reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 6 - HEARINGS › Section 19:11-6.14 - Misconduct

Current through Register Vol. 56, No. 14, July 15, 2024
Misconduct at any hearing before a hearing officer or the
					 Commission shall be grounds for summary exclusion from the hearing. Misconduct
					 of an aggravated character by a representative of a party shall be grounds for
					 suspension or disbarment by the Commission from further practice before it
					 after due notice and hearing.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 7 - HEARING OFFICER'S REPORT, TRANSFER OF CASE TO THE COMMISSION, AND ACTION BY THE COMMISSION › Section 19:11-7.1 - Submission of the hearing officer's report to the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
After the hearing, the hearing officer shall prepare a
					 report and recommendations which shall include findings of fact, conclusions of
					 law, and a recommendation as to the action to be taken. The hearing officer
					 shall file the original with the Commission and shall serve a copy on the
					 parties. Service shall be complete upon mailing and the case shall then be
					 deemed transferred to the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 7 - HEARING OFFICER'S REPORT, TRANSFER OF CASE TO THE COMMISSION, AND ACTION BY THE COMMISSION › Section 19:11-7.2 - Record in the case

Current through Register Vol. 56, No. 14, July 15, 2024
The record shall consist of the petition, notice of
					 hearing, motions, rulings, orders, any official transcript of the hearing,
					 stipulations, documentary evidence, together with the hearing officer's report
					 and recommendations and any exceptions, cross-exceptions, briefs and answering
					 briefs.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 7 - HEARING OFFICER'S REPORT, TRANSFER OF CASE TO THE COMMISSION, AND ACTION BY THE COMMISSION › Section 19:11-7.3 - Exceptions; cross-exceptions; briefs; answering briefs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 10
				  days of service on it of a report and recommendations or such longer period as
				  the Commission may allow, any party may file with the Commission an original
				  and nine copies of any exceptions to the report and recommendations or to any
				  other part of the record or proceedings (including rulings upon motions or
				  objections), together with an original and nine copies of a brief in support of
				  the exceptions. Any party may, within the same period, file an original and
				  nine copies of a brief in support of the report and recommendations. A request
				  for an extension of time to file exceptions or briefs shall be in writing and
				  shall state the other parties' positions with respect to such request. Filings
				  under this subsection shall be accompanied by proof of service of a copy on all
				  other parties.
(b) Exceptions to a
				  hearing officer's report and recommendations shall:
1. Specify each question of procedure, fact,
				  law or policy to which exception is taken;
2. Identify that part of the report and
				  recommendations to which objection is made;
3. Designate by precise page citation the
				  portions of the record relied on, state the grounds for the exceptions, and
				  include the citation of authorities, unless set forth in a supporting brief. If
				  a transcript of the proceedings is ordered for the purposes of filing
				  exceptions to a recommended decision, the ordering party shall have the
				  reporter service file a copy of the transcript with the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 7 - HEARING OFFICER'S REPORT, TRANSFER OF CASE TO THE COMMISSION, AND ACTION BY THE COMMISSION › Section 19:11-7.4 - Action by the Commission; consolidation or severance of proceedings; decision in the absence of exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission
				  shall adopt, reject or modify the hearing officer's report and recommendations.
				  The Commission may decide the matter upon the record or after oral argument. It
				  may also reopen the record and receive further evidence. A decision, order or
				  direction of the Commission shall set forth findings of fact and conclusions of
				  law. A decision, order or direction of the Commission, that disposes of the
				  case in its entirety shall be a final administrative determination.
(b) Whenever necessary to effectuate the
				  purposes of the Act or to avoid unnecessary costs or delay, the Commission or
				  Director of Representation may order any proceeding to be severed from or
				  consolidated with any other proceeding.
(c) 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 11 - REPRESENTATION PROCEDURES › Subchapter 8 - REQUEST FOR COMMISSION REVIEW › Section 19:11-8.1 - Filing of request

