reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 5 - GRIEVANCE ARBITRATION › Section 19:12-5.6 - Adjournments

Current through Register Vol. 56, No. 14, July 15, 2024
The arbitrator shall have the authority to grant
					 adjournments for good cause shown, upon either party's application or the
					 arbitrator's own motion.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 5 - GRIEVANCE ARBITRATION › Section 19:12-5.7 - Arbitration in the absence of a party

Current through Register Vol. 56, No. 14, July 15, 2024
After duly scheduling the hearing, the arbitrator shall
					 have the authority to proceed in the absence of any party who, having failed to
					 obtain an adjournment, does not appear at the hearing.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 5 - GRIEVANCE ARBITRATION › Section 19:12-5.8 - Filing of briefs

Current through Register Vol. 56, No. 14, July 15, 2024
The parties at their option or at the request of the
					 arbitrator, may file pre-hearing or post-hearing briefs. The arbitrator, after
					 consultation with the parties, shall have the authority to set a time period
					 for the submission of briefs. They shall be submitted to the arbitrator along
					 with submission of proof of service on all parties. In the event that
					 post-hearing briefs are to be submitted, the hearing shall be deemed closed
					 upon receipt of post-hearing briefs by the arbitrator or upon the expiration of
					 the time period allowed for the submission of the post-hearing briefs.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 5 - GRIEVANCE ARBITRATION › Section 19:12-5.9 - Award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The arbitrator shall issue an award as
				  soon as possible after the close of hearing, but not more than 45 days
				  thereafter or such other time for date of award that the arbitrator shall fix
				  upon written notice to the parties.
(b) The award shall be in writing and shall
				  be submitted to the parties simultaneously.
(c) If the parties agree, the arbitrator may
				  submit the award without a written opinion.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 5 - GRIEVANCE ARBITRATION › Section 19:12-5.10 - Subpoena power

Current through Register Vol. 56, No. 14, July 15, 2024
The arbitrator shall have subpoena power in accordance
					 with 2A:24-1 et seq.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 5 - GRIEVANCE ARBITRATION › Section 19:12-5.11 - Cost of arbitration

Current through Register Vol. 56, No. 14, July 15, 2024
The cost of such arbitration shall be borne by the parties
					 in accordance with their agreement, and not by the Commission. The arbitrator
					 shall charge pursuant to a per diem fee schedule set forth on a resume sent to
					 the parties when a panel of arbitrators is submitted. The arbitrator shall not
					 change any fee noted on the resume without giving 30 days' written notice to
					 the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 6 - BINDING ARBITRATION TO REVIEW DISCIPLINARY TERMINATIONS, NOT INVOLVING ALLEGED CRIMINAL CONDUCT, OF NON-CIVIL SERVICE LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS › Section 19:12-6.1 - Purpose of procedures

Current through Register Vol. 56, No. 14, July 15, 2024
These procedures are intended to implement the provisions
					 of
					 P.L.
					 2009, c. 16, effective
					 June 1, 2009, which allow eligible law enforcement officers and firefighters
					 employed by a law enforcement agency or department that is not subject to the
					 provisions of Title 11A of the New Jersey Statutes, who are terminated based on
					 a complaint or charges issued for disciplinary reasons not involving any
					 alleged violation of criminal law, to have the option of having their
					 terminations reviewed by means of binding arbitration. Review through binding
					 arbitration is an alternative to review through a proceeding in the Superior
					 Court of New Jersey pursuant to
					 N.J.S.A.
					 40A:14-22, pertaining to firefighters, and
					 N.J.S.A.
					 40A:14-150, pertaining to law enforcement
					 personnel.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 6 - BINDING ARBITRATION TO REVIEW DISCIPLINARY TERMINATIONS, NOT INVOLVING ALLEGED CRIMINAL CONDUCT, OF NON-CIVIL SERVICE LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS › Section 19:12-6.2 - Special Disciplinary Arbitration Panel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Commission shall maintain a Special Disciplinary Arbitration Panel to hear
				  cases involving the disciplinary terminations of law enforcement officers and
				  firefighters from a law enforcement agency or department that is not subject to
				  the provisions of Title 11A of the New Jersey Statutes. Members of this panel
				  must have experience and expertise as neutrals making decisions in employee
				  discipline cases. Following a screening process as set forth in this section,
				  they shall be appointed for three-year terms.
(b) To be eligible for appointment to the
				  Special Disciplinary Arbitration Panel, an arbitrator applying for panel
				  membership must:
1. Be a member of, or
				  simultaneously apply for membership on, the Commission's panel of grievance
				  arbitrators,
				  19:12-5.1; and
2. In the three years before applying for
				  panel membership, not have served as an advocate for private or public sector
				  labor or management.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 6 - BINDING ARBITRATION TO REVIEW DISCIPLINARY TERMINATIONS, NOT INVOLVING ALLEGED CRIMINAL CONDUCT, OF NON-CIVIL SERVICE LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS › Section 19:12-6.3 - Who may file; when to file

