N.J. Admin. Code § 19:13-2.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 19:13-2.2 - Contents of petition for scope of negotiations determination

(a) A petition for scope of negotiations determination shall be in writing. The party representative filing the petition shall make this signed and dated certification: "I declare that I have read the above petition and that the statements are true to the best of my knowledge and belief." Such petition shall contain the following:

1. The full name, address and telephone number of the public employer that is a party to the collective negotiations relationship;

2. The full name, address and telephone number of the recognized or certified public employee exclusive representative that is a party to the collective negotiations relationship;

3. A clear and concise explanation of the matter or matters in dispute, which shall include a statement of the pertinent facts, and, in cases involving the withholding of an increment of a teaching staff member, shall be accompanied by a copy of the statement of reasons issued to the teaching staff member at the time the increment was withheld;

4. A statement that the dispute has arisen:

i. During the course of collective negotiations, and that one party seeks to negotiate with respect to a matter that the other party contends is not a required subject for collective negotiations;

ii. With respect to the negotiability and legal arbitrability of a matter sought to be submitted to binding arbitration pursuant to a collectively negotiated grievance procedure;

iii. With respect to the legal arbitrability of a dispute as to whether the withholding of an increment of a teaching staff member is disciplinary or predominately relates to the evaluation of a teaching staff member's teaching performance; or

iv. Other than in (a)4i, ii, and iii above, with an explanation of any special circumstances warranting the exercise of the Commission's scope of negotiations jurisdiction; and

5. A list of any other actions which the petitioner knows about that involve the same or a related dispute, before the Commission or any other administrative agency, arbitrator or court.

(b) A blank form for filing a petition for scope of negotiations determination may be downloaded from the Commission's website at www.state.nj.us/perc and is also available upon request made to: Public Employment Relations Commission, PO Box 429, Trenton, NJ 08625-0429.

(c) The filing of a petition for scope of negotiations determination shall not stay the conduct of a grievance arbitration hearing, unless otherwise ordered by the Commission or its named designee.

N.J. Admin. Code § 19:13-2.2

Amended by R.2006 d.230, effective 6/19/2006.
See: 38 N.J.R. 1309(a), 38 N.J.R. 2735(a).
Deleted footnote; in (a), deleted "and signed, and either shall be sworn to before a person authorized by the laws of this State to administer oaths or shall contain the following dated certification immediately preceding the signature of the person or persons signing it: 'I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.'" and added the next-to-last sentence; substituted "that" for "who" in (a)1 and (a)2, rewrote (a)3, in (a)4i, substituted "that" for "or matters which" and deleted "or" from the end, in (a)4ii, inserted "and legal arbitrability", deleted "or matters" and "or" and substituted "submitted to binding arbitration" for "processed", added present (a)4iii and recodified and rewrote existing (a)4iii as (a)4iv and added (a)5; and added (b) and (c).