Statutes, codes, and regulations
New Jersey Administrative Code
Title 19 - OTHER AGENCIESPUBLIC EMPLOYMENT RELATIONS COMMISSIONChapter 12 - NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING
Subchapter 4 - FACT-FINDING AND SUPER CONCILIATION
Section 19:12-4.2 - Appointment of fact-finder

N.J. Admin. Code § 19:12-4.2

Download
PDF
Current through Register Vol. 56, No. 17, September 3, 2024
Section 19:12-4.2 - Appointment of fact-finder
(a) Upon the invocation of fact-finding pursuant to this subsection, the Director of Conciliation shall communicate simultaneously to each party an identical list of names of three fact-finders. Each party shall eliminate no more than one name to which it objects, indicate its preference regarding the remaining names, and communicate the foregoing to the Director of Conciliation no later than the close of business on the third working day after the date the list was submitted to the parties. If a party has not responded within the time specified, all names submitted shall be deemed acceptable. The Director of Conciliation shall appoint a fact-finder giving recognition to the parties' preferences. The parties may jointly request the appointment of a particular fact-finder, including the person who was appointed as mediator, if any. Notwithstanding the foregoing provisions, the Director of Conciliation shall have the express reserved authority to appoint a fact-finder without the submission of names to the parties, whenever he or she deems it necessary to effectuate the purposes of the act.
(b) The fact-finder appointed pursuant to this subchapter may be a member of the Commission, an officer or employee of the Commission, a member of the Commission's fact-finding panel, or any other fact-finder, all of whom shall be considered officers of the Commission for the purposes of assisting the parties to effect a voluntary settlement and/or making findings of fact and recommending the terms of settlement. If an appointed fact-finder cannot proceed pursuant to the appointment, another fact-finder shall be appointed. The appointment of a fact-finder pursuant to this subchapter shall not be reviewable.

N.J. Admin. Code § 19:12-4.2

Amended by R.1986 d.354, effective 9/8/1986.
See 18 New Jersey Register 1357(a), 18 New Jersey Register 1838(c).
Amended by R.1996 d.364, effective 8/5/1996.
See: 28 New Jersey Register 2797(a), 28 New Jersey Register 3813(a).