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Eligible law
				  enforcement officers or firefighters employed by a law enforcement agency or
				  department that is not subject to the provisions of Title 11A of the New Jersey
				  Statutes, who are terminated based on a complaint or charges issued for
				  disciplinary reasons not involving any alleged violation of criminal law, may
				  appeal their terminations by filing a request for the appointment of a member
				  of the Special Disciplinary Arbitration Panel. An appeal may be filed only by
				  the terminated employee or the employee's authorized representative.
(b) An appeal of the termination of a
				  non-civil service law enforcement officer or firefighter shall be filed within
				  20 days after the employee has been personally served with a notice of
				  termination.
(c) Any assertion by
				  the employer that the law enforcement officer or firefighter is not eligible
				  for Special Disciplinary Arbitration at (a) or (b) above must be made by a
				  motion to dismiss, pursuant to
				  N.J.A.C.
				  19:12-6.5.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 6 - BINDING ARBITRATION TO REVIEW DISCIPLINARY TERMINATIONS, NOT INVOLVING ALLEGED CRIMINAL CONDUCT, OF NON-CIVIL SERVICE LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS › Section 19:12-6.4 - Contents of appeal to review the termination of a law enforcement officer or firefighter through binding arbitration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An appeal of a
				  disciplinary termination of an eligible non-civil service firefighter or law
				  enforcement officer shall be initiated by filing a written request with the
				  Director of Arbitration for the appointment of an arbitrator from the
				  Commission's Special Disciplinary Arbitration Panel.
(b) An original and four copies of such
				  request, signed and dated by the non-civil service firefighter or law
				  enforcement officer or his or her authorized representative, shall be filed.
				  The request shall set forth the name and address of the terminated employee;
				  the name and address of his or her employing agency or department; the names,
				  titles and telephone numbers of the parties' representatives to contact; and
				  the names, addresses and telephone numbers of any attorneys representing the
				  parties.
(c) A form for filing a
				  request for the appointment of a Special Disciplinary Arbitrator may be
				  downloaded from the Commission's website at:
http://www.state.nj.us/perc/conciliation/forms/
or will be supplied, upon request, addressed to: Public Employment Relations
				  Commission, PO Box 429, Trenton, New Jersey 08625-0429.
(d) Upon receipt of a request for appointment
				  of a Special Disciplinary Arbitrator, the Director shall forthwith submit:
1. A copy of the appeal to the employing
				  agency or department, or its authorized representative; and
2. Simultaneously, to each party or their
				  authorized representatives, the names of the members of the Special
				  Disciplinary Arbitration Panel. The resumes of the members of the Special
				  Disciplinary Arbitration Panel shall be posted on the Commission's website:
www.state.nj.us/perc
.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 6 - BINDING ARBITRATION TO REVIEW DISCIPLINARY TERMINATIONS, NOT INVOLVING ALLEGED CRIMINAL CONDUCT, OF NON-CIVIL SERVICE LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS › Section 19:12-6.5 - Motions to dismiss a request for appointment from the Special Disciplinary Arbitration Panel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A motion to dismiss a request for
				  appointment from the Special Disciplinary Arbitration Panel shall be made to
				  the Director of Arbitration within five days of the filing. The motion shall be
				  accompanied by a brief explaining the reason(s) for disqualification from the
				  special disciplinary arbitration process, which shall include affidavits and
				  documentary evidence.
(b) Within
				  five days of service on it of the motion to dismiss, the responding party shall
				  serve and file its answering brief, documents, and affidavits.
(c) The motion to dismiss shall be decided on
				  the papers filed. No further arguments, documents, or affidavits shall be
				  served, except by leave or request of the Director of Arbitration. The Director
				  of Arbitration shall issue a decision in writing, which shall be a final agency
				  decision.
(d) If the Director
				  determines, in his or her sole discretion, that a factual dispute exists which
				  prevents him or her from deciding the motion, the Director may transfer the
				  motion for further proceedings.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 6 - BINDING ARBITRATION TO REVIEW DISCIPLINARY TERMINATIONS, NOT INVOLVING ALLEGED CRIMINAL CONDUCT, OF NON-CIVIL SERVICE LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS › Section 19:12-6.6 - Appointment of disciplinary arbitrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If
				  within 10 days of receiving the list of disciplinary arbitrators, the parties
				  have not notified the Director of Arbitration in writing of the name of an
