reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 16 - NEGOTIATIONS, IMPASSE PROCEDURES, AND COMPULSORY INTEREST ARBITRATION OF LABOR DISPUTES IN PUBLIC FIRE AND POLICE DEPARTMENTS › Subchapter 5 - COMPULSORY INTEREST ARBITRATION › Section 19:16-5.13 - Fees for appealing and cross-appealing interest arbitration awards and requests for special permission to appeal interlocutory rulings or orders

Current through Register Vol. 56, No. 14, July 15, 2024
At the time a party files a notice of appeal of an
					 interest arbitration award with the Commission, the appealing party shall pay a
					 $ 200.00 fee. At the time a party files a notice of cross-appeal of an interest
					 arbitration award with the Commission, the cross-appealing party shall pay a $
					 200.00 fee. At the time a party files with the Commission a request for special
					 permission to appeal an interlocutory order or ruling, the party shall pay a $
					 75.00 fee. Fees shall be paid by checks made payable to the "State of New
					 Jersey"; purchase orders may be submitted.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 16 - NEGOTIATIONS, IMPASSE PROCEDURES, AND COMPULSORY INTEREST ARBITRATION OF LABOR DISPUTES IN PUBLIC FIRE AND POLICE DEPARTMENTS › Subchapter 5 - COMPULSORY INTEREST ARBITRATION › Section 19:16-5.15 - Standards for appointment and reappointment to the special panel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Because any
				  special panel member may be assigned to the most demanding and complex interest
				  arbitration matter, appointments to the special panel will be limited to those
				  labor relations neutrals who, in the Commission's expert judgment, have the
				  demonstrated ability to mediate the most complex labor relations disputes and
				  resolve the most demanding interest arbitration matters in the most
				  professional, competent and neutral manner. No applicant shall have any right
				  or expectation to be appointed or reappointed to the special panel.
(b) An applicant shall already be a member of
				  the Commission's mediation, fact-finding and grievance arbitration panels, have
				  an impeccable reputation in the labor-management community for professional
				  competence, ethics and integrity, shall have complied with all applicable codes
				  of conduct, and shall demonstrate:
1. Ability
				  to write a well-reasoned decision consistent with applicable legal standards
				  and within statutory deadlines;
2.
				  Knowledge of labor relations, governmental and fiscal principles relevant to
				  dispute settlement and interest arbitration proceedings;
3. Substantial experience both as a mediator
				  and arbitrator; and
4. Competent
				  performance on the Commission's mediation, fact-finding and grievance
				  arbitration panels.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 16 - NEGOTIATIONS, IMPASSE PROCEDURES, AND COMPULSORY INTEREST ARBITRATION OF LABOR DISPUTES IN PUBLIC FIRE AND POLICE DEPARTMENTS › Subchapter 5 - COMPULSORY INTEREST ARBITRATION › Section 19:16-5.16 - Suspension, removal or discipline of members of the special panel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				  34:13A-16(e),
				  this section provides a procedure to be followed by the Commission in deciding
				  whether to suspend, remove, or otherwise discipline an arbitrator during his or
				  her three-year term.
(b) If it
				  appears that suspension, removal, or discipline may be warranted, the Director
				  of Conciliation and Arbitration shall provide a written statement to the
				  arbitrator specifying the reasons for the action being considered. The
				  arbitrator shall have an opportunity to submit a prompt written response to the
				  Director. The arbitrator shall also be given an opportunity to meet with the
				  Director to discuss the matter.
(c)
				  If a suspension or removal is being contemplated, if the arbitrator requests a
				  hearing, and if it appears to the Director that substantial and material facts
				  are in dispute, the Director may designate a hearing officer to conduct a
				  hearing and make findings of fact.
(d) The Director may temporarily suspend an
				  arbitrator from the panel pending any hearing.
(e) After receiving the arbitrator's
				  response, meeting with the arbitrator, and considering the facts found at any
				  hearing, the Director may decide to reprimand, suspend, or remove an arbitrator
				  or may decide that no action is warranted. The Director shall send a written
				  decision to the arbitrator.
(f)
				  Within 14 days of receiving the Director's decision, an arbitrator may file a
				  written appeal of that decision with the Commission. Such appeal shall specify
				  the grounds for disagreeing with the Director's decision.
(g) A temporary suspension may be continued
				  pending that appeal.
(h) The
				  Commission or its designee may sustain, modify, or reverse the action taken by
				  the Director and shall provide the arbitrator with a written statement
				  explaining the basis for that decision.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 16 - NEGOTIATIONS, IMPASSE PROCEDURES, AND COMPULSORY INTEREST ARBITRATION OF LABOR DISPUTES IN PUBLIC FIRE AND POLICE DEPARTMENTS › Subchapter 5 - COMPULSORY INTEREST ARBITRATION › Section 19:16-5.17 - Interlocutory rulings; appeal on special permission

