N.J. Admin. Code § 19:12-7.2

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

Section 19:12-7.2 - Resolution of collective negotiations impasses over access to employees

(a) If the parties are unable to reach agreement within 30 calendar days from the commencement of negotiations in accordance with N.J.S.A. 34:13A-5.13gregarding access to, and communications with, negotiations unit members, the exclusive employee organization, or the public employer may file a petition with the Public Employment Relations Commission to resolve the negotiations dispute.

1. Forms for filing a request for the appointment of an arbitrator to resolve a negotiations impasse regarding access to, and communications with, negotiations unit members will be supplied upon request. Address requests to: Public Employment Relations Commission, PO Box 429, Trenton, New Jersey 08625-0429. The form is also available on the Commission's website: www.state.nj.us/perc.

(b) The Commission shall create an arbitration panel drawn from experienced members of its grievance arbitration panel who indicate a willingness to resolve negotiations impasses through voluntary mediation or the issuance of a binding award concerning disputes about proposed contract language pertaining to access to, and communications with, negotiations unit members as set forth in N.J.S.A. 34:13A-5.13a through f.

(c) The Director of Conciliation and Arbitration shall assign arbitrators to cases, who:

1. May resolve the dispute through voluntary mediation; or

2. Shall issue a binding award resolving the parties' negotiations disputes consistent with N.J.S.A. 34:13A-5.13a through f.

(d) The arbitrator shall charge a fee pursuant to a per diem fee schedule as set forth in the arbitrator's Commission grievance arbitration panel resume.

(e) The arbitrator's fees and expenses shall be borne equally by the parties.

(f) The arbitrator 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.

(g) Information disclosed by a party to an arbitrator while functioning in a mediatory capacity shall not be divulged by the arbitrator voluntarily or by compulsion. All files, records, reports, documents, or other papers received or prepared by an arbitrator while serving in a mediatory capacity shall be classified as confidential. The arbitrator shall not produce any confidential records of, or testify in regard to, any mediation conducted by the arbitrator, 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.

(h) The conduct of the arbitration proceeding shall be under the exclusive jurisdiction and control of the arbitrator.

(i) The arbitrator, after appointment, shall communicate with the parties to arrange for a date, time, and place for a hearing. In the absence of an agreement, the arbitrator shall have the authority to set the date, time, and place for a hearing. The arbitrator shall submit a written notice containing arrangements for a hearing within a reasonable time period before the hearing.

(j) The arbitrator shall have the authority to grant adjournments for good cause shown, upon either party's application or the arbitrator's own motion.

(k) The arbitrator, after duly scheduling the hearing, shall have the authority to proceed in the absence of any party who, having failed to obtain an adjournment, does not appear at the hearing. Such party shall be deemed to have waived its opportunity to provide argument and evidence.

(l) The arbitrator may administer oaths, conduct hearings, and require the attendance of such witnesses and the production of such books, papers, contracts, agreements, and documents as the arbitrator may deem material to a just determination of the issues in dispute, and for such purpose may issue subpoenas and shall entertain any motions to quash such subpoenas. Any hearings conducted shall not be public unless all parties agree to have them public.

(m) The parties, at the discretion of the arbitrator, may file post-hearing briefs. The arbitrator, after consultation with the parties, shall have the authority to set a time period for the submission of briefs. The parties shall not be permitted to introduce any new factual material in the post-hearing briefs, except upon special permission of the arbitrator.

N.J. Admin. Code § 19:12-7.2

Adopted by 52 N.J.R. 201(a), effective 2/18/2020