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 6 - BINDING ARBITRATION TO REVIEW DISCIPLINARY TERMINATIONS, NOT INVOLVING ALLEGED CRIMINAL CONDUCT, OF NON-CIVIL SERVICE LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS
Section 19:12-6.2 - Special Disciplinary Arbitration Panel

N.J. Admin. Code § 19:12-6.2

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Current through Register Vol. 56, No. 17, September 3, 2024
Section 19:12-6.2 - Special Disciplinary Arbitration Panel
(a) The Commission shall maintain a Special Disciplinary Arbitration Panel to hear cases involving the disciplinary terminations of law enforcement officers and firefighters from a law enforcement agency or department that is not subject to the provisions of Title 11A of the New Jersey Statutes. Members of this panel must have experience and expertise as neutrals making decisions in employee discipline cases. Following a screening process as set forth in this section, they shall be appointed for three-year terms.
(b) To be eligible for appointment to the Special Disciplinary Arbitration Panel, an arbitrator applying for panel membership must:
1. Be a member of, or simultaneously apply for membership on, the Commission's panel of grievance arbitrators, 19:12-5.1; and
2. In the three years before applying for panel membership, not have served as an advocate for private or public sector labor or management.
(c) An applicant's qualifications shall be determined by an overall assessment of the following considerations:
1. Demonstrated experience and ability to decide cases involving the discipline of employees in a fair and objective manner. Experience shall be evaluated by a review of the cases where an applicant served as a grievance arbitrator, or in an analogous capacity, and the quality of the applicant's work product in those cases; and
2. The equivalent of three years of grievance arbitration experience. An applicant shall submit at least 10 awards or decisions written by the applicant, which shall have been well-reasoned, legally sound, and promptly issued. Special emphasis shall be given to New Jersey public sector discipline cases and awards or decisions in other jurisdictions in cases involving the discipline of members of the uniformed and public safety services.
(d) Every applicant shall complete an application form prepared by the Director of Arbitration. That form is designed to solicit information concerning the foregoing requirements and considerations. The form also allows an applicant the opportunity to submit any other information he or she deems relevant. The Director shall review all applications and make a recommendation to the Commission regarding each one within 60 days. The Commission shall notify an applicant in writing of any action taken upon an application.
(e) Members of the Special Disciplinary Arbitration Panel shall be guided by the objectives and principles set forth in the "Code of Professional Responsibility for Arbitrators of Labor-Management Disputes" of the National Academy of Arbitrators, the American Arbitration Association, and the Federal Mediation and Conciliation Service.
(f) This subsection concerns suspension, removal or discipline of members of the Special Disciplinary Arbitration Panel.
1. This subsection provides a procedure to be followed by the Commission in deciding whether to suspend, remove, or otherwise discipline an arbitrator during his or her three-year term.
2. If it appears that suspension, removal, or discipline may be warranted, the Director of Arbitration shall provide a written statement to the arbitrator specifying the reasons for the action being considered. The arbitrator shall have an opportunity to submit a prompt written response to the Director. The arbitrator shall also be given an opportunity to meet with the Director to discuss the matter.
3. If a suspension or removal is being contemplated, if the arbitrator requests a hearing, and if it appears to the Director that substantial and material facts are in dispute, the Director may designate a hearing officer to conduct a hearing and make findings of fact.
4. The Director may temporarily suspend an arbitrator from the panel pending any hearing.
5. After receiving the arbitrator's response, meeting with the arbitrator, and considering the facts found at any hearing, the Director may reprimand, suspend, or remove an arbitrator or may decide that no action is warranted. The Director shall send a written decision to the arbitrator.
6. Within 14 days of receiving the Director's decision, an arbitrator may file a written appeal with the Commission, specifying the grounds for disagreeing with the Director's decision.
7. A temporary suspension may continue pending that appeal.
8. The Commission or its designee may sustain, modify, or reverse the Director's action and shall provide the arbitrator with a written statement explaining the basis for that decision.

N.J. Admin. Code § 19:12-6.2