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 10
				  days of service on it of the Director of Representation's decision, order or
				  direction, any aggrieved party may file a request for review with the
				  Commission.
(b) An original and
				  nine copies of a request for review shall be filed with the Commission,
				  together with proof of service of a copy on all other parties. The filing of a
				  request for review with the Commission shall not operate, unless otherwise
				  ordered by the Commission, as a stay of any action taken, ordered or directed
				  by the Director of Representation.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 8 - REQUEST FOR COMMISSION REVIEW › Section 19:11-8.2 - Grounds for granting a request for review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chair
				  may grant a request for review. A request for review will be granted only for
				  one or more of these compelling reasons:
1. A
				  substantial question of law is raised concerning the interpretation or
				  administration of the Act or these rules;
2. The Director of Representation's decision
				  on a substantial factual issue is clearly erroneous on the record and such
				  error prejudicially affects the rights of the party seeking review;
3. The conduct of the hearing or any ruling
				  made in connection with the proceeding may have resulted in prejudicial error;
				  and/or
4. An important Commission
				  rule or policy should be reconsidered.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 8 - REQUEST FOR COMMISSION REVIEW › Section 19:11-8.3 - Contents of request for review; timely presentment of facts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request
				  for review must be a self-contained document enabling the Commission or Chair
				  to rule on the basis of its contents.
(b) A request must contain a summary of all
				  evidence and rulings bearing on the issues, together with page citations from
				  the official transcript and a summary of argument.
(c) A request may not raise any issue or
				  allege any facts not timely presented to the Director of Representation or the
				  hearing officer, unless the facts alleged are newly discovered and could not
				  with reasonable diligence have been discovered in time to be so
				  presented.
(d) A request for review
				  must specify both the grounds supporting review and address the merits of the
				  issues for which relief is sought.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 8 - REQUEST FOR COMMISSION REVIEW › Section 19:11-8.4 - Statement in opposition to a request for review; further statements

Current through Register Vol. 56, No. 14, July 15, 2024
Within seven days of service on it of a request for
					 review, any party may file with the Commission an original and nine copies of a
					 statement in opposition to the request, together with proof of service of a
					 copy on all other parties. No further submissions shall be filed except by
					 leave of the Commission. 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 11 - REPRESENTATION PROCEDURES › Subchapter 8 - REQUEST FOR COMMISSION REVIEW › Section 19:11-8.5 - Waiver of right to request review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parties
				  may, at any time, waive their right to request review. Failure to request
				  review shall preclude such parties from relitigating, in any Commission
				  proceeding, any issue which was or could have been raised in the
				  proceeding.
(b) A Commission order
				  disposing of a case in its entirety, or a Commission order denying a request
				  for review of a decision, order or certification issued by the Director of
				  Representation disposing of a case in its entirety shall constitute the final
				  administrative determination of the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 8 - REQUEST FOR COMMISSION REVIEW › Section 19:11-8.6 - Stay of decision; filing of briefs with the Commission; Commission consideration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The granting
				  of a request for review shall not stay the Director of Representation's
				  decision unless otherwise ordered by the Commission.
(b) Where review has been granted, the
				  Commission will consider the entire record in the light of the grounds relied
				  on for review.
(c) Any request for
				  review may be withdrawn with the permission of the Commission before issuance
				  of a Commission decision.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 8 - REQUEST FOR COMMISSION REVIEW › Section 19:11-8.7 - Decision by the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission shall proceed upon the record to decide the
					 issues referred to it or to review the decision of the Director of
					 Representation. It shall affirm or reverse the decision of the Director of
					 Representation, in whole or in part, or make such other disposition of the
					 matter as it deems appropriate.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 9 - TRANSFER TO THE COMMISSION; RECONSIDERATION › Section 19:11-9.1 - Transfer to Commission on its own motion

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission may, at any time, on its own motion,
					 transfer a case to itself for appropriate action.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 9 - TRANSFER TO THE COMMISSION; RECONSIDERATION › Section 19:11-9.2 - 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 filed simultaneously with the
					 statement of any exceptions or cross-exceptions filed pursuant to
					 19:11-7.3 (Exceptions;
					 cross-exceptions; briefs; answering briefs), together with proof of service of
					 a copy on all other parties. 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 11 - REPRESENTATION PROCEDURES › Subchapter 9 - TRANSFER TO THE COMMISSION; RECONSIDERATION › Section 19:11-9.3 - Motion for Commission reconsideration

Current through Register Vol. 56, No. 14, July 15, 2024
After a Commission decision has been issued, a party may
					 move for reconsideration. The movant shall specify the extraordinary
					 circumstances warranting reconsideration and the pages of the record it relies
					 on. Any motion pursuant to this section shall be filed within 15 days of
					 service of the Commission decision, together with proof of service of a copy on
					 all other parties. Any party opposing reconsideration may file a response
					 within five days of service on it of the motion, together with proof of service
					 of a copy on all other parties. No further submissions shall be filed except by
					 leave of the Commission. A request for leave shall be in writing, accompanied
					 by proof of service of a copy on all other parties. The filing and pendency of
					 a motion for reconsideration shall not operate to stay the effectiveness of the
					 Commission decision, unless otherwise ordered by the Commission. A motion for
					 reconsideration need not be filed to exhaust administrative remedies.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 10 - ELECTION PROCEDURES › Section 19:11-10.1 - Eligibility list

