N.J. Admin. Code § 19:11-2.3

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:11-2.3 - Withdrawal or dismissal of petition

(a) If the Director of Representation determines after an investigation that any petition has not been timely filed; or, in a petition for certification or decertification, that no valid question concerning the representation of employees exists in a prima facie appropriate unit; or, in a petition for clarification of unit, that there is no dispute concerning the composition of the unit of public employees, the Director may request the party filing such a petition to withdraw the petition without prejudice or, in the absence of such withdrawal, within a reasonable time may dismiss the petition.

(b) If it appears to the Director of Representation or the assigned hearing officer that the petitioner has no further interest in processing its petition, the Director or the hearing officer may request the party filing such a petition to withdraw the petition without prejudice or, in the absence of such a withdrawal, may dismiss the petition within a reasonable time and after appropriate notice.

(c) Within 15 days after the date a petition has been dismissed, a petitioner may file a motion to reopen with the Director of Representation. The petitioner shall file an original and two copies of such motion, together with proof of service of a copy on all other parties. Any party opposing the motion may file an original and two copies of its response within five days of receipt of the motion, together with proof of service of a copy on all other parties. The motion may be granted based on a showing of extraordinary circumstances or to prevent an injustice.

N.J. Admin. Code § 19:11-2.3