N.J. Admin. Code § 19:19-3.6

Current through Register Vol. 56, No. 19, October 7, 2024

Section 19:19-3.6 - Investigation; disposition

(a) A Commission designee shall conduct an investigation. The designee may ask the parties to attend informal conferences and to submit additional documents, statements of position, or briefs on material legal issues.

(b) In addition, the designee may hold a hearing if it appears that there are substantial and material factual issues requiring a hearing to resolve. Such a hearing shall be governed by the provisions of N.J.A.C. 19:11-6 on representation proceedings, insofar as applicable.

(c) After the investigation or hearing, the designee shall issue written findings as to whether a majority of the negotiations unit employees are voluntary dues paying members of the majority representative and whether the majority representative maintains a demand and return system as required by 34:13A-5.5 and 5.6 and either:

1. Request the petitioner to withdraw the petition, or in the absence of withdrawal, dismiss the petition, pursuant to 19:19-3.2;

2. Order the public employer to institute a payroll deduction of the representation fee in lieu of dues from the wages or salaries of the negotiations unit employees who are not members of the majority representative; or

3. Take other measures the designee deems appropriate.

N.J. Admin. Code § 19:19-3.6