				  arbitrator that they have mutually selected, the assignment of the arbitrator
				  for the purposes of this section shall be the responsibility of the Director,
				  independent of and without any participation by any party. The Director shall
				  select the arbitrator for assignment by lot.
(b) Should an arbitrator selected by mutual
				  agreement be unable to serve, the parties shall be afforded one opportunity to
				  select a replacement. If the parties are unable to mutually agree upon the
				  selection of a replacement within 10 days after a mutually selected arbitrator
				  has advised the parties and the Director of the arbitrator's unavailability to
				  serve in the appeal, the Director shall select the replacement in the manner
				  provided at (c) below.
(c) In any
				  proceeding where an assigned arbitrator is unable to serve and the parties are
				  unable to mutually agree upon a replacement, the Director shall assign a
				  replacement arbitrator. The assignment shall be the responsibility of the
				  Director, independent of and without any participation by any party. The
				  Director shall select the replacement arbitrator for assignment by
				  lot.
(d) Any arbitrator, whether
				  mutually selected by the parties or appointed by the Director by lot, who is
				  unable or unwilling to serve, shall so notify the parties and the Director
				  within three days of receiving the notice of appointment.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 6 - BINDING ARBITRATION TO REVIEW DISCIPLINARY TERMINATIONS, NOT INVOLVING ALLEGED CRIMINAL CONDUCT, OF NON-CIVIL SERVICE LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS › Section 19:12-6.7 - Powers and duties of disciplinary arbitrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  arbitrator may administer oaths and require the attendance of witnesses and the
				  production of such documents as the arbitrator may deem material to a just
				  determination of the appeal, and for such purpose may issue subpoenas. If any
				  person refuses to obey a subpoena, or refuses to be sworn or to testify, or if
				  any witness, party or attorney is guilty of contempt while in attendance of any
				  hearing, the arbitrator may, or the Attorney General if requested shall, invoke
				  the aid of the Superior Court within the county in which the hearing is being
				  held, and that court shall issue an appropriate order. A failure to obey the
				  order may be punished by the court as contempt.
(b) The arbitrator shall have the power to
				  resolve any discovery issues. In all cases and no later than 10 days prior to
				  the date of the hearing:
1. The employing
				  agency or department shall provide the law enforcement officer or firefighter
				  with a copy of the contents of his or her personnel file;
2. Both parties shall provide to one another
				  copies of all documents that the parties plan to introduce into evidence at the
				  hearing; and
3. Both parties shall
				  provide to one another a list of the witnesses the parties plan to have testify
				  at the hearing.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 6 - BINDING ARBITRATION TO REVIEW DISCIPLINARY TERMINATIONS, NOT INVOLVING ALLEGED CRIMINAL CONDUCT, OF NON-CIVIL SERVICE LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS › Section 19:12-6.8 - Arbitrator's decision: timing; service; implementation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  arbitrator shall render an opinion and final determination within 90 days of
				  his or her appointment, whether that appointment is by mutual agreement of the
				  parties or by the Director by lot.
(b) Copies of the arbitrator's final
				  determination shall be served on the parties and the Director. The
				  determination shall be binding and shall be implemented immediately.
(c) If the final determination sustains the
				  officer's or the firefighter's appeal, the officer or firefighter shall be
				  reinstated immediately with full pay, be restored all rights and benefits,
				  including those accruable during the period of appeal, and shall, within 30
				  days, be paid any salary moneys withheld by the officer's employing agency or
				  the firefighter's department.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 6 - BINDING ARBITRATION TO REVIEW DISCIPLINARY TERMINATIONS, NOT INVOLVING ALLEGED CRIMINAL CONDUCT, OF NON-CIVIL SERVICE LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS › Section 19:12-6.9 - Cost of arbitration; arbitrator's fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The cost of
				  arbitration shall be borne equally by the parties.
(b) Arbitrators shall be compensated in
				  accordance with the following fee schedule:
1.
				  For arbitrators assigned by lot, the fee shall be $ 1,000 per day;
				  and
2. For arbitrators mutually
				  selected by the parties, the fee shall be the per diem rate set by the
				  arbitrator for conducting grievance arbitrations and on file with the Director
				  of Arbitration on the date of the mutual selection.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 7 - IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES › Section 19:12-7.1 - Purpose of procedures

