N.J. Admin. Code § 19:11-2.7

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:11-2.7 - Intervention

(a) Any party seeking to intervene in a representation proceeding must submit a written request to the Director of Representation.

(b) To intervene in a proceeding initiated by a petition for certification, an incumbent employee organization must submit either:

1. Evidence that it is currently certified or recognized in accordance with 19:11-3.1 (Recognition as exclusive representative) as the exclusive representative of any of the employees sought by the petition; or

2. A current or recently expired collective negotiations agreement covering any of the petitioned-for employees.

(c) An employee organization other than the incumbent representative seeking to intervene in a proceeding initiated by a petition for certification must submit a showing of interest of not less than 10 percent of the employees in the petitioned-for unit or not less than 30 percent of the employees in the unit it claims to be appropriate if it seeks to represent a unit different from that sought by the petitioner.

(d) To intervene in a proceeding initiated by a petition for decertification, the incumbent representative must submit evidence as set forth in (b)1 or 2 above, and express in writing its continued interest in representing the unit of employees named in the petition. Whenever the incumbent representative fails to intervene pursuant to this subsection, the Director may, upon adequate notice, determine without an election that the incumbent organization is no longer the majority representative.

(e) To intervene in a proceeding initiated by a petition for clarification of unit, an employee organization must submit either:

1. Evidence that it is the currently certified or recognized representative of any of the employees named in the petition; or

2. A current or recently expired collective negotiations agreement covering any of the employees named in the petition.

(f) To intervene in a proceeding initiated by a petition for amendment of certification, an employee organization must submit evidence that it is an organization that is part of the currently certified representative of the employees named in the petition.

(g) A request by an employee organization to intervene in a representation proceeding may be made at any time before:

1. The opening of a hearing held pursuant to 19:11-6.1 (Hearings); or

2. The issuance of a decision by the Director of Representation without a hearing, pursuant to 19:11-2.6 (Investigation of petition; disposition); or

3. Approval by the Director of Representation of an agreement for consent election, pursuant to N.J.A.C. 19:11- 4.1 (Agreement for consent election).

(h) A motion to intervene during a hearing shall comply with 19:11-6.9 (Motions), but shall not be granted unless it is accompanied by a valid showing of interest and upon good cause shown which reasonably prevented the moving party from having filed a timely notice to intervene.

N.J. Admin. Code § 19:11-2.7

R.1974 d.344, eff. 12/18/1974.
See: 6 New Jersey Register 457(a), 7 New Jersey Register 35(b).
Amended by R.1995 d.488, effective 9/5/1995.
See: 27 New Jersey Register 2544(b), 27 New Jersey Register 3381(a).
Amended by R.2000 d.320, effective 8/7/2000.
See: 32 New Jersey Register 1503(a), 32 New Jersey Register 2926(b).
Rewrote the section.
Amended by R.2005 d.248, effective 8/1/2005.
See: 37 New Jersey Register 961(a), 37 New Jersey Register 2890(a).
Added new (f), recodified existing (f)-(g) as (g)-(h).