reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 9 - INTERIM RELIEF › Section 19:14-9.3 - Briefs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By no later
				  than five days before the return date of an order to show cause, unless
				  otherwise ordered by the Commission Chair or the designee, the charging party
				  or petitioner shall file an original and two copies of its brief together with
				  proof of service of a copy on all other parties. The brief shall explain
				  clearly the nature of the proceeding, the interim relief sought, and why such
				  relief should be ordered under the applicable legal standards.
(b) By no later than two days before the
				  return date, unless otherwise ordered by the Commission Chair or the designee,
				  the respondent shall file an original and two copies of its answering brief and
				  any opposing affidavits or verified pleadings, together with proof of service
				  of a copy on all other parties. The answering brief shall set forth the grounds
				  of opposition, together with copies of any papers relied on which are not in
				  the charging party's or petitioner's submissions. If no answering brief is
				  filed, the application may be considered to be unopposed, provided, however,
				  that an unopposed application must still satisfy the standards for granting
				  interim relief.
(c) No further
				  briefs shall be filed without leave of the Commission Chair or the designee. A
				  request for leave shall be in writing, accompanied by proof of service of a
				  copy on all other parties.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 9 - INTERIM RELIEF › Section 19:14-9.4 - Hearing or telephone conference on return date

Current through Register Vol. 56, No. 14, July 15, 2024
On the return date of the order to show cause or a
					 respondent's motion to dissolve or modify any temporary restraints, the
					 application shall be considered by means of a hearing or a telephone conference
					 call before the Commission Chair or the designee with all parties and their
					 representatives having the right to appear. The parties shall have the right to
					 argue orally and the hearer may permit testimony.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 9 - INTERIM RELIEF › Section 19:14-9.5 - Decision; enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An interim
				  relief decision granting relief in proceedings under this subchapter shall be
				  in writing and shall include findings of fact and conclusions of law. Any order
				  granting interim relief and any restraining order shall set forth the reasons
				  for its issuance; shall be specific in terms; shall describe in reasonable
				  detail the act or acts sought to be restrained; and shall apply to only such
				  parties and such of their officers, agents, employees, and attorneys, and such
				  persons in active concert or participation with them, as receive actual notice
				  of the order by service in the manner prescribed by
				  19:10-2.3. A decision issued
				  pursuant to this subsection may be preceded by an order, issued at the end of
				  the proceedings on the return date, containing a brief statement of reasons for
				  granting the application.
(b) An
				  interim relief decision dismissing an application may be made by:
1. An order of dismissal in cases covered by
				  19:14-9.2(c);
2. An order, issued at the end of the
				  proceedings on the return date, containing a brief statement of reasons for
				  denying the application; or
3. A
				  written decision including findings of fact and conclusions of law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 10 - COMPLIANCE AND ENFORCEMENT › Section 19:14-10.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall be applicable to
					 orders issued by the Commission or persons designated to act for the Commission
					 in unfair practice proceedings pursuant to
					 34:13A-5.4(c) and
					 (f) and this chapter, and in scope of
					 negotiations proceedings pursuant to
					 34:13A-5.4(d) and
					 (f) and N.J.A.C. 19:13.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 10 - COMPLIANCE AND ENFORCEMENT › Section 19:14-10.2 - Procedures for compliance and enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chair or
				  the Commission's designee shall have the authority and discretion to take
				  reasonable action to ascertain if compliance with the Commission's order has
				  been or is being achieved. Such action may include, but shall not be limited
				  to, soliciting information from the party to whom the order is directed or any
				  other party, convening a conference among one or more of the parties to the
				  proceeding; conducting an investigation and/or a hearing; or taking such other
				  action reasonably designed to determine if compliance with the Commission's
				  order has occurred.
(b) The
				  Commission may at any time in the exercise of its discretion institute
				  proceedings for enforcement of its order pursuant to court rules. The
				  Commission may institute such proceedings without regard to the provisions of
				  (a) above.
(c) Filing a notice of
				  appeal with the Appellate Division of the Superior Court from a decision and
				  order of the Commission, or some other action designed to seek a review of the
				  Commission's decision and order, shall not relieve the party to whom the order
				  is directed from compliance with its requirements unless so ordered by the
				  Commission or the reviewing court.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14 - UNFAIR PRACTICE PROCEEDINGS › Subchapter 10 - COMPLIANCE AND ENFORCEMENT › Section 19:14-10.3 - Request for compliance and enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party to
				  the proceeding which resulted in the order for which compliance is sought may
				  request that the Commission seek compliance with and enforcement of any
				  Commission order.
(b) Such a
				  request shall normally take the form of a motion addressed to the Chair and
				  shall be accompanied by affidavits, as appropriate, setting forth the facts
				  regarding the noncompliance of the party to whom the order was directed. An
				  original and two copies of such request shall be filed with the Chairman,
				  together with proof of service of a copy on all other parties.
(c) Within five days of service on it of the
				  request for action to ascertain compliance and enforcement, the party to whom
				  the order is directed may respond to the request. Such response may include
				  affidavits or other submissions. An original and two copies of the response and
				  supporting submissions shall be filed with the Chair, together with proof of
				  service of copies of such documents on all other parties.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 14A - RESERVED