Current through Register Vol. 56, No. 14, July 15, 2024
N.J.S.A. 34:13A-5.13, Access to
					 members of negotiations units, mandates that public employers shall provide to
					 exclusive representative employee organizations access to members of the
					 negotiations units. These procedures are designed to implement
					 N.J.S.A.
					 34:13A-5.13, including 34:13A-5.13g and h,
					 which provide that impasses in collective negotiations between a public
					 employer and an employee organization that has been designated as the exclusive
					 representative of employees in a collective negotiations unit, over access to
					 employees in a collective negotiations unit as described in N.J.S.A.
					 34:13A-5.13a through f, shall be resolved by a Commission-appointed arbitrator
					 with authority to issue a binding decision or to resolve the impasse through
					 voluntary mediation.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 7 - IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES › Section 19:12-7.2 - Resolution of collective negotiations impasses over access to employees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the parties
				  are unable to reach agreement within 30 calendar days from the commencement of
				  negotiations in accordance with N.J.S.A. 34:13A-5.13gregarding access to, and
				  communications with, negotiations unit members, the exclusive employee
				  organization, or the public employer may file a petition with the Public
				  Employment Relations Commission to resolve the negotiations dispute.
1. Forms for filing a request for the
				  appointment of an arbitrator to resolve a negotiations impasse regarding access
				  to, and communications with, negotiations unit members will be supplied upon
				  request. Address requests to: Public Employment Relations Commission, PO Box
				  429, Trenton, New Jersey 08625-0429. The form is also available on the
				  Commission's website:
www.state.nj.us/perc
.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 7 - IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES › Section 19:12-7.3 - Award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The arbitrator
				  shall issue an award as soon as possible after the close of the record, but not
				  more than 45 days thereafter.
(b)
				  An arbitrator may not extend the timeline for issuing a written award without
				  approval from the Director of Conciliation and Arbitration (Director), or his
				  or her designee. Extension requests shall be in writing and filed before the
				  35th day. The Director, or his or her designee, shall respond to extension
				  requests within five days of receipt.
(c) The award shall be in writing and shall
				  be submitted to the parties simultaneously, and electronically to the Public
				  Employment Relations Commission.
(d) Where relevant, the arbitrator may take
				  into account the following factors:
1. The
				  interests and welfare of the public;
2. Any stipulations of the parties;
3. The lawful authority of the
				  employer;
4. The financial impact
				  on the employer;
5.
				  Comparability;
6. Existing
				  provisions bearing on the exclusive representative's access to employees,
				  whether set by past practice, contract, statute, or case law ; and
7. Any other factors the arbitrator
				  identifies as relevant.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 8 - NOTICE OF SUBCONTRACTING › Section 19:12-8.1 - Purpose of procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  procedures of this subchapter are intended to implement the provisions of
				  P.L.
				  2020, c. 79, effective
				  September 11, 2020, concerning employer notice of subcontracting and the
				  opportunity of the majority representative to discuss the decision to
				  subcontract and engage in impact negotiations.
(b) Pursuant to
				  N.J.S.A.
				  34:13A-46, an employer, as defined at
				  N.J.S.A.
				  34:13A-44, may not enter into a
				  subcontracting agreement for a period following the term of the current
				  collective negotiations/bargaining agreement unless the employer:
1. Provides written notice to the majority
				  representative of employees in each collective bargaining unit that may be
				  affected by the subcontracting agreement and to the New Jersey Public
				  Employment Relations Commission, not less than 90 days before the employer
				  requests bids, or solicits contractual proposals for the subcontracting
				  agreement; and
2. Has offered the
				  majority representative of the employees in each collective bargaining unit
				  that may be affected by the subcontracting agreement the opportunity to meet
				  and consult with the employer to discuss the decision to subcontract, and the
				  opportunity to engage in negotiations over the impact of the
				  subcontracting.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 8 - NOTICE OF SUBCONTRACTING › Section 19:12-8.2 - Notice to the Commission of subcontracting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least 90 days prior to the employer
				  requesting bids or soliciting contract proposals for the subcontracting
				  agreement, the employer shall provide written notice to the Director of
				  Conciliation. An original and four copies of such notice shall be filed, and
				  shall be signed and dated and shall contain the following information:
1. Name, address, and contact information for
				  the employer;
2. Name, address, and
				  contact information for the majority representative(s) of any employees who may
				  be affected by the subcontracting agreement;
3. Title(s) of employees who may be
				  affected;
4. Number of employees
				  who may be affected;
5. Expiration
				  date of the current collective negotiations/bargaining agreement;
6. Date(s) the employer provided notice of
				  planned subcontracting to the affected majority representative(s);
7. Date(s) the employer will request bids or
				  solicit contracts for subcontracting;
8. Date(s) the employer has met or will meet
				  with the affected majority representative(s) to discuss the planned
				  subcontracting; and
9. Date(s) the
				  employer has negotiated or will negotiate with the affected majority
				  representative(s) over the impact of the planned
				  subcontracting.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12A - SUPER CONCILIATION-HEALTH BENEFITS PLAN DESIGN AND PENSION COMMITTEES › Subchapter 1 - SUPER CONCILIATION-HEALTH BENEFITS PLAN DESIGN AND PENSION COMMITTEES › Section 19:12A-1.1 - Purpose of procedures

