New Jersey Administrative Code › Title 19 - OTHER AGENCIES › PUBLIC EMPLOYMENT RELATIONS COMMISSION › Chapter 10 - DEFINITIONS, SERVICE, CONSTRUCTION › Subchapter 1 - DEFINITIONS › Section 19:10-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subtitle,
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Act" means the New Jersey Employer-Employee Relations
					 Act, as amended, (N.J.S.A.
					 34:13A-1 et seq.).
"Arbitration panel" means a roster of arbitrators
					 maintained by the commission.
"Arbitrator" means a member of an arbitration panel
					 maintained in accordance with these rules, including the grievance arbitration
					 panel established by N.J.A.C. 19:12-5, the special panel of disciplinary
					 arbitrators established pursuant to N.J.S.A. 40A:14-210c. and
					 N.J.A.C.
					 19:12-6.2 and the special panel of interest
					 arbitrators established pursuant to N.J.S.A. 34:13A-16e and
					 N.J.A.C.
					 19:16-5.6(a).
"Authorization card" means a dated card or separate sheet
					 of paper signed by an employee, normally within six months prior to the filing
					 of a petition, that states that the employee wishes to be represented for
					 purposes of collective negotiations by the named employee organization.
"Certification of representative" means the designation by
					 the commission of an employee organization as the exclusive representative of
					 employees in an appropriate unit.
"Certification of results" means the certification by the
					 commission of the results of an election conducted by the commission in which
					 no employee organization received a majority of the valid ballots cast.
"Chair" means the full-time member of the Public
					 Employment Relations Commission who is its chief executive officer and
					 administrator and is also the chief executive officer and administrator of the
					 Division of Public Employment Relations.
"Commission" means the New Jersey Public Employment
					 Relations Commission.
"Contested transfer proceeding" means a procedure under
					 these rules for determining whether the transfer of an employee between work
					 sites by an "employer" as defined by
					 N.J.S.A.
					 34:13A-22 was made for disciplinary reasons.
"Craft employee" means any employee who is engaged with
					 helpers or apprentices in a manual pursuit requiring the exercise of craft
					 skills which are normally acquired through a long and substantial period of
					 training or a formal apprenticeship and which in their exercise call for a high
					 degree of judgment and manual dexterity, one or both, and for ability to work
					 with a minimum of supervision. The term shall also include an apprentice or
					 helper who works under the direction of a journeyman craftsman and is in a
					 direct line of succession in that craft.
"Director of Arbitration" means that officer of the
					 commission designated to act on behalf of the commission with respect to
					 arbitration procedures contained in N.J.A.C. 19:12 and 19:16.
"Director of Conciliation" means that officer of the
					 commission designated to act on behalf of the commission with respect to those
					 matters related to negotiations impasses contained in N.J.A.C. 19:12 and 19:16.
"Director of Representation" means that officer of the
					 commission designated to act on behalf of the commission with respect to those
					 matters relating to representation procedures contained in N.J.A.C. 19:11.
"Director of Unfair Practices" means that officer of the
					 commission designated to act on behalf of the commission with respect to those
					 matters relating to unfair practice proceedings contained in N.J.A.C. 19:14.
"Election agent" means that officer of the commission
					 designated to conduct elections in accordance with the procedures set forth in
					 N.J.A.C. 19:11.
"Fact-finder" means the Commission, any member of the
					 Commission or any officer so designated by the Commission to perform the
					 functions of a fact-finder as set forth in these rules.
"Fact-finding panel" means a roster of fact-finders
					 maintained by the commission.
"Hearing examiner" means an officer of the Commission
					 designated to conduct any unfair practice, scope of negotiations or contested
					 transfer hearings and to issue a recommended report and decision.
"Hearing officer" means an officer of the commission
					 designated to conduct any representation hearing and to issue a report and
					 recommendations.
"Mediation panel" means a roster of mediators maintained
					 by the commission.
"Mediator" means the commission, its members, employees of
					 the commission or any officer so designated by the commission to perform the
					 functions and duties of mediation.
"Officer" means all personnel of the Division of Public
					 Employment Relations or any other individual designated by the commission to
					 act on the commission's behalf. The commission may delegate to such officer all
					 of the powers conferred upon the commission in connection with the discharge of
					 its duty or duties.
"Party" means any person, employee, group of employees,
					 organization or public employer filing a charge, petition, request or
					 application or other document under these rules; any person, organization or
					 public employer named as a party in a charge, complaint, request, application
					 or petition filed under this act; or any person, organization or public
					 employer whose intervention in a proceeding has been permitted or directed by
					 the commission, or any designated officer.
"Payroll deduction determination proceeding" means the
					 procedure to determine if the majority representative of a negotiations unit of
					 employees has satisfied the conditions required by
					 N.J.S.A.
					 34:13A-5.5 to have the Commission order that
					 the public employer initiate payroll deductions of a representation fee in lieu
					 of dues from all unit employees who are not members of the majority
					 representative.
"Professional employee" means any employee whose work is
					 predominantly intellectual and varied in character, involves the consistent
					 exercise of discretion and judgment, and requires knowledge of an advanced
					 nature in the field of physical, biological, or social sciences, or in the
					 field of learning. The commission will also consider whether the work is of
					 such a character that the output produced or the result accomplished cannot be
					 standardized in relation to a given period of time. The term shall also include
					 any employee who has acquired knowledge of an advanced nature in one of the
					 fields described above, and who is performing related work under the
					 supervision of a professional person to qualify to become a professional
					 employee as defined herein. The term shall include, but not be limited to,
					 attorneys, physicians, nurses, engineers, architects, teachers and the various
					 types of physical, chemical and biological scientists.
"Recognition" means the written acceptance by a public
					 employer of an employee organization as the exclusive representative of
					 employees in an appropriate unit.
"Representation proceeding" means a procedure under these
					 rules for the purpose of determining the exclusive representative of employees,
					 if any, in an appropriate collective negotiations unit or a question or
					 controversy concerning the representation of public employees for the purpose
					 of collective negotiations, including a question concerning the composition of
					 a unit designated for the purpose of collective negotiations.
"Scope of negotiations proceeding" means a procedure under
					 these rules for the purpose of determining whether a matter in dispute is
					 within the scope of collective negotiations.
"Showing of interest" means a designated percentage of
					 public employees in an allegedly appropriate negotiations unit, or a
					 negotiations unit determined to be appropriate, who are members of an employee
					 organization or have designated it as their exclusive negotiations
					 representative or have signed a petition requesting an election for
					 decertification of public employee representative. When requesting
					 certification, such designations shall consist of written authorization cards
					 or petitions, signed and dated by employees normally within six months prior to
					 the filing of the petition, authorizing an employee organization to represent
					 such employees for the purpose of collective negotiations; current dues
					 records; an existing or recently expired agreement; or other evidence approved
					 by the director of representation. When requesting decertification, such
					 designations shall consist of written petitions, signed and dated by employees
					 normally within six months prior to the filing of the petition, indicating that
					 the employees no longer desire to be represented for purposes of collective
					 negotiations by the recognized or certified exclusive representative or by any
					 other employee representative.
"Super conciliator" means a member of the Commission, an
					 officer or employee of the Commission, a member of the Commission's mediation
					 or fact-finding panel, or any other super conciliator approved by the Director
					 of Conciliation to perform the functions and duties of a super conciliator.
"Unfair practice proceeding" means a procedure under these
					 rules for the purpose of determining whether or not anyone has engaged or is
					 engaging in any unfair practice as set forth in
					 N.J.S.A.
					 34:13A-5.4(a) and
					 (b).