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In all
				  representation elections conducted pursuant to this subchapter, unless
				  otherwise directed by the Director of Representation, the public employer is
				  required to file simultaneously with the Director of Representation and with
				  the employee organization(s) an election eligibility list, consisting of an
				  alphabetical listing of the names of all eligible voters and their last known
				  mailing addresses and job titles. In addition, the public employer shall file a
				  statement of service with the Director of Representation. In order to be timely
				  filed, the eligibility list must be received by the Director of Representation
				  no later than 10 days before the date of the election. The Director of
				  Representation shall not grant an extension of time within which to file the
				  eligibility list except in extraordinary circumstances.
(b) Failure to comply with the requirements
				  of this section may be grounds for setting aside the election whenever proper
				  objections are filed pursuant to
				  19:11-10.3(h).
				  Additionally, the Director of Representation may, in the exercise of reasonable
				  discretion, issue a subpoena or direction requiring the production of the
				  eligibility list, and in the event of noncompliance, may institute appropriate
				  enforcement proceedings pursuant to court rules.
(c) Actions of the Director of Representation
				  pursuant to this section shall not be reviewable under
				  19:11-8.1 (Request for
				  review).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 10 - ELECTION PROCEDURES › Section 19:11-10.2 - Notices of election; improper use of notices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notices of
				  election shall be provided by the Director of Representation to the public
				  employer for posting. The employer shall post such notices where notices are
				  normally posted affecting the employees involved in the election. Such notices
				  shall remain posted until the ballots are counted and shall set forth the
				  details and procedures for an election, the appropriate unit, the eligibility
				  period, and the date(s), hours and place(s) of the election and shall contain a
				  sample ballot.
(b) The reproduction
				  of any document purporting to be a copy of the Commission's official ballot
				  which suggests either directly or indirectly to employees that the Commission
				  endorses a particular choice may constitute grounds for setting aside an
				  election upon objections properly filed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 10 - ELECTION PROCEDURES › Section 19:11-10.3 - Election procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				  elections shall be by secret ballot and shall be conducted under the
				  supervision and direction of a Commission agent. The secret ballot may be
				  accomplished manually or by the use of a mail ballot or by a mixed manual-mail
				  ballot system, as determined by the Director of Representation.
(b) Whenever two or more employee
				  organizations are included as choices in an election, any employee organization
				  may request the Director of Representation to remove its name from the ballot.
				  The request must be received not later than five days before the date of the
				  election or the mailing of ballots to the eligible voters. Such request shall
				  be subject to the approval of the Director of Representation whose decision
				  shall be final. In a proceeding involving a public employer-filed petition or a
				  petition for decertification, the employee organization that is certified,
				  currently recognized, or found to be seeking recognition may not have its name
				  removed from the ballot without giving the aforementioned notice in writing to
				  all parties and the Director of Representation, disclaiming any representation
				  interest among the employees in the unit.
(c) The eligible voters shall be those
				  employees included within the unit described in the agreement for consent
				  election or as determined by the Commission or Director of Representation, who
				  were employed during the payroll period for eligibility, including employees
				  who did not work during that period because they were ill, or on vacation, or
				  temporarily laid off, including those in the military service, and those on
				  leaves of absence. In a manual ballot election, employees must appear in person
				  at the polls in order to be eligible to vote. Ineligible to vote are those
				  employees who have retired or quit or were discharged for cause prior to the
				  commencement of the election and who have not been rehired or reinstated before
				  the counting of ballots.
(d) Unless
				  otherwise approved by the Director of Representation or by the election agent,
				  all observers shall be non-supervisory employees of the public employer. Each
				  party shall be allowed an equal number of observers. Observers shall:
1. Act as checkers at the voting place and in
				  the counting of the ballots;
2.
				  Assist in the identification of voters;
3. Challenge the eligibility of voters and
				  ballots; and
4. Otherwise assist
				  the election agent.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 10 - ELECTION PROCEDURES › Section 19:11-10.4 - Runoff elections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An election
				  with three or more choices on the ballot (for example, at least two
				  representatives and "no representative") that results in no choice receiving a
				  majority of the valid ballots cast will be considered an inconclusive election.
				  In such cases, the Director of Representation shall order a runoff election.
1. Objections, timely filed, shall be
				  disposed of before a runoff election is ordered.
2. The ballot for a runoff election shall
				  provide for a choice between the two choices receiving the largest number of
				  votes in the prior election.
3.
				  Employees who were eligible to vote in the prior election and who continue to
				  be included in the voting unit on the date of the runoff election shall be
				  eligible to vote in the runoff election.
4. The runoff election shall be conducted in
				  accordance with
				  19:11-10.3 (Election procedures),
				  as applicable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 10 - ELECTION PROCEDURES › Section 19:11-10.5 - Rerun elections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An election
				  will be declared a nullity when objections are sustained pursuant to
				  19:11-10.3. A nullity shall also
				  be declared where an election with three or more ballot choices is inconclusive
				  because either all choices received an equal number of votes or two choices
				  received an equal number of votes and a third choice received a higher number
				  of votes that is less than a majority. If an election is declared a nullity,
				  the Director of Representation shall order a rerun election.
1. The ballot for a rerun election shall have
				  the same choices as provided on the ballot in the prior election.
2. Employees who are eligible to vote
				  pursuant to
				  19:11-10.3(c) 
				  shall be eligible to vote in the rerun election.
3. The rerun election shall be conducted in
				  accordance with
				  19:11-10.3 (Election procedures)
				  as applicable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 10 - ELECTION PROCEDURES › Section 19:11-10.6 - No majority representative

