N.J. Admin. Code § 19:12-4.1

Current through Register Vol. 56, No. 17, September 3, 2024

Section 19:12-4.1 - Initiation of fact-finding

(a) Upon a mediator's report of a failure to resolve the impasse by mediation, the Director of Conciliation may invoke fact-finding with recommendations for settlement and appoint a fact-finder. The public employer, the employee representative, or the parties jointly, may request the Director of Conciliation, in writing, to invoke fact-finding. An original and four copies of such request shall be filed, and shall be signed and dated and shall contain the following information.

1. The name and address of the public employer who is a party to the collective negotiations; the name, address, telephone number, and title of its representative to be contacted; and the name, address and telephone number of any attorney/consultant representing the public employer;

2. The name and address of the exclusive representative who is a party to the collective negotiations; the name, address, telephone number, and title of its representative to be contacted; and the name, address and telephone number of any attorney/consultant representing the employee representative;

3. The name of the mediator;

4. The number and duration of mediation sessions;

5. The date of the last mediation effort;

6. The unresolved issues to be submitted to a fact-finder; and

7. Whether the request is a joint request.

(b) A form for filing a request for invocation of fact-finding may be downloaded from the Commission's website at: http://www.state.nj.us/perc/conciliation/forms/ or will be supplied, upon request, addressed to: Public Employment Relations Commission, PO Box 429, Trenton, New Jersey 08625-0429.

(c) In the absence of a joint request seeking the invocation of fact-finding, the non-filing party may submit a statement or response within seven days of receipt of the request for fact-finding, setting forth the following:

1. Any additional unresolved issues to be submitted to the fact-finder;

2. A statement as to whether it refuses to submit any of the issues listed on the request to invoke fact-finding on the ground that they are not within the required scope of negotiations; and

3. Any other relevant information with respect to the nature of the impasse.

(d) Proof of service on the petitioner of the respondent's statement shall be supplied to the Director of Conciliation. If a party has not submitted a response within the time specified, it shall be deemed to have agreed to the invocation of fact-finding as submitted by the requesting party.

N.J. Admin. Code § 19:12-4.1

Amended by R.1996 d.364, effective 8/5/1996.
See: 28 New Jersey Register 2797(a), 28 New Jersey Register 3813(a).

Amended by 53 N.J.R. 1167(a), effective 7/6/2021