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Interlocutory rulings or orders issued before the arbitrator's final written
				  opinion and award under N.J.S.A. 34:13A-16f(5) and
				  19:16-5.9 shall not be appealed to
				  the Commission except by special permission to appeal. All such rulings and
				  orders shall become part of the record of the arbitration proceedings and shall
				  be reviewed by the Commission in considering any appeal or cross-appeal from an
				  arbitrator's final award, provided exception to the ruling or order is included
				  in the appeal or cross-appeal filed with the Commission pursuant to
				  19:16-8.1 through 8.3.
(b) A request for special permission to
				  appeal shall be filed in writing on the next business day following service of
				  written rulings or statements of oral rulings, and shall briefly state the
				  grounds for granting special permission to appeal and the grounds for reversing
				  or modifying the ruling or order in question. An original and nine copies of
				  the request shall be filed with the Chair, together with the $ 75.00 fee
				  required under
				  19:16-5.1 3 and proof of service
				  of a copy of the request on all other parties and the arbitrator assigned to
				  the case. A party opposing the request may file an original and nine copies of
				  a statement in opposition within two business days of service on it of the
				  request for special permission to appeal and shall briefly state the grounds
				  for denying special permission to appeal and the grounds for affirming the
				  ruling or order in question. An original and nine copies of the statement shall
				  be filed with the Chair, together with proof of service of a copy on all other
				  parties and the arbitrator assigned to the case.
(c) The Chair has the authority to grant or
				  deny special permission to appeal. If the Chair grants special permission to
				  appeal, the arbitration proceeding shall not be stayed unless otherwise ordered
				  by the Chair. The Commission shall consider an appeal on the papers submitted
				  to the Chair, or on such further submission as it may require.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 16 - NEGOTIATIONS, IMPASSE PROCEDURES, AND COMPULSORY INTEREST ARBITRATION OF LABOR DISPUTES IN PUBLIC FIRE AND POLICE DEPARTMENTS › Subchapter 6 - DETERMINATION OF DISPUTES OVER ISSUE DEFINITION › Section 19:16-6.1 - Purpose of procedure

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission has the statutory authority to resolve
					 disputes as to whether an issue is an economic or a noneconomic issue as
					 defined in N.J.S.A. 34:13A-16f(2). After the filing of a petition to initiate
					 compulsory interest arbitration, the Commission will not exercise that
					 authority until an award has been issued and will do so only if necessary to
					 resolve an appeal of an interest arbitration award.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 16 - NEGOTIATIONS, IMPASSE PROCEDURES, AND COMPULSORY INTEREST ARBITRATION OF LABOR DISPUTES IN PUBLIC FIRE AND POLICE DEPARTMENTS › Subchapter 6 - DETERMINATION OF DISPUTES OVER ISSUE DEFINITION › Section 19:16-6.2 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 16 - NEGOTIATIONS, IMPASSE PROCEDURES, AND COMPULSORY INTEREST ARBITRATION OF LABOR DISPUTES IN PUBLIC FIRE AND POLICE DEPARTMENTS › Subchapter 7 - FAILURE TO SUBMIT A NOTICE OR OTHER DOCUMENT › Section 19:16-7.1 - Failure to submit a notice or other document

