 days before the expiration or renewal date of such
				  agreement;
2. In a case involving
				  employees of a county or a municipality, any agency of a county or municipality
				  or any county or municipal authority, commission or board, the petition is
				  filed not less than 90 days and not more than 120 days before the expiration or
				  renewal date of such agreement;
3.
				  In a case involving employees of a school district, the petition is filed
				  during the period between September 1 and October 15, inclusive, within the
				  last 12 months of such agreement.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 3 - RECOGNITION AS EXCLUSIVE REPRESENTATIVE › Section 19:11-3.1 - Recognition as exclusive representative

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a
				  public employer has been requested to recognize an employee organization as the
				  exclusive representative of a majority of the employees in an appropriate
				  collective negotiations unit, the public employer and the employee organization
				  may resolve such matters without the intervention of the Commission.
(b) The Commission will accord certain
				  privileges to such recognition as set forth in
				  19:11-2.7, Intervention and
				  19:11-2.8, Timeliness of
				  petitions, provided the following criteria have been satisfied before the
				  written grant of such recognition by a public employer:
1. The public employer has satisfied itself
				  in good faith, after a suitable check of the showing of interest, that the
				  employee representative is the freely chosen representative of a majority of
				  the employees in an appropriate collective negotiations unit;
2. The public employer conspicuously posted a
				  notice, where notices to employees are normally posted, for a period of at
				  least 10 consecutive days advising all persons that it intends to grant such
				  exclusive recognition without an election to a named employee organization for
				  a specified negotiations unit;
3.
				  The public employer served written notification on any employee organizations
				  that have claimed, by a written communication within the year preceding the
				  request for recognition, to represent any of the employees in the unit
				  involved, or any organization with which it has dealt within the year preceding
				  the date of the request for recognition. Such notification was made at least 10
				  days before the grant of recognition and contained the information set forth in
				  (b)2 above;
4. Another employee
				  organization has not within the 10-day period notified the public employer, in
				  writing, of a claim to represent any of the employees in the collective
				  negotiations unit or has not within such period filed a valid petition for
				  certification of public employee representative with the Director of
				  Representation;
5. Such recognition
				  shall be in writing and shall set forth specifically the collective
				  negotiations unit involved.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 4 - AGREEMENT FOR CONSENT ELECTION › Section 19:11-4.1 - Agreement for consent election

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where one or
				  more employee organizations assert a claim to represent employees in an
				  appropriate unit and a petition for certification of public employee
				  representative or a petition for decertification of public employee
				  representative has been filed, the parties may stipulate, subject to the
				  approval of the Director of Representation, that a secret ballot election shall
				  be conducted by the Commission among the employees in an appropriate collective
				  negotiations unit to determine whether they desire to be represented for
				  purposes of collective negotiations by any or none of the employee
				  organizations involved. The parties to such proceeding shall be the public
				  employer, the petitioner and any intervenors who shall have complied with the
				  requirements set forth in
				  19:11-2.7
				  (Intervention).
(b) The parties
				  shall stipulate as to the composition of the collective negotiations unit, and
				  may agree as to the eligibility period for participation in the election, the
				  dates, hours and places of the election, and the designations on the ballot,
				  subject to the approval of the Director of Representation. In the absence of an
				  agreement among the parties as to the eligibility period for participation in
				  the election, the dates, hours and places of the election, and the designation
				  on the ballot, the Director of Representation shall determine those
				  arrangements.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 5 - DIRECTED ELECTIONS › Section 19:11-5.1 - Directed elections

Current through Register Vol. 56, No. 14, July 15, 2024
A secret ballot election directed by the Commission or the
					 Director of Representation, pursuant to
					 19:11-2.6 (Investigation of
					 petition; disposition), shall be conducted in accordance with the order of the
					 Commission or Director of Representation set forth in the decision directing
					 the election. All elections shall be conducted under the supervision of the
					 Director of Representation. The Director of Representation may provide an
					 opportunity to the parties to agree upon the dates, hours and places of the
					 election, and the designations on the ballot, subject to his or her approval.
					 The Director of Representation may authorize an officer to convene a conference
					 among the parties for such purpose, at any time after the direction of an
					 election. Absent an agreement among the parties, the Director of Representation
					 shall determine the dates, hours and places of the election, and the
					 designations on the ballot.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 6 - HEARINGS › Section 19:11-6.1 - Who shall conduct; to be public unless otherwise ordered