Current through Register Vol. 56, No. 14, July 15, 2024
In a rerun election, if no ballot choice receives a
					 majority of the valid ballots cast, and there are no unresolved challenged
					 ballots, and all eligible voters have cast ballots, then the Director of
					 Representation may certify the results of the election indicating that no
					 exclusive representative has been chosen.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 11 - REPRESENTATION PROCEDURES › Subchapter 10 - ELECTION PROCEDURES › Section 19:11-10.7 - Determination of exclusive representative

Current through Register Vol. 56, No. 14, July 15, 2024
The exclusive representative shall be determined by a
					 majority of the valid ballots cast in the election.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 1 - PURPOSE OF PROCEDURES › Section 19:12-1.1 - Purpose of procedures

Current through Register Vol. 56, No. 14, July 15, 2024
34:13A-5.4.e provides that the
					 Commission shall adopt such rules as may be required to regulate the time of
					 commencement of negotiations and of institution of impasse procedures so that
					 there will be full opportunity for negotiations and the resolution of impasse
					 prior to required budget submission dates. Further,
					 34:13A-6.b provides that whenever
					 negotiations between the public employer and exclusive representative
					 concerning the terms and conditions of employment shall reach an impasse, the
					 Commission is empowered upon the request of either party to provide mediation
					 to effect a voluntary resolution of the impasse, and in the event of a failure
					 to resolve the impasse by mediation, to recommend or invoke fact-finding with
					 recommendation for settlement. Accordingly, the provisions of this chapter
					 establish a mandatory time period for the commencement of negotiations,
					 utilizing the public employer's required budget submission date as a definitive
					 reference point to afford the parties a full opportunity for negotiations and
					 resolution of impasses that are reached prior to the required budget submission
					 date and for utilization of impasse procedures for parties who reach impasse
					 during alternative time periods.
					 19:12-2.1 through 4.3 do not apply
					 to negotiations between a public fire or police department as defined by
					 34:13A-15 and an exclusive
					 representative. See N.J.A.C. 19:16. Forms needed to initiate any of the
					 procedures set forth in this chapter may be downloaded from the Commission's
					 website at:
www.state.nj.us/perc
.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 2 - COMMENCEMENT OF NEGOTIATIONS › Section 19:12-2.1 - Commencement of negotiations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The parties to
				  a collective negotiations agreement shall commence negotiations for a successor
				  agreement, or in the case of an agreed reopener provision shall commence
				  negotiations pursuant to such reopener provision, no later than 120 days prior
				  to the public employer's required budget submission date. The term "required
				  budget submission date" shall refer to the first budget implementing the
				  successor agreement or the agreement pursuant to the reopener provision, as the
				  case may be. In circumstances where the Commission has not determined the
				  public employer's required budget submission date, the public employer shall
				  notify the employee representative in writing of the required budget submission
				  date no later than 150 days prior to such date. The foregoing provisions shall
				  not preclude the parties from agreeing to the automatic renewal of the
				  collective negotiations agreement unless either party shall have notified the
				  other party of its intention to terminate or modify the agreement, nor shall it
				  preclude the parties from establishing by mutual agreement an alternative date
				  for the commencement of negotiations.
(b) The party initiating negotiations shall,
				  no later than 15 days prior to the commencement date of negotiations required
				  by this section or any alternate commencement date agreed to by the parties,
				  notify the other party in writing of its intention to commence negotiations on
				  such date and shall simultaneously file with the Commission a copy of such
				  notification. A form for filing such notice may be downloaded from the
				  Commission's website at:
http://www.state.nj.us/perc/counciliation/forms/
or will be supplied, upon request, addressed to: Public Employment Relations
				  Commission, PO Box 429, Trenton, NJ 08625-0429.
(c) Nothing in this section shall be
				  construed to abrogate or alter obligations of parties to newly established
				  collective negotiations relationships, whether created by recognition or by
				  certification.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 3 - MEDIATION › Section 19:12-3.1 - Initiation of mediation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				  that a public employer and a certified or recognized employee representative
				  have failed to achieve an agreement through direct negotiation, either the
				  public employer, the employee representative, or the parties jointly, may
				  notify the Director of Conciliation, 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 who 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 employee
				  representative who 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 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 3 - MEDIATION › Section 19:12-3.2 - Appointment of mediator