Current through Register Vol. 56, No. 14, July 15, 2024
The failure to submit any notification, petition,
					 statement, or other document as set forth in this chapter shall not provide the
					 basis for any delay in these proceedings, nor shall it otherwise prevent or
					 preclude the resolution of a dispute through compulsory interest arbitration
					 pursuant to this chapter, except as provided by
					 19:16-5.1 2.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 16 - NEGOTIATIONS, IMPASSE PROCEDURES, AND COMPULSORY INTEREST ARBITRATION OF LABOR DISPUTES IN PUBLIC FIRE AND POLICE DEPARTMENTS › Subchapter 8 - APPEALS › Section 19:16-8.1 - Appeals and cross-appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 14
				  calendar days, or within such other period of time that may be set by
N.J.S.A.
				  34:13A-14
et seq., after receiving
				  an award forwarded by the Director of Conciliation and Arbitration, an
				  aggrieved party may file an original and nine copies of an appeal brief with
				  the Commission, together with the $ 200.00 fee required under
N.J.A.C.
				  19:16-5.13
. Any cross-appeal must
				  also be filed within this same 14-day period and comply with the fee, briefing,
				  and service requirements of this section.
1.
				  The brief shall specify each alleged failure of the arbitrator to apply the
				  criteria specified in
N.J.S.A.
				  34:13A-16
.g and each alleged
				  violation of the standards set forth in
N.J.S.A.
				  2A:24-8
or
2A:24-9
.
2. The
				  appellant shall simultaneously file an original and nine copies of an appendix
				  containing those parts of the record the appellant considers necessary to the
				  proper consideration of the issues, including such parts as the appellant
				  should reasonably assume will be relied upon by the respondent in meeting the
				  issues raised.
3. If a stenographic
				  record of the hearing was prepared, the appellant shall certify to its
				  existence and provide a copy of the transcript to the Commission upon
				  receipt.
4. Filings shall be
				  accompanied by proof of service of a copy to the other party.
5. The appellant shall also file a copy of
				  the brief on the arbitrator.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 16 - NEGOTIATIONS, IMPASSE PROCEDURES, AND COMPULSORY INTEREST ARBITRATION OF LABOR DISPUTES IN PUBLIC FIRE AND POLICE DEPARTMENTS › Subchapter 8 - APPEALS › Section 19:16-8.2 - Oral argument

Current through Register Vol. 56, No. 14, July 15, 2024
Any request for oral argument before the Commission shall
					 be in writing on a separate piece of paper and shall be filed simultaneously
					 with the appeal or cross-appeal, together with proof of service of a copy on
					 the other party. The Commission shall notify the parties if the request for
					 oral argument is granted and of the time and place of any oral argument.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 16 - NEGOTIATIONS, IMPASSE PROCEDURES, AND COMPULSORY INTEREST ARBITRATION OF LABOR DISPUTES IN PUBLIC FIRE AND POLICE DEPARTMENTS › Subchapter 8 - APPEALS › Section 19:16-8.3 - Action by the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission may affirm, modify, correct, or vacate the
					 award or may, at its discretion, remand the award to the same arbitrator or to
					 another arbitrator selected at random by computer.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 17 - PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD › Subchapter 1 - DESCRIPTION OF ORGANIZATION › Section 19:17-1.1 - Description of the Appeal Board

Current through Register Vol. 56, No. 14, July 15, 2024
The Public Employment Relations Commission Appeal Board
					 (the "Appeal Board") is the board established by
					 34:13A-5.6 to consider petitions
					 of appeal of public employees, who are not members of the employee organization
					 which represents the employees' collective negotiations unit, concerning the
					 amount of the representation fee in lieu of dues paid by the nonmember
					 employees.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 17 - PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD › Subchapter 1 - DESCRIPTION OF ORGANIZATION › Section 19:17-1.2 - Staff of the Appeal Board

Current through Register Vol. 56, No. 14, July 15, 2024
The staff of the Appeal Board shall consist of the
					 personnel of the Division of Public Employment Relations (34:13A-5.1 ), and the Appeal Board
					 may utilize the services of the personnel of the Division of Public Employment
					 Relations as well as the offices and equipment of the said Division, to process
					 those matters which come before it and to otherwise perform its functions
					 pursuant to
					 34:13A-5.6.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 17 - PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD › Subchapter 1 - DESCRIPTION OF ORGANIZATION › Section 19:17-1.3 - Delegation of authority to staff of the Division of Public Employment Relations, officers of the Appeal Board

Current through Register Vol. 56, No. 14, July 15, 2024
When the personnel of the Division of Public Employment
					 Relations are carrying out functions on behalf of the Appeal Board, it shall be
					 understood that such personnel are acting as officers of the Appeal Board and
					 that the Appeal Board has delegated all the powers necessary to permit the
					 discharge of the duty or duties delegated.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 17 - PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD › Subchapter 2 - PROCEDURES › Section 19:17-2.1 - Rules to be read in conjunction with the rules of the Office of Administrative Law