Current through Register Vol. 56, No. 14, July 15, 2024
AUTHORITY:
Unless otherwise expressly noted, all provisions of this
				  chapter were adopted pursuant to authority of
				  N.J.S.A.
				  34:13A-11 and were filed and became effective
				  prior to September 1, 1969. Revisions to this chapter were filed and became
				  effective on January 20, 1975, as R.1975 d.10. See: 7 New Jersey Register
				  78(a). Subsequent revisions which deleted the text of this chapter in its
				  entirety where filed and became effective on August 2, 1977, as R.1977 d.272.
				  See: 9 New Jersey Register 298(a), 9 New Jersey Register
				  448(a).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 15 - SUBPOENAS › Subchapter 1 - GENERAL PROVISIONS › Section 19:15-1.1 - Issuance of subpoena

Current through Register Vol. 56, No. 14, July 15, 2024
The commission or any designated officer thereof may issue
					 subpoenas to require the attendance of witnesses in the State and the
					 production of books, papers, and other materials at a proceeding held under the
					 provisions of these rules.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 15 - SUBPOENAS › Subchapter 1 - GENERAL PROVISIONS › Section 19:15-1.2 - Application for subpoena

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A party may
				  file a written application for subpoena with the commission or any designated
				  officer thereof.
(b) The
				  application for subpoena need not name the witness or the books, papers, and
				  other materials sought.
(c) Notice
				  of an application for subpoena need not be communicated to the
				  parties.
(d) The commission or any
				  designated officer shall furnish all subpoenas requested.
(e) The party requesting the subpoena shall
				  be responsible for service in accordance with the provisions of
				  19:10-2.3 (Service of pleading and
				  other process; proof of service).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 15 - SUBPOENAS › Subchapter 1 - GENERAL PROVISIONS › Section 19:15-1.3 - Failure to comply with subpoena

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person
				  served with a subpoena issued in accordance with this provision of this chapter
				  shall refuse or neglect to appear or testify or to produce books, papers, and
				  other materials relevant to such investigation, inquiry or hearings as
				  commanded in such subpoena without the timely filing of a petition to quash a
				  subpoena, with the commission or designated officer.
(b) Failure to comply with, or neglect of a
				  subpoena issued by the commission or an officer thereof pursuant to
				  19:15-1.1 (Issuance of subpoena)
				  may be certified by the commission to a court of competent jurisdiction for an
				  order of compliance. An application to enforce the subpoena may be made by the
				  Commission or the party that has requested the subpoena, in accordance with
				  court rules.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 15 - SUBPOENAS › Subchapter 1 - GENERAL PROVISIONS › Section 19:15-1.4 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The fees for
				  witnesses for attendance and travel shall be paid from appropriations made to
				  the Division of Public Employment Relations to those witnesses subpoenaed by
				  the commission or any officer thereof.
(b) The fees for witnesses for attendance and
				  travel shall be paid by the party requesting the subpoena.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 15 - SUBPOENAS › Subchapter 2 - PETITION TO QUASH › Section 19:15-2.1 - Petition to quash