Current through Register Vol. 56, No. 14, July 15, 2024
The mediator appointed pursuant to this subchapter may be
					 a member of the Commission, an officer or employee of the Commission, a member
					 of the Commission's mediation panel, or any other mediator, 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 shall
					 have the express reserved authority to appoint a mediator without regard to the
					 parties' joint request if such is deemed to best effectuate the purposes of the
					 act. If an appointed mediator cannot proceed pursuant to the appointment,
					 another mediator shall be appointed. The appointment of a mediator pursuant to
					 this subchapter shall not be reviewable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 3 - MEDIATION › Section 19:12-3.3 - Mediator's function

Current through Register Vol. 56, No. 14, July 15, 2024
The function of a mediator shall be to assist all parties
					 to come to 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. In the absence of an agreement between the parties, the mediator, at
					 any time after appointment, may recommend to the Director of Conciliation that
					 fact-finding procedures should be invoked.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 3 - MEDIATION › Section 19:12-3.4 - 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 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 3 - MEDIATION › Section 19:12-3.5 - 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
				  which shall, in general, 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;
5. A recommendation as to whether or not the
				  Director of Conciliation should invoke fact-finding with recommendations for
				  settlement.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 4 - FACT-FINDING AND SUPER CONCILIATION › Section 19:12-4.1 - Initiation of fact-finding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon a
				  mediator's report of a failure to resolve the impasse by mediation, the
				  Director of Conciliation may invoke fact-finding with recommendations for
				  settlement and appoint a fact-finder. The public employer, the employee
				  representative, or the parties jointly, may request the Director of
				  Conciliation, in writing, to invoke fact-finding. An original and four copies
				  of such 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 who 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 who 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. The
				  name of the mediator;
4. The number
				  and duration of mediation sessions;
5. The date of the last mediation
				  effort;
6. The unresolved issues to
				  be submitted to a fact-finder; and
7. Whether the request is a joint
				  request.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 4 - FACT-FINDING AND SUPER CONCILIATION › Section 19:12-4.2 - Appointment of fact-finder

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the
				  invocation of fact-finding pursuant to this subsection, the Director of
				  Conciliation 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 its preference regarding the remaining
				  names, and communicate the foregoing to the Director of Conciliation 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 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 the foregoing provisions, the Director of Conciliation 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 or employee of
				  the Commission, a member of the Commission's fact-finding panel, or any other
				  fact-finder, 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.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 4 - FACT-FINDING AND SUPER CONCILIATION › Section 19:12-4.4 - Appointment of a super conciliator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In proceedings
				  conducted pursuant to the School Employees Contract Resolution and Equity Act,
				  P.L.
				  2003, c. 126
				  (N.J.S.A. 34:13A-31et
				  seq.), if the employer and the majority representative do not reach a voluntary
				  negotiated agreement within 20 days after the issuance of the fact-finder's
				  report, the public employer, the employee representative, or the parties
				  jointly may request the Director of Conciliation, in writing, to invoke super
				  conciliation. An original and four copies of such 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 who 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 who 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; and
3. Whether the request is a joint
				  request.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 5 - GRIEVANCE ARBITRATION › Section 19:12-5.1 - Function of the Commission

