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 19:16-5.14 - Comparability guidelines

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
N.J.S.A.
				  34:13A-16
.g identifies the factors
				  that an interest arbitrator must consider in reviewing the parties' proposals.
				  In addition, in every interest arbitration proceeding, the parties shall
				  introduce evidence regarding the factor set forth in
N.J.S.A.
				  34:13A-16
.g(6): the financial impact
				  on the governing unit, its residents, the limitations imposed upon the local
				  unit's property tax levy pursuant to
				  P.L.
				  2007, c. 62,
				  section
				  10 (
N.J.S.A.
				  40A:4-45
.45), and taxpayers. The
				  arbitrator must indicate which of the factors listed in
N.J.S.A.
				  34:13A-16
.g are deemed relevant;
				  satisfactorily explain why the others are not relevant; and provide an analysis
				  of the evidence on each relevant factor.
N.J.S.A.
				  34:13A-16
.g(2)(c) lists as a factor
				  "public employment in the same or similar comparable jurisdictions...."
				  Subsection a of section
				  5 of
				  P.L.
				  1995, c. 425 requires that the Commission
				  promulgate guidelines for determining the comparability of jurisdictions for
				  the purposes of paragraph (2)(c) of subsection g.
(b) The guidelines set forth in (c) and (d)
				  below are intended to assist the parties and the arbitrator in focusing on the
				  types of evidence that may support comparability arguments. The guidelines are
				  intended to be instructive but not exhaustive. The arbitrator shall consider
				  any and all evidence submitted pursuant to the comparability guidelines and
				  shall apply these guidelines in addressing the comparability criterion.
1. The Public Employment Relations Commission
				  recognizes that the extent to which a party to an arbitration proceeding
				  asserts that comparisons to public employment in the same or similar comparable
				  jurisdictions are relevant to that proceeding is a matter to be determined by
				  that party. The Commission also recognizes that it is the responsibility of
				  each party to submit evidence and argument with respect to the weight to be
				  accorded any such evidence.
2. The
				  Commission further recognizes that it is the arbitrator's responsibility to
				  consider all the evidence submitted and to determine the weight of any evidence
				  submitted based upon the guidelines in (c) and (d) below and to determine the
				  relevance or lack of relevance of comparability in relationship to all of the
				  factors set forth in
N.J.S.A.
				  34:13A-16
.g. Promulgation of these
				  guidelines is not intended to require that any party submit evidence on all or
				  any of the elements set forth in (c) and (d) below or assert that the
				  comparability factor should or should not be deemed relevant or accorded any
				  particular weight in any arbitration proceeding. Nothing in this section shall
				  preclude the arbitrator from supplementing the factual record by issuing
				  subpoenas to require the attendance of witnesses and the production of
				  documents. Nor does anything in this section prevent the arbitrator from
				  requesting the parties to supplement their presentations in connection with
				  this factor or any other factor set forth in the law.