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A petition
				  to quash a subpoena may be filed with the commission or designated officer not
				  later than five days from the date of service of the subpoena.
(b) The commission or designated officer
				  shall give notice of the filing of a petition to quash to the applicant for
				  subpoena. Any party may file a response within five days after receiving notice
				  of the petition to quash. Neither the petitioner nor any other party shall file
				  any further reply or response without leave of the Commission or the designated
				  officer.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 15 - SUBPOENAS › Subchapter 2 - PETITION TO QUASH › Section 19:15-2.2 - Ruling on petition to quash

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  commission or designated officer may quash a subpoena on the ground that the
				  subpoena does not reasonably relate to any matter under investigation, inquiry
				  or hearing, or the subpoena does not describe with sufficient particularity the
				  evidence sought, or that the evidence sought from the witness is privileged
				  under the law or these rules.
(b)
				  The commission or designated officer shall make a statement as to the basis for
				  the ruling.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 15 - SUBPOENAS › Subchapter 2 - PETITION TO QUASH › Section 19:15-2.3 - Timeliness of petition to quash

Current through Register Vol. 56, No. 14, July 15, 2024
A failure to file a timely petition to quash shall bar the
					 filing of a subsequent petition to quash a subpoena.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 15 - SUBPOENAS › Subchapter 2 - PETITION TO QUASH › Section 19:15-2.4 - Inclusion in the record

Current through Register Vol. 56, No. 14, July 15, 2024
An aggrieved party may request that the petition to quash
					 a subpoena, the answer thereto and the commission's or designated officer's
					 statement of the basis for the ruling, as the case may be, be made a part of
					 the record.
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 1 - PURPOSE OF PROCEDURES › Section 19:16-1.1 - Purpose of procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules of
				  this chapter provide for implementation of the Police and Fire Public Interest
				  Arbitration Reform Act, P.L.
				  1995, c. 425, as amended by
				  P.L.
				  2010, c. 105, and
				  P.L.
				  2014, c. 11, and
				  codified at
N.J.S.A.
				  34:13A-14
et seq., providing for
				  compulsory interest arbitration of labor disputes in public fire and police
				  departments.
(b) The Commission
				  shall adopt such rules as may be required to regulate the time of commencement
				  of negotiations and of the institution and termination of impasse procedures,
				  at the request of the parties, or on its own motion, and to adhere to the time
				  limits established in
				  34:13A-16, as amended.
(c) Impasse procedures that may be invoked
				  include mediation, fact-finding, and binding conventional interest arbitration,
				  as set forth in N.J.S.A. 34:13A-16d.
(d) Accordingly, the provisions of this
				  chapter establish a mandatory time period for the commencement of negotiations
				  and for institution of impasse procedures, including compulsory interest
				  arbitration of unresolved impasses and appeals of arbitration awards.
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 2 - COMMENCEMENT OF NEGOTIATIONS › Section 19:16-2.1 - Commencement of negotiations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parties
				  shall commence negotiations for a new or successor agreement, or in the case of
				  an agreed reopener provision, shall commence negotiations pursuant to such
				  reopener provision, at least 120 days prior to the day on which their
				  collective negotiations agreement is to expire. The following provisions shall
				  not preclude the parties from agreeing to the automatic renewal of a collective
				  negotiations agreement unless either party shall have notified the other party
				  of its intention to terminate or modify the agreement.
1. The parties shall meet at least three
				  times during that 120-day period. The first of those three meetings shall take
				  place no later than the 90th day prior to the day on which their collective
				  negotiations agreement is to expire.
2. By mutual consent, the parties may agree
				  to extend the period during which the second and third meetings are required to
				  take place beyond the date on which their collective negotiations agreement is
				  to expire.
3. A violation of these
				  requirements shall constitute an unfair practice and the violator shall be
				  subject to penalties prescribed by law and by the Commission pursuant to rule
				  and regulation.
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 3 - MEDIATION › Section 19:16-3.1 - Initiation of mediation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				  that a public employer and an exclusive employee representative have failed to
				  achieve an agreement through direct negotiations, either the public employer,
				  the employee representative, or the parties jointly, may notify the Director of
				  Conciliation and Arbitration, in writing, of the existence of an impasse and
				  request the appointment of a mediator. An original and four copies of such
				  notification and request shall be filed, and shall be signed and dated and
				  shall contain the following information:
1.
				  The name and address of the public employer that is a party to the collective
				  negotiations; the name, address, telephone number, and title of its
				  representative to be contacted; and the name, address and telephone number of
				  any attorney/consultant representing the public employer;
2. The name and address of the exclusive
				  representative that is a party to the collective negotiations; the name,
				  address, telephone number, and title of its representative to be contacted; and
				  the name, address and telephone number of any attorney/consultant representing
				  the employee representative;
3. A
				  description of the collective negotiations unit, including the approximate
				  number of employees in the unit;
4.
				  The dates and duration of negotiations sessions;
5. The termination date of the current
				  agreement, if any;
6. The public
				  employer's required budget submission date;
7. Whether the request is a joint request;
				  and
8. A detailed statement of the
				  facts giving rise to the request, including all issues in dispute.
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 3 - MEDIATION › Section 19:16-3.2 - Appointment of a mediator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The mediator
				  appointed pursuant to this subchapter may be a member of the Commission, an
				  officer of the Commission, a member of the Commission's mediation panel, or any
				  other appointee, all of whom shall be considered officers of the Commission for
				  the purpose of assisting the parties to effect a voluntary settlement. The
				  parties may jointly request the appointment of a particular mediator, but the
				  Director of Conciliation and Arbitration shall have the authority to appoint a
				  mediator without regard to the parties' joint request. The appointment process
				  begins once the Commission receives a Notice of Impasse requesting the
				  assignment of a mediator and the Commission retains jurisdiction until the
				  docket is closed.
(b) If an
				  appointed mediator cannot proceed pursuant to the appointment, another mediator
				  shall be appointed.
(c) The
				  appointment of a mediator pursuant to this subchapter shall not be reviewable
				  in any other proceeding before the Commission.
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 3 - MEDIATION › Section 19:16-3.3 - Mediator's function

