N.J. Admin. Code § 19:12-7.3

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

Section 19:12-7.3 - Award

(a) The arbitrator shall issue an award as soon as possible after the close of the record, but not more than 45 days thereafter.

(b) An arbitrator may not extend the timeline for issuing a written award without approval from the Director of Conciliation and Arbitration (Director), or his or her designee. Extension requests shall be in writing and filed before the 35th day. The Director, or his or her designee, shall respond to extension requests within five days of receipt.

(c) The award shall be in writing and shall be submitted to the parties simultaneously, and electronically to the Public Employment Relations Commission.

(d) Where relevant, the arbitrator may take into account the following factors:

1. The interests and welfare of the public;

2. Any stipulations of the parties;

3. The lawful authority of the employer;

4. The financial impact on the employer;

5. Comparability;

6. Existing provisions bearing on the exclusive representative's access to employees, whether set by past practice, contract, statute, or case law ; and

7. Any other factors the arbitrator identifies as relevant.

(e) The award or a voluntary settlement must provide that language on the subjects covered by N.J.S.A. 34:13A- 5.15.a through f be incorporated into the parties' collective negotiations agreement.

N.J. Admin. Code § 19:12-7.3

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