Current through Register Vol. 56, No. 14, July 15, 2024
The procedures in this chapter implement
					 P.L.
					 2011, c. 78, sections 33 and 55 (N.J.S.A.
					 43:3C-17 and
					 52:14-17.27b, respectively),
					 effective June 28, 2011. These laws provide for super conciliation to assist in
					 the resolution of disputes among members of committees created pursuant to
					 P.L.
					 2011, c. 78, that are charged with reviewing and
					 modifying public employee health benefits and pension plans. The Public
					 Employment Relations Commission (Commission) will create and administer a
					 Health Benefits Plan Design and Pension Committees Super Conciliation Panel. A
					 super conciliator will be appointed to resolve any impasses resulting from a
					 committee's failure to render a decision on a matter before the committee
					 because it has not received a vote of the majority of the committee members
					 after 60 days have passed following the initial consideration of the matter.
					 Super conciliation, pursuant to these procedures, is limited to investigatory
					 proceedings involving disputes emanating from committees established pursuant
					 to P.L.
					 2011, c. 78.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12A - SUPER CONCILIATION-HEALTH BENEFITS PLAN DESIGN AND PENSION COMMITTEES › Subchapter 1 - SUPER CONCILIATION-HEALTH BENEFITS PLAN DESIGN AND PENSION COMMITTEES › Section 19:12A-1.2 - Health Benefits Plan Design and Pension Committees Super Conciliation Panel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Public
				  Employment Relations Commission (Commission) shall maintain a Health Benefits
				  Plan Design and Pension Committees Super Conciliation Panel (Panel) to resolve
				  disputes emanating from health benefits plan design and pension committees.
				  Members of the Panel must have experience and expertise in dispute resolution.
				  Following a screening process as set forth in this section, they shall be
				  appointed for three-year terms.
(b)
				  To be eligible for appointment to the Panel, an applicant for Panel membership
				  shall:
1. Have experience mediating or
				  adjudicating issues involving health insurance and/or pension
				  matters;
2. Serve in a
				  neutral/mediatory capacity for a minimum of three years;
3. In the three years before applying for
				  Panel membership, not have served as an advocate for private or public sector
				  labor or management;
4. Have an
				  impeccable reputation for professional competence, ethics, and integrity, and
				  have complied with all applicable codes of conduct; and
5. Demonstrate:
i. The ability to write a well-reasoned
				  decision, consistent with the parameters of assignments;
ii. Knowledge of government finance and
				  fiscal principles; and
iii.
				  Substantial experience in dispute resolution.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12A - SUPER CONCILIATION-HEALTH BENEFITS PLAN DESIGN AND PENSION COMMITTEES › Subchapter 1 - SUPER CONCILIATION-HEALTH BENEFITS PLAN DESIGN AND PENSION COMMITTEES › Section 19:12A-1.3 - Appointment of a super conciliator

