Statutes, codes, and regulations
New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENTChapter 35 - WORK FIRST NEW JERSEY AND FOOD STAMP EMPLOYMENT AND TRAINING PROGRAM
Subchapter 2 - PLACEMENT OR USE OF WORK FIRST/FSETP PARTICIPANTS AT WORKPLACE
Section 12:35-2.2 - Complaint procedures: State service employees

N.J. Admin. Code § 12:35-2.2

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Current through Register Vol. 56, No. 24, December 18, 2024
Section 12:35-2.2 - Complaint procedures: State service employees
(a) Any State employee who believes he or she has been adversely affected by a violation of N.J.A.C. 12:35-2.1, or his or her duly authorized union representative, may file a complaint with the Governor's Office of Employee Relations.
1. The complaint shall be filed and reviewed pursuant to the State contract under which the complainant is covered.
2. The complaint shall be filed within 30 days of either the Work First/FSETP participant's placement or use at the workplace, or the date on which the complainant should reasonably have known of his or her placement or use, or 30 days of when the alleged violation of N.J.A.C. 12:35-2.1 occurred.
3. A copy of the complaint shall be forwarded to the Division of Family Development within the Department of Human Services and to the Division of One-Stop Programs and Services, within the Department of Labor and Workforce Development.
4. The Governor's Office of Employee Relations shall investigate and render a decision as to the appropriateness of the Work First/FSETP participant's placement or use at the worksite within 30 days of receipt of the complaint.
5. The complainant or his or her duly authorized union representative may appeal the decision of the Governor's Office of Employee Relations within 30 days of receipt of the decision pursuant to the State contract under which the complainant is covered.
6. The Governor's Office of Employee Relations shall set up an arbitration proceeding pursuant to the State contract under which the complainant is covered upon the receipt of the appeal.
7. The arbitrator shall determine whether a violation of N.J.A.C. 12:35-2.1 above has occurred and, if so, shall provide an appropriate legal remedy.
8. The cost of the arbitration shall be shared equally by both parties.

N.J. Admin. Code § 12:35-2.2

Repeal and New Rule, R.1985, d.404, effective 8/5/1985.
Amended by R.1998 d.65, effective 1/20/1998.
See: 29 New Jersey Register 4622(a), 30 New Jersey Register 371(a).
In (a)2, added 30 day period in reference to N.J.A.C. 12:35-2.1.
Amended by R.2000 d.281, effective 7/3/2000. See: 32 New Jersey Register 1281(a), 32 New Jersey Register 2442(b).
In (a)3, substituted a reference to the Division of Employment and Training for a reference to the Division of Workforce New Jersey--Careers.
Amended by R.2005 d.429, effective 12/5/2005.
See: 37 New Jersey Register 2605(a), 37 New Jersey Register 4557(a).
In (a)3, substituted "One-Stop Programs and Services" for "Employment and Training" and added "and Workforce Development" following "Department of Labor."