Current through Register Vol. 56, No. 14, July 15, 2024
The function of a mediator shall be to assist the parties
					 to reach a voluntary agreement. A mediator may hold separate or joint
					 conferences as he or she deems expedient to effect a voluntary, amicable and
					 expeditious adjustment and settlement of the differences and issues between the
					 parties.
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 3 - MEDIATION › Section 19:16-3.4 - Mediator's confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
Information disclosed by a party to a mediator in the
					 performance of mediation functions shall not be divulged voluntarily or by
					 compulsion. All files, records, reports, documents or other papers received or
					 prepared by a mediator while serving in such capacity shall be classified as
					 confidential. The mediator shall not produce any confidential records of, or
					 testify in regard to, any mediation conducted by him or her, on behalf of any
					 party in any type of proceeding, under the New Jersey Employer-Employee
					 Relations Act, as amended, including, but not limited to, unfair practice
					 proceedings under N.J.A.C. 19:14.
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 3 - MEDIATION › Section 19:16-3.5 - Mediator's report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The mediator
				  shall submit one or more confidential reports to the Director of Conciliation
				  and Arbitration which shall normally be limited to the following:
1. A statement of the dates and duration of
				  the meetings which have been held and their participants;
2. A brief description of the unresolved
				  issues which existed at the beginning of the mediation effort;
3. A statement of the issues which have been
				  resolved through mediation;
4. A
				  statement of the issues which are still unresolved if any; and
5. A statement setting forth any other
				  relevant information in connection with the mediator's involvement in the
				  performance of his or her functions.
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 4 - FACT-FINDING › Section 19:16-4.1 - Initiation of fact-finding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the parties
				  fail to resolve the impasse through mediation, the public employer, the
				  employee representative, or the parties jointly may request the Director of
				  Conciliation and Arbitration, in writing, to invoke fact-finding and upon
				  receipt of such request, fact-finding with recommendations for settlement shall
				  be invoked. An original and four copies of such request shall be filed with the
				  Director of Conciliation and Arbitration, together with proof of service upon
				  the other party. The request shall be signed and dated and shall contain the
				  following information:
1. The name and
				  address of the public employer that is a party to the collective negotiations;
				  the name, address, telephone number, and title of its representative to be
				  contacted; and the name, address and telephone number of any
				  attorney/consultant representing the public employer;
2. The name and address of the exclusive
				  representative that is a party to the collective negotiations; the name,
				  address, telephone number, and title of its representative to be contacted; and
				  the name, address and telephone number of any attorney/consultant representing
				  the exclusive representative;
3. A
				  description of the collective negotiations unit, including the approximate
				  number of employees in the unit;
4.
				  The name of the mediator;
5. The
				  number and duration of mediation sessions;
6. The date of the last mediation
				  effort;
7. Whether the request is a
				  joint request; and
8. A detailed
				  statement of the facts giving rise to the request, including all issues in
				  dispute.
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 4 - FACT-FINDING › Section 19:16-4.2 - Appointment of a fact-finder