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  The executive secretary of a committee established pursuant to
				  P.L.
				  2011, c. 78, or in the absence of the executive
				  secretary, a committee designee, may file a petition seeking the appointment of
				  a super conciliator pursuant to
				  N.J.S.A.
				  52:14-17.27b, applicable to health benefits
				  plan design committees, or
				  N.J.S.A.
				  43:3C-17, applicable to pension committees
				  where:
1. The committee fails to render a
				  decision on a matter before it because it has not received a vote of the
				  majority of the committee members; and
2. Sixty days have passed following the
				  initial consideration of the matter by the committee.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12A - SUPER CONCILIATION-HEALTH BENEFITS PLAN DESIGN AND PENSION COMMITTEES › Subchapter 1 - SUPER CONCILIATION-HEALTH BENEFITS PLAN DESIGN AND PENSION COMMITTEES › Section 19:12A-1.4 - Powers and duties of super conciliators

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Super conciliators appointed from the
				  Health Benefits Plan Design and Pension Committees Super Conciliation Panel
				  shall have the authority to exercise the powers granted at N.J.S.A.
				  52:1417.27b, applicable to health benefits plan design committees, and
				  N.J.S.A.
				  43:3C-17, applicable to pension committees,
				  to institute non-binding procedures deemed appropriate to resolve committee
				  disputes.
(b) The super conciliator
				  shall contact the committee's executive secretary to arrange for a mutually
				  satisfactory date, time, and place for an investigatory proceeding. In the
				  absence of an agreement, the super conciliator shall have the authority to set
				  the date, time, and place for the meeting. The super conciliator shall send a
				  notice to the executive secretary containing arrangements for a proceeding
				  within a reasonable time period before the meeting.
(c) The purpose of the proceedings conducted
				  by a super conciliator shall be to:
1.
				  Investigate and acquire all relevant information regarding a committee's
				  failure to render a decision;
2.
				  Discuss with the members of the committee their differences, and utilize means
				  and mechanisms, including, but not limited to, requiring 24-hour per day
				  negotiations, until a voluntary settlement is reached, and provide
				  recommendations to resolve the members' differences; and
3. Institute any other non-binding procedures
				  deemed appropriate by the super conciliator.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12A - SUPER CONCILIATION-HEALTH BENEFITS PLAN DESIGN AND PENSION COMMITTEES › Subchapter 1 - SUPER CONCILIATION-HEALTH BENEFITS PLAN DESIGN AND PENSION COMMITTEES › Section 19:12A-1.5 - Cost of super conciliation/super conciliator's fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The cost of super conciliation shall be
				  borne by the Department of the Treasury, Division of Pensions and Benefits and
				  not by the Public Employment Relations Commission.
(b) The super conciliator shall be paid at
				  their grievance arbitration/mediation rate for each eight-hour session or part
				  thereof.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 1 - NATURE OF PROCEEDINGS; LIMITS OF JURISDICTION › Section 19:13-1.1 - Nature of proceedings; limits of jurisdiction