Current through Register Vol. 56, No. 14, July 15, 2024
These rules are to be read in conjunction with the Uniform
					 Administrative Procedure Rules of Practice (UAPRP), N.J.A.C. 1:1-1, and the
					 rules of special applicability for hearings initiated in contested cases before
					 the Public Employment Relations Commission Appeal Board, N.J.A.C. 1:20.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 17 - PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD › Subchapter 3 - AMOUNT OF REPRESENTATION FEE IN LIEU OF DUES › Section 19:17-3.1 - Designation of fiscal year

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				  majority representative which collects a representation fee in lieu of dues
				  shall establish a fiscal year system of accounting for the expenditures of such
				  organization.
(b) The fiscal year
				  may be the calendar year or any other 12 month period.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 17 - PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD › Subchapter 3 - AMOUNT OF REPRESENTATION FEE IN LIEU OF DUES › Section 19:17-3.2 - Designation of dues year

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				  majority representative which collects a representation fee in lieu of dues
				  shall establish a dues year.
(b)
				  The dues year may be the calendar year or any other 12 month period, except
				  that the dues year may not commence prior to the start of the fiscal year.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 17 - PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD › Subchapter 3 - AMOUNT OF REPRESENTATION FEE IN LIEU OF DUES › Section 19:17-3.3 - Annual notice to nonmembers; copy of demand and return system to public employer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				  commencement of payroll deductions of the representation fee in lieu of dues
				  for any dues year, the majority representative shall provide all persons
				  subject to the fee with a notice adequately explaining the basis of the fee,
				  which shall include:
1. A statement, verified
				  by an independent auditor or by some other suitable method, of the expenditures
				  of the majority representative for its fiscal year ending within 12 months
				  prior to the date the notice required by this section is served on all persons
				  subject to the fee. The statement shall set forth the major categories of
				  expenditures and shall also identify expenditures of the majority
				  representative and its affiliates which are in aid of activities or causes of a
				  partisan political or ideological nature only incidentally related to the terms
				  and conditions of employment or applied toward the cost of benefits only
				  available to members of the majority representative.
2. A copy of the demand and return system
				  established by the majority representative pursuant to
				  34:13A-5.6, including instructions
				  to persons paying the representation fee in lieu of dues as to how to request
				  review of the amount assessed as a representation fee in lieu of
				  dues.
3. The name and address of
				  the financial institution where the majority representative maintains an
				  account in which to escrow portions of representation fees in lieu of dues
				  which are reasonably in dispute. The interest rate of the account in effect on
				  the date the notice required by (a) above is issued shall also be
				  disclosed.
4. The amount of the
				  annual representation fee in lieu of dues, or an explanation of the formula by
				  which the representation fee is set, and the schedule by which the fee will be
				  deducted from pay.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 17 - PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD › Subchapter 3 - AMOUNT OF REPRESENTATION FEE IN LIEU OF DUES › Section 19:17-3.4 - Amount of representation fee in lieu of dues; annual adjustment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The maximum
				  representation fee in lieu of dues assessed nonmembers in any dues year shall
				  be the lower of:
1. Eighty-five percent of the
				  regular membership dues, fees and assessments charged by the majority
				  representative to its own members.
2. Regular membership dues, fees and
				  assessments, charged by the majority representative to its own members, reduced
				  by the percentage amount spent during the most recently completed fiscal year
				  by the majority representative and any affiliate of the majority representative
				  which receives any portion of the representation fees in lieu of dues paid or
				  payable to the majority representative on benefits available to or benefitting
				  only its members and in aid of activities or causes of a partisan political or
				  ideological nature only incidentally related to the terms and conditions of
				  employment. The amount shall be based upon the figures contained in the
				  statement provided nonmembers prior to the start of the dues year in accordance
				  with 19:17-3.3(a)1.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 17 - PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD › Subchapter 4 - REVIEW OF REPRESENTATION FEE IN LIEU OF DUES › Section 19:17-4.1 - Period for filing of requests for review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				  nonmember shall be afforded a period of at least 30 days after the majority
				  representative has provided the information described in
				  19:17-3.3(a) 
				  within which to file a request for review of the amounts assessed by the
				  majority representative as the nonmember's representation fee in lieu of
				  dues.
(b) Any request for review of
				  a representation fee in lieu of dues, filed within the time period set by the
				  majority representative in accordance with (a) above, will be deemed effective
				  to entitle the employee to a return of any portion of the employee's
				  representation fee in lieu of dues which is determined to be non-chargeable to
				  the employee.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 17 - PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD › Subchapter 4 - REVIEW OF REPRESENTATION FEE IN LIEU OF DUES › Section 19:17-4.2 - Fees of nonmembers filing requests for review; escrow of amounts reasonably in dispute

