N.J. Admin. Code § 19:11-1.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 19:11-1.6 - Petition for amendment of certification

(a) An employee organization may file a petition for amendment of certification issued by the Commission for the purpose of recording a change in the name or in the affiliation of the exclusive representative.

(b) A petition for amendment of certification shall contain:

1. The name of the employer and the name of the certified employee organization involved;

2. The address of the public employer;

3. An identification and description of the existing certification;

4. A statement by the petitioner setting forth the reason for the desired amendment;

5. The name, the affiliation, if any, and the address of the petitioner;

6. Any other relevant facts; and

7. This dated and signed certification by the petitioner or its representative: "I declare that I have read the above petition and that the information is true to the best of my knowledge and belief."

(c) A petition for amendment of certification shall be supported by an affidavit attesting that the membership of the certified employee representative voted in favor of the change in name and affiliation. Such affidavit shall specify that:

1. The membership was given advance and adequate notice of the election, as evidenced by an attached copy of a notice of election and a statement of the date of the notice and the manner in which it was provided to members;

2. The election was conducted by secret ballot, as evidenced by an attached copy of the ballot, and was held within six months of the filing of the petition;

3. A majority voted in favor of the change in name and affiliation, as evidenced by a document setting forth the results; and

4. The organization's officers and the unit structure remain unchanged.

(d) A petition for amendment of certification will be served by the Director of Representation on all organizations that are part of a certified majority representative. Each organization will be given an opportunity to request intervention under 19:11-2.7. If intervention is permitted, the petition will be dismissed if any intervening organization objects to processing the petition.

N.J. Admin. Code § 19:11-1.6

As amended, R.1973 d.110, effective 5/10/1973.
See: 5 N.J.R. 61(a), 5 N.J.R. 171(c).
As amended, R.1974 d.127, effective 5/24/1974.
See: 6 N.J.R. 127(a), 6 N.J.R. 285(b).
As amended, R.1974 d.346, effective 12/18/1974.
See: 6 N.J.R. 456(b), 7 N.J.R. 35(d).
As amended, R.1974 d.347, eff. 12/18/1974.
See: 6 N.J.R. 456(a), 7 N.J.R. 36(a).
Amended by R.1995 d.488, effective 9/5/1995.
See: 27 N.J.R. 2544(b), 27 N.J.R. 3381(a).
Amended by R.2000 d.320, effective 8/7/2000.
See: 32 N.J.R. 1503(a), 32 N.J.R. 2926(b).
In (a), inserted "name or in the" preceding "affiliation".
Amended by R.2005 d.248, effective 8/1/2005.
See: 37 N.J.R. 961(a), 37 N.J.R. 2890(a).
Rewrote (c)1 through 3, and added (d).