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
										34:13A-5.4(d) 
				  provides that the Commission shall at all times have the power and duty, upon
				  the request of any public employer or exclusive representative, to make a
				  determination as to whether a matter in dispute is within the scope of
				  collective negotiations. The procedure set forth in this chapter is intended to
				  avoid protracted administrative litigation with respect to disputes that
				  normally will involve solely questions of law and policy. Accordingly, scope of
				  negotiations proceedings will normally be expeditiously resolved on the basis
				  of the parties' submissions.
(b)
				  Where the dispute concerns the legal arbitrability of a grievance sought to be
				  submitted to binding arbitration pursuant to a collectively negotiated
				  grievance/arbitration procedure, the Commission will not determine:
1. Whether the grievance is covered by the
				  arbitration clause of an agreement;
2. Whether the facts are as alleged by the
				  grievant;
3. Whether a contract
				  provides a defense for the employer's alleged action;
4. Whether there is a valid arbitration
				  clause in an agreement; or
5. Any
				  other similar question.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 2 - INITIATION OF PROCEEDINGS › Section 19:13-2.1 - Who may file

Current through Register Vol. 56, No. 14, July 15, 2024
Any public employer or recognized or certified public
					 employee exclusive representative, either individually or jointly, may initiate
					 scope of negotiation proceedings by filing with the Commission an original and
					 nine copies of a petition for scope of negotiations determination, together
					 with proof of service of a copy of such petition upon the other party to the
					 collective negotiations relationship. A copy of each such petition filed shall
					 be retained in a public docket until the case is closed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 2 - INITIATION OF PROCEEDINGS › Section 19:13-2.2 - Contents of petition for scope of negotiations determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A petition
				  for scope of negotiations determination shall be in writing. The party
				  representative filing the petition shall make this signed and dated
				  certification: "I declare that I have read the above petition and that the
				  statements are true to the best of my knowledge and belief." Such petition
				  shall contain the following:
1. The full
				  name, address and telephone number of the public employer that is a party to
				  the collective negotiations relationship;
2. The full name, address and telephone
				  number of the recognized or certified public employee exclusive representative
				  that is a party to the collective negotiations relationship;
3. A clear and concise explanation of the
				  matter or matters in dispute, which shall include a statement of the pertinent
				  facts, and, in cases involving the withholding of an increment of a teaching
				  staff member, shall be accompanied by a copy of the statement of reasons issued
				  to the teaching staff member at the time the increment was withheld;
4. A statement that the dispute has arisen:
i. During the course of collective
				  negotiations, and that one party seeks to negotiate with respect to a matter
				  that the other party contends is not a required subject for collective
				  negotiations;
ii. With respect to
				  the negotiability and legal arbitrability of a matter sought to be submitted to
				  binding arbitration pursuant to a collectively negotiated grievance
				  procedure;
iii. With respect to the
				  legal arbitrability of a dispute as to whether the withholding of an increment
				  of a teaching staff member is disciplinary or predominately relates to the
				  evaluation of a teaching staff member's teaching performance; or
iv. Other than in (a)4i, ii, and iii above,
				  with an explanation of any special circumstances warranting the exercise of the
				  Commission's scope of negotiations jurisdiction; and
5. A list of any other actions which the
				  petitioner knows about that involve the same or a related dispute, before the
				  Commission or any other administrative agency, arbitrator or court.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 3 - PROCEDURE › Section 19:13-3.1 - "Petitioner" or "respondent"

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the term "petitioner" shall
					 refer to the party initiating the proceeding or, in the case of a joint
					 petition, the party contending that the disputed matter is within the scope of
					 collective negotiations; the term "respondent" shall refer to the other party
					 to the proceeding.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 3 - PROCEDURE › Section 19:13-3.2 - Suspension of case processing during interest arbitration proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a
				  petition to initiate compulsory interest arbitration pursuant to
				  34:13A-16 et seq. and N.J.A.C.
				  19:16 has been filed, the Commission will suspend the processing of any scope
				  of negotiations petition involving issue(s) in dispute in the interest
				  arbitration proceeding.
(b) This
				  procedure will apply to:
1. Scope of
				  negotiations petitions filed prior to the filing of a petition to initiate
				  compulsory interest arbitration that have not yet been decided by the
				  Commission;
2. Scope of
				  negotiations petitions filed concurrently with the filing of an interest
				  arbitration petition; and
3. Scope
				  of negotiations petitions filed by the non-petitioning party within the five
				  day time limit set by
				  34:13A-16.d(2) to file a response
				  to a petition to initiate compulsory interest arbitration.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 3 - PROCEDURE › Section 19:13-3.3 - Intervention