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to
				  receiving representation fees in lieu of dues in any dues year, the majority
				  representative shall open an interest-bearing escrow account in any financial
				  institution in which to place all or part of representation fees in lieu of
				  dues to be collected from nonmembers who have filed timely requests for review
				  pursuant to
				  19:17-4.1.
(b) The majority representative shall place
				  in escrow any amount which is reasonably in dispute.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 17 - PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD › Subchapter 4 - REVIEW OF REPRESENTATION FEE IN LIEU OF DUES › Section 19:17-4.3 - Time for completion of demand and return system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Proceedings
				  in the demand and return system established by the majority representative
				  pursuant to
				  34:13A-5.6 shall be completed
				  within 60 days after the commencement of payroll deductions of representation
				  fees in lieu of dues for the current dues year.
(b) After 60 days from the commencement of
				  payroll deductions of representation fees in lieu of dues for the current dues
				  year, or the completion of demand and return system proceedings, whichever date
				  is earlier, any nonmember who has a pending request for review shall be deemed
				  to have exhausted demand and return system proceedings pursuant to N.J.A.C.
				  1:20-4.1 and
				  19:17-4.5 and may file a petition
				  of appeal with the Appeal Board in accordance with
				  1:20-6.1.
(c) Any majority representative which has
				  commenced, but has not completed, demand and return system proceedings within
				  the time set forth in (a) above shall continue such proceedings to completion,
				  notwithstanding the filing of petitions with the Appeal Board by nonmembers who
				  have requests for review pending with the majority representative, unless all
				  pending requests have been withdrawn or presented to the Appeal
				  Board.
(d) This section shall also
				  apply to demand and return system proceedings conducted by any affiliate of the
				  majority representative which receives any portion of the representation fees
				  in lieu of dues paid or payable to the majority representative.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 17 - PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD › Subchapter 4 - REVIEW OF REPRESENTATION FEE IN LIEU OF DUES › Section 19:17-4.4 - Results of demand and return system, payment of interest on amounts returned

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On
				  completion of demand and return system proceedings, a written decision shall be
				  served on each nonmember whose request for review of the fee is involved in
				  such proceeding.
(b) If the demand
				  and return system proceedings results in a determination that the amount
				  charged to the nonmember was in excess of the amount allowed by statute, such
				  excess amount shall accompany the written decision.
(c) If the amount returned is equal to or
				  less than the portion of the nonmember's representation fee held in the
				  majority representative's escrow account, then the actual interest earned on
				  the amount returned shall be paid to the nonmember.
(d) If the amount returned is greater than
				  the portion of the nonmember's representation fee held in the majority
				  representative's escrow account, then the nonmember will receive interest
				  payable at the judgment rate for the entire amount of the rebate. (See N.J.
				  Court Rules, R. 4:42-11.)
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 17 - PUBLIC EMPLOYMENT RELATIONS COMMISSION APPEAL BOARD › Subchapter 4 - REVIEW OF REPRESENTATION FEE IN LIEU OF DUES › Section 19:17-4.5 - Time for filing petitions with Appeal Board

Current through Register Vol. 56, No. 14, July 15, 2024
A petition of appeal seeking review by the Appeal Board of
					 a representation fee in lieu of dues charged by a majority representative
					 pursuant to
					 34:13A-5.5 shall be filed within
					 six months after payroll deductions to collect the petitioner's fee have
					 commenced.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 1 - NATURE OF PROCEEDINGS › Section 19:18-1.1 - Nature of proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
34:13A-22 et seq. ( P.L. 1989,
					 c.269, effective January 4, 1990) provides that no employer, as defined in
					 34:13A-22, shall transfer an
					 employee between worksites for disciplinary reasons. It further provides that
					 the Commission shall determine whether the basis for a transfer between
					 worksites is predominately disciplinary. The procedures in this chapter are
					 intended to avoid protracted administrative litigation. Contested transfer
					 proceedings will normally lend themselves to expeditious disposition on the
					 basis of the parties' submissions, which these procedures are intended to
					 accommodate.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 2 - INITIATION OF PROCEEDINGS › Section 19:18-2.1 - Who may file

