N.J. Admin. Code § 19:16-4.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 19:16-4.3 - Fact-finder's function

(a) The appointed fact-finder shall, as soon as possible after appointment, meet with the parties or their representatives, make inquiries and investigations, hold hearings, which shall not be public unless all parties agree to have them public, or take other steps deemed appropriate in order to discharge the function of the fact-finder.

(b) For the purpose of such hearings, investigations and inquiries, the fact-finder shall have the authority and power to subpoena witnesses, compel their attendance, administer oaths, take the testimony or deposition of any person under oath, and in connection therewith, to issue subpoenas duces tecum and require the production and examination of any governmental or other books or papers relating to any matter under investigation by or in issue before the fact-finder.

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

(d) If the impasse is not resolved during fact-finding, the fact-finder shall make findings of fact and recommend the terms of settlement as soon after the conclusion of the process as possible.

(e) Any findings of fact and recommended terms of settlement shall be limited to those issues that are within the required scope of negotiations, unless the parties have agreed to submit issues to the fact-finder which involved permissive subjects of negotiations.

(f) Any findings of fact and recommended terms of settlement shall be submitted simultaneously in writing to the parties privately and to the Director of Conciliation and Arbitration.

(g) The parties shall meet within five days after receipt of the fact-finder's findings of fact and recommended terms of settlement, to exchange statements of position and to have an opportunity to reach an agreement.

N.J. Admin. Code § 19:16-4.3

Amended by R.1991 d.425, effective 8/19/1991.
See: 23 N.J.R. 1296(b), 23 N.J.R. 2525(a).
Reference to the New Jersey Employer-Employee Relations Act added.
Amended by R.1996 d.240, effective 5/20/1996.
See: 28 N.J.R. 1493(a), 28 N.J.R. 2567(a).
Deleted provisions relating to costs.
Amended by R.1996 d.365, effective 10/21/1996.
See: 28 N.J.R. 2801(a), 28 N.J.R. 4598(a).
Amended by R.2012 d.166, effective 10/1/2012.
See: 44 N.J.R. 562(a), 44 N.J.R. 2304(a).
In (f), inserted "and Arbitration".