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the
				  invocation of fact-finding pursuant to this subchapter, the Director of
				  Conciliation and Arbitration shall communicate simultaneously to each party an
				  identical list of names of three fact-finders. Each party shall eliminate no
				  more than one name to which it objects, indicate the order of its preference
				  regarding the remaining names, and communicate the foregoing to the Director of
				  Conciliation and Arbitration no later than the close of business on the third
				  working day after the date the list was submitted to the parties. If a party
				  has not responded within the time specified, all names submitted shall be
				  deemed acceptable. The Director of Conciliation and Arbitration shall appoint a
				  fact-finder giving recognition to the parties' preferences. The parties may
				  jointly request the appointment of a particular fact-finder, including the
				  person who was appointed as mediator, if any. Notwithstanding these provisions,
				  the Director of Conciliation and Arbitration shall have the express reserved
				  authority to appoint a fact-finder without the submission of names to the
				  parties whenever he or she deems it necessary to effectuate the purposes of the
				  Act.
(b) The fact-finder appointed
				  pursuant to this subchapter may be a member of the Commission, an officer of
				  the Commission, a member of the Commission's fact-finding panel, or any other
				  appointee, all of whom shall be considered officers of the Commission for the
				  purposes of assisting the parties to effect a voluntary settlement and/or
				  making findings of fact and recommending the terms of settlement. If an
				  appointed fact-finder cannot proceed pursuant to the appointment, another
				  fact-finder shall be appointed. The appointment of a fact-finder pursuant to
				  this subchapter shall not be reviewable by the Commission.
(c) Fact-finding invoked pursuant to this
				  section shall terminate immediately upon the filing of a petition for interest
				  arbitration.
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 4 - FACT-FINDING › Section 19:16-4.3 - Fact-finder's function

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  appointed fact-finder shall, as soon as possible after appointment, meet with
				  the parties or their representatives, make inquiries and investigations, hold
				  hearings, which shall not be public unless all parties agree to have them
				  public, or take other steps deemed appropriate in order to discharge the
				  function of the fact-finder.
(b)
				  For the purpose of such hearings, investigations and inquiries, the fact-finder
				  shall have the authority and power to subpoena witnesses, compel their
				  attendance, administer oaths, take the testimony or deposition of any person
				  under oath, and in connection therewith, to issue subpoenas duces tecum and
				  require the production and examination of any governmental or other books or
				  papers relating to any matter under investigation by or in issue before the
				  fact-finder.
(c) Information
				  disclosed by a party to a fact-finder while functioning in a mediatory capacity
				  shall not be divulged by the fact-finder voluntarily or by compulsion. All
				  files, records, reports, documents or other papers received or prepared by a
				  fact-finder while serving in a mediatory capacity shall be classified as
				  confidential. The fact-finder shall not produce any confidential records of, or
				  testify in regard to, any mediation conducted by him or her, on behalf of any
				  party in any type of proceeding under the New Jersey Employer-Employee
				  Relations Act, as amended, including, but not limited to, unfair practice
				  proceedings under N.J.A.C. 19:14.
(d) If the impasse is not resolved during
				  fact-finding, the fact-finder shall make findings of fact and recommend the
				  terms of settlement as soon after the conclusion of the process as
				  possible.
(e) Any findings of fact
				  and recommended terms of settlement shall be limited to those issues that are
				  within the required scope of negotiations, unless the parties have agreed to
				  submit issues to the fact-finder which involved permissive subjects of
				  negotiations.
(f) Any findings of
				  fact and recommended terms of settlement shall be submitted simultaneously in
				  writing to the parties privately and to the Director of Conciliation and
				  Arbitration.
(g) The parties shall
				  meet within five days after receipt of the fact-finder's findings of fact and
				  recommended terms of settlement, to exchange statements of position and to have
				  an opportunity to reach an agreement.
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 19:16-5.1 - Scope of compulsory interest arbitration

