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 19:12-4.3 - Fact-finder's function

N.J. Admin. Code § 19:12-4.3

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Current through Register Vol. 56, No. 17, September 3, 2024
Section 19:12-4.3 - Fact-finder's function
(a) The appointed fact-finder shall, as soon as possible after appointment, meet with the parties or other representatives, make inquiries and investigations, hold hearings, which shall not be public unless all parties agree to have them public, or take other steps deemed appropriate in order to discharge his or her function.
(b) For the purposes of such hearings, investigations and inquiries, the fact-finder shall have the authority and power to subpoena witnesses, compel their attendance, administer oaths, take the testimony or deposition of any person under oath, issue subpoenas duces tecum and require the production and examination of any governmental or other books or papers relating to any matter under investigation by or in issue before the fact-finder.
(c) Information disclosed by a party to a fact-finder while functioning in a mediatory capacity shall not be divulged by the fact-finder voluntarily or by compulsion. All files, records, reports, documents or other papers received or prepared by a fact-finder while serving in a mediatory capacity shall be classified as confidential. The fact-finder shall not produce any confidential records of, or testify in regard to, any mediation conducted by him or her, on behalf of any party in any type of proceeding under the New Jersey Employer-Employee Relations Act, as amended, including, but not limited to, unfair practice proceedings under N.J.A.C. 19:14.
(d) If the impasse is not resolved, the fact-finder shall make findings of fact and recommend the terms of settlement as soon after the conclusion of the hearing as possible.
(e) Any findings of fact and recommended terms of settlement shall be submitted simultaneously in writing to the parties and the Director of Conciliation.
(f) All individually incurred costs shall be borne by the party incurring them. The cost of the services of the fact-finder, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, and any other necessary expenses of the fact-finding proceeding, shall be borne by the Commission unless mandated otherwise by subsequent legislation.
(g) The parties shall meet within five days after receipt of the fact-finder's findings of fact and recommended terms of settlement, to exchange statements of position and try to reach an agreement. In the event of a continuing impasse, the Commission or the Director of Conciliation may take whatever steps are deemed expedient to effect a voluntary settlement of the impasse, including the appointment of a super conciliator, where appropriate.

N.J. Admin. Code § 19:12-4.3

Amended by R.1991 d.424, effective 8/19/1991.
See: 23 New Jersey Register 1296(a), 23 New Jersey Register 2524(a).
Confidentiality requirements added at (c).
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 R.2004 d.30, effective 1/20/2004.
See: 35 New Jersey Register 4049(a), 36 New Jersey Register 531(b).
In (g), inserted "including the appointment of a super conciliator" at the end of the second sentence.
Amended by 53 N.J.R. 1167(a), effective 7/6/2021