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hearings in
				  representation proceedings shall be conducted by the Director of Representation
				  or a hearing officer designated by the Director of Representation, unless the
				  Commission or any of its members presides. When conducting a hearing the
				  Director of Representation shall have all the duties and powers of a hearing
				  officer pursuant to this subchapter. Such hearings shall be public unless
				  otherwise ordered, for good cause, by the Director of Representation, the
				  Commission or the hearing officer.
(b) An official reporter shall make the only
				  official transcript of such proceedings.
(c) Copies of the official transcript will
				  not be provided by the Commission except as provided by law.
(d) Copies of the transcript may be purchased
				  by arrangement with the official reporter, or examined in the Commission's
				  offices during normal working hours. If a transcript of the proceedings is
				  ordered before a recommended decision has been issued, the ordering party
				  shall, at the time of ordering, notify the hearing officer that a transcript
				  has been ordered and shall have the reporter service file a copy of the
				  transcript with the hearing officer for inclusion in the record.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 6 - HEARINGS › Section 19:11-6.2 - Notice of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director
				  of Representation shall issue a notice of hearing under the circumstances set
				  forth in 19:11-2.6(d) 
				  (Investigation of petition; disposition).
(b) A notice of hearing shall be served on
				  all interested parties at least 10 days before the hearing and shall include:
1. A statement of the time, place and nature
				  of the hearing;
2. A statement of
				  the unit claimed to be appropriate;
3. The name of the public employer,
				  petitioner and intervenors, if any;
4. A statement of the legal authority and
				  jurisdiction under which the hearing is to be held.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 6 - HEARINGS › Section 19:11-6.3 - Duties and powers of hearing officer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The hearing
				  officer shall have the duty to inquire fully into the facts.
(b) Before the case is transferred to the
				  Commission, the hearing officer shall have the authority, subject to these
				  rules and the Act, to:
1. Administer oaths and
				  affirmations;
2. Grant applications
				  for subpoenas;
3. Rule upon
				  petitions to quash subpoenas;
4.
				  Rule upon offers of proof and receive relevant evidence;
5. Take or cause depositions to be taken
				  whenever the ends of justice would be served;
6. Limit lines of questioning or testimony
				  which are repetitive, cumulative or irrelevant;
7. Regulate the course of the hearing and, if
				  appropriate, exclude persons or counsel from the hearing for contemptuous
				  conduct and strike all related testimony of a witness refusing to answer any
				  proper question;
8. Hold
				  conferences for settling or simplifying the issues;
9. Except as otherwise provided by these
				  rules, dispose of procedural requests, motions, or similar matters which shall
				  be made part of the record of the proceeding, including motions referred to the
				  hearing officer by the Commission and motions to amend pleadings, also, in
				  cases where a report and recommendations shall issue pursuant to
				  19:11-7.1 (Submission of the
				  hearing officer's report to the Commission), to recommend dismissal of cases in
				  whole or in part, and to order hearings reopened;
10. Call, examine and cross-examine witnesses
				  and introduce into the record documentary or other evidence;
11. Request the parties to state their
				  positions concerning any issue;
12.
				  Take any other necessary action authorized by these rules.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 6 - HEARINGS › Section 19:11-6.4 - Unavailability of hearing officer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				  hearing officer becomes unavailable, the Director of Representation or the
				  Commission may designate another hearing officer for the purpose of further
				  hearing or issuance of a report and recommendations on the record as made, or
				  both. The parties shall be notified of that designation.
(b) If the hearing officer becomes
				  unavailable after the hearing has been conducted and before a report and
				  recommendations has issued, the Commission may transfer the case to itself to
				  issue a decision.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 6 - HEARINGS › Section 19:11-6.5 - Rights of parties

