N.J. Admin. Code § 19:13-3.2

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:13-3.2 - Suspension of case processing during interest arbitration proceedings

(a) When a petition to initiate compulsory interest arbitration pursuant to 34:13A-16 et seq. and N.J.A.C. 19:16 has been filed, the Commission will suspend the processing of any scope of negotiations petition involving issue(s) in dispute in the interest arbitration proceeding.

(b) This procedure will apply to:

1. Scope of negotiations petitions filed prior to the filing of a petition to initiate compulsory interest arbitration that have not yet been decided by the Commission;

2. Scope of negotiations petitions filed concurrently with the filing of an interest arbitration petition; and

3. Scope of negotiations petitions filed by the non-petitioning party within the five day time limit set by 34:13A-16.d(2) to file a response to a petition to initiate compulsory interest arbitration.

(c) The Commission will resume processing of a scope of negotiations petition:

1. As part of an appeal from an interest arbitration award, provided that the award includes issue(s) that were asserted to be non-negotiable in the scope of negotiations petition; or

2. Where the parties have entered into a voluntary settlement establishing the terms of a successor collective negotiations agreement and have agreed, in writing, to seek a decision on issue(s) that were asserted to be non-negotiable in the scope of negotiations petition.

(d) Unless the conditions described in (c)1 and 2 are present, after the issuance of an interest arbitration award or a voluntary settlement establishing the terms of a successor collective negotiations agreement the Commission will not, absent special circumstances as contemplated by 19:13-2.2(a)4 iv, determine the negotiability of any issue raised in any scope of negotiations petition filed in accordance with (b) above.

N.J. Admin. Code § 19:13-3.2

New Rule, R.2011 d.238, effective 9/6/2011.
See: 43 N.J.R. 1189(a), 43 N.J.R. 2370(a).
Former N.J.A.C. 19:13-3.2, Intervention, recodified to N.J.A.C. 19:13-3.3.