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions in this subchapter relate to notification
					 requirements, compulsory interest arbitration proceedings, and the designation
					 of arbitrators to resolve impasses in collective negotiations involving public
					 employers and exclusive employee representatives of public fire and police
					 departments. The processing of petitions to initiate compulsory interest
					 arbitration, any related filings, the appointment of interest arbitrators, the
					 conduct of interest arbitration hearings, appeals from interest arbitration
					 awards, decisions reviewing awards, and all other matters stemming from
					 interest arbitration proceedings, including schedules and fines relating to the
					 compensation of interest arbitrators, shall adhere to the deadlines and
					 monetary limits established by
					 34:13A-14 et seq., as
					 amended.
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 19:16-5.2 - Initiation of compulsory interest arbitration

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Compulsory interest arbitration may be initiated through appropriate
				  utilization of any of the following:
1. In
				  the event of a continuing impasse following receipt of a fact-finder's findings
				  of fact and recommended terms of settlement, a petition requesting that an
				  impasse be resolved through compulsory interest arbitration may be filed by an
				  employee representative and/or public employer. A blank form to file a petition
				  to initiate compulsory interest arbitration may be downloaded from the
				  Commission's web site at:
http://www.state.nj.us/perc/NJ_PERC_Petition_to_Initiate_Compulsory_Interest_Arbitration_-_Form.pdf
or will be supplied upon request addressed to: Public Employment Relations
				  Commission, PO Box 429, Trenton, NJ 08625-0429.
2. On or after the date on which their
				  collective negotiations agreement expires, either party may file a petition
				  with the Director of Conciliation and Arbitration requesting the initiation of
				  compulsory interest arbitration.
3.
				  Any mediation or fact-finding shall terminate immediately upon the filing of a
				  petition for arbitration.
4. The
				  non-petitioning party, within five days of receipt of the petition, shall
				  separately notify the Commission in writing of all issues in dispute. The
				  filing of the written response shall not delay, in any manner, the interest
				  arbitration process.
5. Any
				  mediation or fact-finding invoked pursuant to (a)2 above or (b)1 below shall
				  terminate immediately upon the filing of a petition for arbitration.
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 19:16-5.3 - Contents of the petition requesting the initiation of compulsory interest arbitration; proof of service; notice of filing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An original
				  and four copies of a petition requesting the initiation of compulsory interest
				  arbitration shall be filed with the Director of Conciliation and Arbitration.
				  This document shall be signed and dated and contain the following information:
1. Name and address of the public employer
				  that is a party to the collective negotiations; the name, address, telephone
				  number, and title of its representative to be contacted; and the name, address
				  and telephone number of any attorney/consultant representing the public
				  employer;
2. Name and address of
				  the exclusive representative that is a party to the collective negotiations;
				  the name, address, telephone number, and title of its representative to be
				  contacted; and the name, address and telephone number of any
				  attorney/consultant representing the exclusive representative;
3. A description of the collective
				  negotiations unit and the approximate number of employees involved;
4. A statement as to whether either party has
				  previously requested mediation, whether a mediator has been appointed, the name
				  of the mediator, and the dates and duration of mediation sessions, if
				  any;
5. A statement as to whether
				  fact-finding with recommendations for settlement has been invoked, whether a
				  fact-finder has been appointed, and whether a fact-finding report and
				  recommendations have been issued, and the date of such report, if
				  any;
6. The termination date of the
				  current agreement, if any;
7. The
				  required budget submission date of the public employer;
8. Whether the request is a joint
				  request;
9. A statement indicating
				  which issues are in dispute, and, if applicable, identifying the issues as
				  economic or noneconomic within the meaning of
				  34:13A-16(f)(2);
				  and
10. A statement as to whether a
				  dispute exists as to the negotiability of any of the unresolved
				  issues.
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 19:16-5.4 - Conventional arbitration to be terminal procedure