Current through Register Vol. 56, No. 14, July 15, 2024
Any party shall have the right to appear at such hearing
					 in person, or by authorized representative, to call, examine and cross-examine
					 witnesses, and to introduce into the record documentary or other relevant
					 evidence, except that the participation of any party shall be limited to the
					 extent permitted by the hearing officer. Five copies of documentary evidence
					 shall be submitted unless the hearing officer permits a reduced number of
					 copies.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 6 - HEARINGS › Section 19:11-6.6 - Rules of evidence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parties
				  shall not be bound by rules of evidence, whether statutory, common law or
				  adopted by the Rules of Court.
(b)
				  All relevant evidence is admissible, except as otherwise provided by this
				  section.
(c) A hearing officer may,
				  in the exercise of discretion, exclude any evidence or offer of proof if its
				  probative value is substantially outweighed by the risk that its admission will
				  either necessitate undue consumption of time or create substantial danger of
				  undue prejudice or confusion.
(d)
				  The hearing officer shall give effect to the rules of privilege recognized by
				  law.
(e) Notice may be taken of
				  administratively noticeable facts and of facts within the Commission's
				  specialized knowledge. The material noticed shall be referred to in the hearing
				  officer's report and recommendations, and any party may contest the material so
				  noticed by filing timely exceptions pursuant to
				  19:11-7.3 (Exceptions;
				  cross-exceptions; briefs; answering briefs).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 6 - HEARINGS › Section 19:11-6.7 - Stipulations of facts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any
				  proceeding stipulations of facts may be submitted.
(b) Stipulations of fact may be accepted by
				  the Director of Representation or the hearing officer for a decision without a
				  hearing.
(c) The acceptance of
				  stipulations of facts by the Director of Representation or the hearing officer
				  may be deemed a waiver of a right to hearing. The parties may also agree to
				  waive a hearing officer's report and recommendations.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 6 - HEARINGS › Section 19:11-6.8 - Objection to conduct of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				  objection to the conduct of the hearing, including any objection to the
				  introduction of evidence, may be stated orally or in writing accompanied by a
				  short statement of the grounds for such objection and included in the
				  record.
(b) An objection shall not
				  be deemed waived by further participation in the hearing.
(c) During a hearing, the Commission will not
				  review any objection to the rulings of a hearing officer or the conduct of a
				  hearing except by special permission to appeal pursuant to
				  19:14-4.6(b).
				  Review by the Commission shall not stay the conduct of the hearing unless
				  otherwise ordered by the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 6 - HEARINGS › Section 19:11-6.9 - Motions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All written
				  motions shall briefly state the order or relief sought and, if appropriate,
				  shall be supported by affidavits.
1. An
				  original and two copies of a motion and any response to a motion made before
				  the designation of a hearing officer shall be filed with the Director of
				  Representation, together with proof of service of a copy on all other
				  parties.
2. An original and two
				  copies of a motion and any response to a motion made after the designation of a
				  hearing officer and before the issuance of hearing officer's report and
				  recommendations shall be filed with the hearing officer, together with proof of
				  service of a copy on all other parties.
3. An original and nine copies of a motion
				  and any response to a motion made after the issuance of hearing officer's
				  report and recommendations shall be filed with the Commission, together with
				  proof of service of a copy on all other parties.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 6 - HEARINGS › Section 19:11-6.10 - Review of rulings

Current through Register Vol. 56, No. 14, July 15, 2024
Interlocutory rulings by a hearing officer or by the
					 Director of Representation shall not be appealed directly to the Commission,
					 except by special permission pursuant to
					 19:14-4.6(b).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 6 - HEARINGS › Section 19:11-6.11 - Waiver of objections

Current through Register Vol. 56, No. 14, July 15, 2024
An objection not duly raised before a hearing officer
					 shall be deemed waived unless the Commission excuses the failure to raise the
					 objection because of extraordinary circumstances.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 6 - HEARINGS › Section 19:11-6.12 - Filing of brief and oral argument at hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party
				  shall be entitled, upon request, to a reasonable period before the hearing
				  closes for oral argument, which shall be included in the official transcript of
				  the hearing.
(b) Any party shall be
				  entitled, upon request made before the hearing closes, to file a brief or
				  proposed findings and conclusions, or both, with the hearing officer, who may
				  fix a reasonable time for such filing.
(c) A request for an extension of time for
				  good cause shown shall be made to the hearing officer, together with proof of
				  service of a copy on all other parties.
(d) No request will be considered unless
				  received before the expiration of the time fixed for the filing of briefs or
				  proposed findings and conclusions, unless expressly authorized by the hearing
				  officer.
(e) Five copies of any
				  brief or proposed findings and conclusions shall be filed with the hearing
				  officer, together with proof of service of a copy on all other
				  parties.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 6 - HEARINGS › Section 19:11-6.13 - Continuance or adjournment

Current through Register Vol. 56, No. 14, July 15, 2024
At the discretion of the hearing officer, the hearing may
					 be continued from day to day, or adjourned to a later date or to a different
					 place, by announcement at the hearing by the hearing officer, or by other
					 appropriate notice.