Current through Register Vol. 56, No. 14, July 15, 2024
A motion for leave to intervene in proceedings under this
					 chapter shall be filed in writing with the Commission or its named designee,
					 stating the grounds upon which an interest in the proceeding is claimed and
					 stating the extent to which intervention is sought. An original and nine copies
					 of such motion shall be filed, together with proof of service of a copy of such
					 motion upon the parties. The Commission or its named designee may permit
					 intervention to such extent and upon such terms as may be deemed just.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 3 - PROCEDURE › Section 19:13-3.4 - Informal conference

Current through Register Vol. 56, No. 14, July 15, 2024
An officer of the commission may hold a conference for the
					 purpose of clarifying the issues in dispute, exploring the possibility of
					 voluntary resolution and settlement of the dispute, or for the taking of
					 stipulations of fact.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 3 - PROCEDURE › Section 19:13-3.5 - Amendment; withdrawal; dismissal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Commission Chair or such other person designated by the Commission may permit
				  the petitioner to amend its petition for scope of negotiations determination at
				  any time upon such terms as may be deemed just. Filing, service, and proof of
				  service of such amended petition for scope of negotiations determination shall
				  conform to the provisions of these rules relating to the original petition for
				  scope of negotiations determination.
(b) A petition for scope of negotiations
				  determination shall be dismissed and the case closed if the petitioner files a
				  notice of withdrawal of the petition for scope of negotiations determination at
				  any time prior to the issuance of the Commission's decision. Unless otherwise
				  stated in the notice of withdrawal, the dismissal is without
				  prejudice.
(c) In the absence of a
				  notice of withdrawal, the Commission Chair or such other person designated by
				  the Commission may request the petitioner to file such notice. Where it appears
				  to the Commission Chair or such other person designated by the Commission that
				  the petitioner has no further interest in processing its petition, that
				  individual may, upon appropriate notice, deem the petition to have been
				  withdrawn. Unless otherwise stated, a withdrawal and dismissal under this
				  subsection is without prejudice.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 13 - SCOPE OF NEGOTIATIONS PROCEEDINGS › Subchapter 3 - PROCEDURE › Section 19:13-3.6 - Notice of filing; additional submissions; case processing; briefs; non-conforming filings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No briefs or
				  other legal argument shall be filed until the petitioner has received from the
				  Commission a notice of filing. The notice may include a request for additional
				  information.
(b) The petitioner
				  shall file a brief in support of its petition within 14 days of receipt of the
				  notice of filing setting a briefing schedule, unless the Chair, or such other
				  person designated by the Commission, postpones the filing of briefs and advises
				  the parties how the case will be processed. An original and nine copies of the
				  brief shall be filed together with proof of service of a copy of such brief
				  upon the respondent.
(c) Within 14
				  days after the service of the petitioner's brief, the respondent shall file
				  with the Chair or such other person designated by the Commission an original
				  and nine copies of its brief, together with proof of service of a copy of such
				  brief upon the petitioner.
(d) The
				  petitioner may file with the Chair or such other person designated by the
				  Commission an original and nine copies of a reply brief within seven days after
				  the service of the respondent's brief, together with proof of service of a copy
				  of such reply brief upon the respondent. No other briefs shall be served or
				  filed without leave of the Chair or such other person designated by the
				  Commission.
(e) The Chair or such
				  other person designated by the Commission may grant written requests for
				  extensions of time within which to file briefs. Such request shall set forth
				  the reasons for the request and the position of the other party regarding the
				  requested extension.
(f) All briefs
				  filed with the Commission shall:
1. Recite
				  all pertinent facts supported by certification(s) based upon personal
				  knowledge.
2. Cite all pertinent
				  statutes, rules and cases and, where the brief exceeds 20 pages in length,
				  include a Table of Authorities;
3.
				  Apply all relevant negotiability tests and precedents to the particular facts
				  of the dispute; and
4. Contain an
				  appendix with all pertinent documents not previously filed.