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 19:12-4.4 - Appointment of a super conciliator

N.J. Admin. Code § 19:12-4.4

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Current through Register Vol. 56, No. 17, September 3, 2024
Section 19:12-4.4 - Appointment of a super conciliator
(a) In proceedings conducted pursuant to the School Employees Contract Resolution and Equity Act, P.L. 2003, c. 126 (N.J.S.A. 34:13A-31et seq.), if the employer and the majority representative do not reach a voluntary negotiated agreement within 20 days after the issuance of the fact-finder's report, the public employer, the employee representative, or the parties jointly may request the Director of Conciliation, in writing, to invoke super conciliation. 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; and
3. Whether the request is a joint request.
(b) Forms for filing a petition to request a super conciliator 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) The parties may jointly request the appointment of a particular super conciliator, subject to the approval of the Director of Conciliation. Absent an approved joint request, the Director shall designate a super conciliator.
(d) The super conciliator 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 mediation or fact-finding panel, or any other super conciliator approved by the Director of Conciliation, all of whom shall be considered officers of the Commission for the purposes of assisting the parties to effect a voluntary settlement. If an appointed super conciliator cannot proceed pursuant to the appointment, another super conciliator shall be appointed. The appointment of a super conciliator pursuant to this subchapter is not reviewable.
(e) The super conciliator shall have the authority to exercise the powers granted by P.L. 2003, c. 126 to institute non-binding procedures deemed appropriate to resolve the parties' negotiations impasse.
(f) The super conciliator, while functioning in a mediatory capacity, shall not be required to disclose any files, records, reports, documents, or other papers classified as confidential which are received or prepared by him or her or to testify with regard to mediation conducted under the Act. Nothing contained in this section shall exempt an individual from disclosing information relating to the commission of a crime.

N.J. Admin. Code § 19:12-4.4

New Rule, R.2004 d.30, effective 1/20/2004.
See: 35 New Jersey Register 4049(a), 36 New Jersey Register 531(b).
Amended by 53 N.J.R. 1167(a), effective 7/6/2021