Current through Register Vol. 56, No. 14, July 15, 2024
Any employee, as defined in
					 34:13A-22, or the employee's
					 majority representative may initiate a contested transfer proceeding by filing
					 with the Commission, an original and nine copies of a petition for contested
					 transfer determination together with proof of service of a copy of the petition
					 on the employer. A copy of each 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 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 2 - INITIATION OF PROCEEDINGS › Section 19:18-2.2 - Contents of petition for contested transfer determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A petition
				  n1 shall be in writing and the party or representative filing the petition
				  shall make this dated and signed certification: "I declare that I have read the
				  above petition and that the statements are true to the best of my knowledge and
				  belief."
n1 Petition forms will be supplied upon request. Address
					 such requests to: Public Employment Relations Commission, 495 West State
					 Street, PO Box 429, Trenton, New Jersey 08625-0429. Forms may also be
					 downloaded from the Commission's website:
www.state.nj.us/perc
.
(b) Such petition shall contain
				  the following:
1. The full name, address and
				  telephone number of the petitioner;
2. The full name, address and telephone
				  number of the affected employee if the petitioner is an employee
				  organization;
3. The full name,
				  address and telephone number of the employer who has notified the employee of a
				  transfer;
4. The date the employee
				  was notified of the transfer;
5.
				  The name and address of:
i. The employee's
				  work site before the transfer; and
ii. The employee's work site after the
				  transfer.
6. A statement
				  of the specific factual allegations supporting the contention that the basis
				  for the transfer between worksites is predominately disciplinary;
7. All documents and affidavits supporting
				  the petition's factual allegations; and
8. A list of any other actions before the
				  Commission or any other administrative agency, arbitrator or court, which the
				  petitioner knows about and which involve the same or similar issues.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 2 - INITIATION OF PROCEEDINGS › Section 19:18-2.3 - Timeliness of petitions

Current through Register Vol. 56, No. 14, July 15, 2024
The petitioner shall file a petition no later than the
					 90th day from the date of receipt of a notice of transfer.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.1 - 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, 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 Chair or such other Commission designee, in his or her discretion,
					 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 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.2 - Informal conference

Current through Register Vol. 56, No. 14, July 15, 2024
A Commission staff agent may hold a conference to clarify
					 the issues in dispute, explore the possibility of settlement, or take
					 stipulations of fact.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.3 - Amendment; withdrawal; dismissal; consolidation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Chair or such other Commission designee may permit the petitioner to amend the
				  petition at any time upon such terms as may be deemed just. Filing, service,
				  and proof of service of such amended petition shall conform to the provisions
				  of this chapter relating to the original petition for contested transfer
				  determination.
(b) A petition for
				  contested transfer determination shall be dismissed and the case closed if the
				  petitioner files a notice of withdrawal at any time before service of the
				  respondent's answer. After service of the answer, a petition may be withdrawn
				  only with the consent of the Chair or such other Commission designee. Unless
				  otherwise stated in the notice of withdrawal, the dismissal is without
				  prejudice.
(c) The Chair or such
				  other Commission designee, in his or her discretion, may dismiss the petition
				  on the grounds of lack of jurisdiction, insufficient cause for determination,
				  failure to prosecute, or other good reason.
(d) The Chair or such other Commission
				  designee, in his or her discretion, may consolidate any separate proceedings,
				  or sever any consolidated proceedings, whenever necessary to avoid unnecessary
				  costs or delay or to effectuate the purposes of the Act.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.4 - Answer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 20
				  days from the service of the petition, the respondent shall file an
				  answer.
(b) The answer shall
				  specifically admit, deny or explain each of the allegations set forth in the
				  petition, unless the respondent is without knowledge, in which case the
				  respondent shall so state, such statement operating as a denial.
(c) All allegations in the petition, if no
				  answer is filed, or any allegation not specifically denied or explained, unless
				  the respondent shall state that it is without knowledge, shall be deemed to be
				  admitted to be true and shall be so found by the Commission, unless good cause
				  to the contrary is shown.
(d) The
				  answer shall include a specific factual rebuttal to the petition, accompanied
				  by all supporting documents and affidavits.
(e) The answer shall also include a statement
				  of facts constituting any affirmative defense.
(f) The answer shall be in writing and the
				  party or representative filing the answer shall make this dated and signed
				  certification: "I declare that I have read the above statements and that the
				  statements are true to the best of my knowledge and belief."
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.5 - Where to file; number of copies; service