Current through Register Vol. 56, No. 14, July 15, 2024
The terminal procedure for the resolution of the issues in
					 dispute shall be conventional interest arbitration.
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 19:16-5.5 - Response to the petition requesting the initiation of compulsory interest arbitration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the absence of a joint petition
				  requesting the initiation of compulsory interest arbitration, the
				  non-petitioning party, within five days of receipt of the petition, shall
				  separately notify the Commission in writing of all issues in dispute. The
				  filing of the written response shall not, in any manner, delay the interest
				  arbitration process. The statement of response shall include:
1. Any additional unresolved issues to be
				  submitted to arbitration;
2. A
				  statement as to whether it disputes the identification of any of the issues as
				  economic or noneconomic;
3. A
				  statement as to whether it refuses to submit any of the issues listed on the
				  notification or petition to arbitration on the ground that such issue is not
				  within the required scope of negotiations; and
4. Any other relevant information with
				  respect to the nature of the impasse.
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 19:16-5.6 - Appointment of an arbitrator; arbitrator training and discipline

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Commission shall maintain a special panel of interest arbitrators. Members of
				  this panel shall be appointed for three-year terms following a screening
				  process as set forth in
				  34:13A-16(e)  and
				  pursuant to the standards set forth in
				  19:16-5.1 5. Reappointments to the
				  panel shall also be contingent upon a similar screening process. The
				  arbitrators appointed pursuant to this subchapter shall be from this special
				  panel. All arbitrators appointed by the Commission shall be considered officers
				  of the Commission while performing duties pursuant to this
				  subchapter.
(b) In accordance with
				  N.J.S.A. 34:13A-16e(4), members of the Commission's special panel of interest
				  arbitrators shall be required to complete annual training offered by the State
				  Ethics Commission.
(c) The
				  Commission may suspend, remove, or otherwise discipline an arbitrator for
				  violating the Police and Fire Public Interest Arbitration Reform Act or for
				  good cause in accordance with the procedures set forth at
				  19:16-5.1 6. Any arbitrator who
				  fails to attend the Commission's annual continuing education program may be
				  removed from the special panel. Any arbitrator who fails to participate in the
				  continuing education program for two consecutive years shall be
				  removed.
(d) An arbitrator from the
				  special panel of interest arbitrators shall be assigned to a petition through a
				  computerized random selection process. On the first business day following
				  receipt of an interest arbitration petition, the Commission, or its designee,
				  independent of and without any participation by either of the parties, shall
				  begin the computerized process of randomly selecting an arbitrator from its
				  special panel of interest arbitrators. The selection shall be final and shall
				  not be subject to review or appeal.
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 19:16-5.8 - Stenographic record