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission deems it in the interests of the public to
					 maintain an arbitration panel whose members are available to assist in the
					 arbitration of unresolved labor relations grievances. Arbitration of such
					 disputes is governed by
					 2A:24-1 et seq., not
					 2A:23B-1 et seq., the statute
					 applicable to arbitration of non-labor disputes. The availability of the
					 Commission's arbitration service is intended to comply with the requirement of
					 2A:24-5 that the method for naming
					 or appointing an arbitrator provided in the parties' agreement shall be
					 followed. Accordingly, the release of a panel of arbitrators is predicated
					 solely upon a prima facie showing of the parties' intention to utilize the
					 Commission's arbitration service. Parties are referred to the judicial
					 proceedings available under
					 2A:24-3 and
					 2A:24-5 in the event of a dispute
					 regarding arbitrability or the method for naming or appointing an arbitrator.
					 The Commission is not a necessary party to judicial proceedings relating to the
					 arbitration under
					 2A:24-3 or
					 2A:24-5, but shall, upon the
					 written request of a party, furnish to such party at the party's expense,
					 photostatic copies of any papers in the Commission's possession that may be
					 required in any such judicial proceedings.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 5 - GRIEVANCE ARBITRATION › Section 19:12-5.2 - Request for submission of panel

Current through Register Vol. 56, No. 14, July 15, 2024
Arbitration pursuant to this subchapter is initiated by
					 written request to the Director of Arbitration. A form for filing a request for
					 submission of a panel of arbitrators may be downloaded from the Commission's
					 website at:
http://www.state.nj.us/perc/conciliation/forms/
or will be supplied, upon request, addressed to: Public Employment Relations
					 Commission, PO Box 429, Trenton, NJ 086250429. Such request for a submission of
					 a panel of arbitrators shall be filed by email to: grievance@perc.state.nj.us .
					 Alternatively, one original and four copies of such request, signed and dated
					 by the requesting party or parties, may be filed. The request shall set forth
					 the names and addresses of the parties; the names, titles, and telephone
					 numbers of the parties' representatives to contact; the names, addresses, and
					 telephone numbers of any attorneys/consultants representing the parties;
					 whether the request is a joint request and a statement identifying the
					 grievance to be arbitrated. The request shall be accompanied by a copy of the
					 arbitration provisions of the parties' agreement.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 5 - GRIEVANCE ARBITRATION › Section 19:12-5.3 - Appointment of an arbitrator

Current through Register Vol. 56, No. 14, July 15, 2024
Upon receipt of a written request pursuant to
					 N.J.A.C.
					 19:12-5.2, Request for submission of panel,
					 the Director of Arbitration shall submit simultaneously to each party a copy of
					 such request and an identical list of names of at least five persons chosen
					 from the Arbitration Panel. Each party shall have 10 days in which to cross off
					 any names to which it objects, number the remaining names in order of
					 preference, and return the list to the Director of Arbitration. Such responses
					 shall be submitted by email to: grievance@perc.state.nj.us . If a party does
					 not return the list within the time specified, all arbitrators named shall be
					 deemed acceptable. The Director of Arbitration shall appoint an arbitrator
					 giving recognition to the parties' preferences. If the parties' preferences do
					 not result in agreement upon any of the persons named, the Director of
					 Arbitration shall submit a second list and the procedures set forth above shall
					 be repeated, except that each party shall number at least three names in order
					 of preference. If the arbitrator appointed pursuant to this section declines or
					 is unable to serve, the Director of Arbitration shall have the power to appoint
					 an arbitrator not previously rejected by any party, without submission of any
					 additional list. If the parties have agreed upon a method of appointment
					 different from that set forth above, such method shall be followed. Action of
					 the Director of Arbitration pursuant to this section shall not be reviewable by
					 the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 5 - GRIEVANCE ARBITRATION › Section 19:12-5.4 - Code of Professional Responsibility for Arbitrators of Labor-Management Disputes

Current through Register Vol. 56, No. 14, July 15, 2024
The arbitrator 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 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING › Subchapter 5 - GRIEVANCE ARBITRATION › Section 19:12-5.5 - Time and place of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
The arbitrator shall communicate with the parties to
					 arrange for a mutually satisfactory date, time and place for a hearing. In the
					 absence of an agreement, the arbitrator shall have the authority to set the
					 date, time and place for a hearing. The arbitrator shall submit a notice
					 containing arrangements for a hearing within a reasonable time period before
					 hearing.