Current through Register Vol. 56, No. 14, July 15, 2024
An original and nine copies of the answer shall be filed
					 with the Commission together with proof of service of a copy of the answer on
					 the petitioner and any intervenor.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.6 - Amendment

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission Chair or such other Commission designee may
					 permit the respondent to amend its answer at any time upon such terms as may be
					 deemed just.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.7 - Reply

Current through Register Vol. 56, No. 14, July 15, 2024
Within five days of receipt of the answer, the petitioner
					 may file an original and nine copies of a reply and any supporting documents
					 and affidavits together with proof of service of a copy of the reply on the
					 respondent and any intervenor. No further replies shall be permitted without
					 permission of the Chair or such other Commission designee.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.8 - Request for evidentiary hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party
				  desiring an evidentiary hearing shall file with the Commission an original and
				  nine copies of a request therefor, together with proof of service of a copy of
				  the request on the other party. The petitioner shall file such a request no
				  later than five days from receipt of the respondent's answer. The respondent
				  shall file such a request no later than five days from the date a reply is due.
				  Failure to file a timely request for an evidentiary hearing shall constitute a
				  waiver of any claim to such hearing. Any such request shall set forth in detail
				  the specific factual issues which the requesting party contends necessitate an
				  evidentiary hearing and shall explain why these issues are substantial and
				  material. Factual allegations not raised shall be deemed to be undisputed for
				  purposes of determining whether there shall be an evidentiary
				  hearing.
(b) Within five days of
				  receipt of a request for a hearing, the other party shall file with the
				  Commission an original and nine copies of a written response, together with
				  proof of service of a copy of the response on the requesting party. The
				  response shall specifically reply to each factual issue alleged to be in
				  dispute by the requesting party and shall also state what, if any, additional
				  factual issues not raised by the requesting party are alleged to be in dispute.
				  Any factual issue not specifically responded to or raised in the response shall
				  be deemed to be undisputed for purposes of determining whether there shall be
				  an evidentiary hearing.
(c) The
				  request for an evidentiary hearing and the response, together with the
				  petition, the answer and any reply, shall constitute the pleadings for the
				  evidentiary hearing.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.9 - Briefs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the absence of a hearing, the Chair or
				  such other Commission designee shall notify each party that it has 14 days from
				  the date of notification to file an original and nine copies of a supporting
				  brief, with proof of service of a copy of such brief on the other
				  party.
(b) Within seven days after
				  receipt of the initial brief, each party may file with the Commission an
				  original and nine copies of a reply brief, together with proof of service of a
				  copy of such brief, on the other party. No other briefs shall be served or
				  filed without leave of the Chair or such other Commission designee.
(c) The Chair or such other Commission
				  designee, in his or her discretion, 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.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.10 - Evidentiary hearings; motions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, following
				  receipt of a timely request for an evidentiary hearing and a response pursuant
				  to N.J.A.C. 19:18-3.8, or after
				  determination without a request, it appears to the Chair or such other
				  Commission designee that there are substantial and material disputed factual
				  issues, a notice of hearing shall be issued setting forth the time and place
				  for the evidentiary hearing. The Chair or such other Commission designee shall
				  appoint a hearing examiner to conduct such hearing.
(b) Any motions filed pursuant to this
				  subchapter shall be governed by the provisions of
				  19:14-4.1 through
				  19:14-4.8 on unfair practice
				  proceedings, insofar as applicable.
(c) Any evidentiary hearing conducted
				  pursuant to this subchapter shall be governed by the provisions of
				  19:14-6.1 through
				  19:14-6.1 3 on unfair practice
				  proceedings, insofar as applicable.
(d) After the evidentiary hearing, or upon
				  the parties' consent before the conclusion of the evidentiary hearing, the
				  hearing examiner shall prepare a report and recommended decision which shall
				  contain findings of fact, conclusions of law, and recommendations as to the
				  disposition of the case. The hearing examiner shall file the original with the
				  Commission, and shall serve a copy on the parties. Upon service on the parties,
				  which shall be complete upon mailing, the case shall be deemed transferred to
				  the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.11 - Record before the Commission; exceptions; cross-exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
The record before the Commission after a hearing shall
					 consist of the petition for contested transfer determination, the answer and
					 any replies, the request for evidentiary hearing and any replies, the notice of
					 hearing, any official transcript of the evidentiary hearing, stipulations,
					 exhibits, documentary evidence, and depositions, together with the hearing
					 examiner's report and any exceptions, cross-exceptions, briefs, and answering
					 briefs, which shall be governed by the provisions of
					 19:14-7.3 (Exceptions;
					 cross-exceptions; briefs; answering briefs).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.12 - Oral argument