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A stenographic record shall not be a
				  procedural requirement for the conduct of a hearing. However, any party shall
				  have the right to a stenographic record taken of the arbitration
				  proceeding.
(b) The arrangements
				  for a stenographic record must be made by the requesting party after the
				  appointment of the arbitrator. The cost of such record shall be paid by the
				  party requesting it or divided equally between the parties if both make such a
				  request. If a stenographic record is requested by either or both parties, the
				  party or parties making the request shall provide at its/their cost a copy of a
				  transcript to the arbitrator.
(c)
				  The arbitrator shall have the authority to set a deadline for the submission of
				  the stenographic record to the arbitrator.
(d) Any delay in receiving a stenographic
				  record shall not extend:
1. The 90-day time
				  period, or such other period of time that may be set by
N.J.S.A.
				  34:13A-14
et seq., for rendering an
				  award; or
2. The 14-day time limit,
				  or such other period of time that may be set by
N.J.S.A.
				  34:13A-14
et seq., for submitting an
				  appeal to the Commission.
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 19:16-5.9 - Opinion and award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the impasse is not otherwise resolved,
				  the arbitrator shall decide the dispute and issue a written opinion and award
				  within 90 days, or within such other period of time that may be set by
N.J.S.A.
				  34:13A-14
et seq., of the Director
				  of Conciliation and Arbitration's assignment of that arbitrator. Any arbitrator
				  who fails to issue an award within 90 days, or within such other period of time
				  that may be prescribed by
N.J.S.A. 34:13A-14
et seq., shall be
				  fined $ 1,000 per each day late.
(b) Each arbitrator's decision shall be
				  accompanied by a written report explaining how each of the statutory criteria
				  played into the arbitrator's determination of the final award. The opinion and
				  award shall be signed and based on a reasonable determination of the issues,
				  giving due weight to those factors listed in
N.J.S.A.
				  34:13A-16
.g.
(c) Where applicable, the arbitrator's
				  economic award must comply with the two percent cap on average annual increases
				  to base salary items pursuant to
N.J.S.A. 34:13A-16
.7, as
				  amended by P.L. 2014, c.
				  11. In all awards, whether or not subject to the
				  two percent cap, the arbitrator's decision shall set forth the costs of all
				  "base salary" items for each year of the award, including the salary provided
				  pursuant to a salary guide or table, any amount provided pursuant to a salary
				  increment, any amount provided for longevity or length of service, and any
				  other item agreed to by the parties or that was included as a base salary item
				  in the prior award or as understood by the parties in the prior contract. These
				  cost-out figures for the awarded base salary items are necessary in order for
				  the arbitrator to determine, pursuant to
N.J.S.A. 34:13A-16
.d,
				  whether the total net annual economic changes for each year of the award are
				  reasonable under the statutory criteria.
(d) The arbitrator shall certify that the
				  statutory limitations imposed by the local levy cap were taken into account in
				  making the award.
(e) The
				  arbitrator's opinion and award shall be signed and notarized. An original and
				  four copies of the opinion and award shall be submitted directly to the
				  Director of Conciliation and Arbitration who will then serve the parties
				  simultaneously. The signed original must be filed with the Director of
				  Conciliation and Arbitration. The copies may be transmitted
				  electronically.
(f) Any arbitrator
				  violating the provisions of this section may be subject to suspension, removal,
				  or discipline under
				  19:16-5.6.
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 19:16-5.10 - Code of Professional Responsibility for Arbitrators of Labor-Management Disputes

Current through Register Vol. 56, No. 14, July 15, 2024
Arbitrators serving on the Commission's special panel
					 shall be guided by the objectives and principles set forth in the "Code of
					 Professional Responsibility for Arbitrators of Labor-Management Disputes" of
					 the National Academy of Arbitrators, the American Arbitration Association, and
					 the Federal Mediation and Conciliation Service.
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 19:16-5.11 - Cost of arbitration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The costs of services performed by the
				  arbitrator shall be borne equally by the parties. Each party shall pay its
				  share of the arbitrator's fee within 60 days of receipt of the arbitrator's
				  bill or invoice.
(b) The fee for
				  services provided by the arbitrator shall not exceed $ 1,000 per day, or such
				  other amount that may be prescribed by
N.J.S.A.
				  34:13A-14
et seq. The total cost of
				  services provided by an arbitrator shall not exceed $ 10,000, or such other
				  amount that may be prescribed by
N.J.S.A.
				  34:13A-14
et seq.
(c) An assessment of not more than $ 500.00
				  may be imposed by the arbitrator if a proceeding is cancelled without good
				  cause. If the parties jointly cancel the proceeding the fee will be shared.
				  Otherwise the party causing the cancellation or adjournment shall be
				  responsible for payment of the entire fee.
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 19:16-5.12 - Fees for filing and processing interest arbitration petitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the
				  time a joint petition to initiate interest arbitration is filed pursuant to
				  19:16-5.2, each party shall pay a
				  $ 175.00 fee. If the petition is filed by one party only, then the petitioning
				  party shall pay a $ 175.00 fee upon filing the petition and the non-petitioning
				  party shall pay a $ 175.00 fee upon filing its response to the petition
				  pursuant to
				  19:16-5.5.
(b) The petition shall not be processed until
				  the petitioning party pays the filing fee of $ 175.00.
(c) Fees shall be paid by checks made payable
				  to the "State of New Jersey"; purchase orders may be submitted.