Current through Register Vol. 56, No. 14, July 15, 2024
Proceedings under this chapter shall be submitted for the
					 Commission's consideration without argument unless ordered by the Chair or such
					 other Commission designee. Requests for oral argument shall be filed by any
					 party along with its initial brief, or where a hearing has been conducted,
					 along with its exceptions or cross-exceptions. Such request shall be made by a
					 separate paper, an original and two copies of which shall be filed with the
					 Commission, together with proof of service of a copy of such request on the
					 other party. The Chair or such other Commission designee shall notify the
					 parties of the assigned argument date, if permission to argue orally is
					 granted. The Commission may terminate any argument permitted at any time it
					 deems the issues adequately argued.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.13 - Final determination; decisions in the absence of exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
Based on the parties' submissions and any oral argument, or
					 where an evidentiary hearing has been conducted, based on the record in the
					 case as set forth in
					 N.J.A.C.
					 19:18-3.11 and any oral argument, the
					 Commission or its designee shall issue and serve on the parties its findings of
					 fact and conclusions of law, including its determination as to whether the
					 basis of the disputed transfer was predominantly disciplinary, and may take
					 reasonable action to effectuate the purposes of the Act. If no exceptions are
					 filed, the recommended decision shall become a final decision unless the Chair
					 or such other Commission designee notifies the parties within 45 days after
					 receipt of the recommended decision that the Commission will consider the
					 matter further.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.14 - Motion for reconsideration

Current through Register Vol. 56, No. 14, July 15, 2024
After the decision of the Commission or its designee, a
					 motion for reconsideration may be filed in accordance with the provisions of
					 19:14-8.4 (Motion for
					 reconsideration).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 18 - CONTESTED TRANSFER DETERMINATIONS › Subchapter 3 - PROCEDURE › Section 19:18-3.15 - Interim relief

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the filing of a petition, the petitioner may apply to
					 the Commission for an order requesting the respondent to show cause why
					 specified interim relief should not be granted pending the disposition of the
					 proceeding. Such a request shall be governed by the provisions of
					 19:14-9.1 through 9.5 on unfair
					 practice proceedings, insofar as applicable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 19 - PAYROLL DEDUCTION DETERMINATIONS--REPRESENTATION FEES › Subchapter 1 - NATURE OF PROCEEDINGS › Section 19:19-1.1 - Nature of proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
										34:13A-5.5 requires negotiations
				  over the subject of requiring employees in a negotiations unit who are not
				  members of their majority representative to pay a representation fee in lieu of
				  dues to their majority representative. As amended by
				  P.L.
				  2002, c. 46, effective
				  August 1, 2002, that section permits the majority representative to petition
				  the Commission to conduct an investigation if no agreement for representation
				  fees in lieu of dues by payroll deduction is reached during negotiations. If
				  the Commission determines that a majority of the negotiations unit employees
				  are voluntary dues paying members of the majority representative and that the
				  majority representative maintains a demand and return system as required by
				  34:13A-5.5(c) 
				  and 5.6, the Commission shall order the public employer to institute a payroll
				  deduction of the representation fee in lieu of dues from the wages or salaries
				  of the negotiations unit employees who are not members of the majority
				  representative.
(b) These
				  procedures are intended to avoid protracted administrative litigation.
				  Proceedings seeking payroll deductions of representation fees will normally
				  lend themselves to expeditious disposition on the basis of the parties'
				  submissions, which these procedures are intended to accommodate.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 19 - PAYROLL DEDUCTION DETERMINATIONS--REPRESENTATION FEES › Subchapter 2 - INITIATION OF PROCEEDINGS › Section 19:19-2.1 - Who may file

Current through Register Vol. 56, No. 14, July 15, 2024
Only the majority representative may petition for a
					 payroll deduction determination. The majority representative must file an
					 original and four copies of a petition for payroll deduction determination,
					 together with a proof of service of a copy of the petition on the employer. A
					 copy of each petition shall be retained in a public docket until the case is
					 closed.