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Chapter 13A
New Jersey Employer-Employee Relations Act
(Current as of March 31, 2022)
§ 34:13A-1. Short title [New Jersey Employer-Employee Relations
Act] ..................................................................................................... 3
§ 34:13A-2. Declaration of policy ....................................................... 3
§ 34:13A-3. Definitions ....................................................................... 3
§ 34:13A-4. State Board of Mediation; establishment; membership . 3
§ 34:13A-5. Objective ......................................................................... 4
§ 34:13A-5.1. Establishment of division of public employment
relations and division of private employment dispute settlement..... 4
§ 34:13A-5.2. Public Employment Relations Commission .................. 5
§ 34:13A-5.3. Employee organizations; right to form or join;
collective negotiations; grievance procedures ................................... 5
§ 34:13A-5.4. Prohibitions relative to public employees, employee
organizations, their representatives, agents ...................................... 6
§ 34:13A-5.5. Representation fee in lieu of dues ............................... 7
§ 34:13A-5.6. Representation fee in lieu of dues by payroll deduction
............................................................................................................ 8
§ 34:13A-5.7. Discrimination between nonmembers and members
on basis of payment of fee; unfair practice ........................................ 8
§ 34:13A-5.8. Payment to majority representative ............................ 8
§ 34:13A-5.9. Rules and regulations ................................................... 8
§ 34:13A-5.10. Findings, declarations relative to collective
negotiations units for Executive Branch employees ........................... 9
§ 34:13A-5.11. Short title [Workplace Democracy Enhancement
Act] ..................................................................................................... 9
§ 34:13A-5.12. Findings, declarations relative to public employment
relations .............................................................................................. 9
§ 34:13A-5.13. Access to members of negotiations units .................. 9
§ 34:13A-5.14. Certain actions of public employer relative to
negotiations unit members prohibited ............................................. 10
§ 34:13A-5.15. Inclusion in negotiations unit ................................... 10
[New Jersey Employer-Employee Relations Act; in general,
continued] ........................................................................................ 11
§ 34:13A-6. Powers and duties ......................................................... 11
§ 34:13A-6.1. Priority of reorganization plan of department of labor
and industry ...................................................................................... 12
§ 34:13A-7. Arbitration ..................................................................... 12
§ 34:13A-8. Strikes ............................................................................ 12
§ 34:13A-8.1. Effect of act upon prior agreements or upon pension
statutes ............................................................................................. 12
§ 34:13A-8.2. Filed contracts in public employment ........................ 12
§ 34:13A-8.3. Development and maintenance of programs............. 12
§ 34:13A-9. Personnel; compensation .............................................. 12
§ 34:13A-10. Disqualifications .......................................................... 13
§ 34:13A-10.1. Board members; participation; membership or
employment in other agencies ......................................................... 13
§ 34:13A-11. Rules ........................................................................... 13
§ 34:13A-12. Construction ............................................................... 13
§ 34:13A-13. Separability of provisions ............................................ 13
§ 34:13A-14. Findings, declarations relative to compulsory
arbitration procedure ................................................................... 13
§ 34:13A-14a. Short title [Police and Fire Public Interest Arbitration
Reform Act] ...................................................................................... 14
§ 34:13A-15. Definitions ................................................................... 14
§ 34:13A-16. Negotiations between public fire, police department
and exclusive representative; unfair practice charge; negotiation;
fact-finding; arbitration .................................................................... 14
§ 34:13A-16.1. Annual continuing education program for arbitrators
......................................................................................................... 17
§ 34:13A-16.2. Guidelines for determining comparability of
jurisdictions ...................................................................................... 17
§ 34:13A-16.3. Fee schedule; commission’s costs ............................ 17
§ 34:13A-16.4. Biennial reports ........................................................ 17
§ 34:13A-16.5. Rules, regulations ..................................................... 17
§ 34:13A-16.6. Survey of private sector wage increases .................. 17
§ 34:13A-16.7. Definitions relative to police and fire arbitration;
limitation on awards ........................................................................ 18
§ 34:13A-16.8. Police and Fire Public Interest Arbitration Impact Task
Force................................................................................................. 18
§ 34:13A-16.9. Effective date ........................................................... 19
§ 34:13A-17. Powers of arbitrator .................................................... 19
§ 34:13A-18. Limitations on finding, opinion, order of arbitrator .... 19
§ 34:13A-19. Decision; enforcement; venue; effective date of award;
amendment or modification ............................................................ 19
§ 34:13A-20. [Repealed] ................................................................... 19
§ 34:13A-21. Change in conditions during pendency of proceedings;
prohibition without consent ............................................................ 19
[An act concerning collective bargaining and public school
employees; arbitration for certain non-teaching school staff] ...... 20
§ 34:13A-22. Definitions ................................................................... 20
§ 34:13A-23. Assignment to extracurricular activities; subject to
collective negotiations ..................................................................... 20
§ 34:13A-24. Imposition of minor discipline .................................... 20
§ 34:13A-25. Transfer of employees ................................................ 20
§ 34:13A-26. Withholding increment for disciplinary reasons ......... 20
§ 34:13A-27. Resolution of disputes ................................................ 21
§ 34:13A-28. Additional rights .......................................................... 21
§ 34:13A-29. Grievance procedures; binding arbitration ................. 21
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[An act concerning public employee labor organizations] ............. 21
§ 34:13A-30. Employment with public employee labor organizations,
certain; prohibited ............................................................................ 21
§ 34:13A-31. Short title [School Employees Contract Resolution and
Equity Act] ........................................................................................ 22
§ 34:13A-32. Definitions relative to school employee collective
negotiations ...................................................................................... 22
§ 34:13A-33. Terms, conditions of employment under expired
agreements ....................................................................................... 22
§ 34:13A-34. Participation in mandatory fact finding; report;
appointment of super conciliator ..................................................... 22
§ 34:13A-35. Investigatory proceedings ........................................... 22
§ 34:13A-36. Final report .................................................................. 23
§ 34:13A-37. Confidentiality; exceptions .......................................... 23
§ 34:13A-38. Report to Governor, Legislature .................................. 23
§ 34:13A-39. Rules, regulations ........................................................ 23
[An act concerning employee assistance programs for certain
public employees] ............................................................................ 23
§ 34:13A-40. Definitions relative to employee assistance programs
for certain public employees ............................................................ 23
§ 34:13A-41. Employee assistance programs; licensure,
establishment ................................................................................... 23
§ 34:13A-42. Prohibited actions by public employer ........................ 23
§ 34:13A-43. Confidentiality; waivers ............................................... 24
[An act concerning collective bargaining agreements and
subcontracting by any local or regional school district, educational
services commission, jointure commission, county special services
school district, county college, or board or commission under the
authority of the Commissioner of Education or the State Board of
Education] ........................................................................................ 24
§ 34:13A-44. Definitions relative to collective bargaining agreements
and subcontracting ........................................................................... 24
§ 34:13A-45. Subcontracting mandatory subjects of negotiations,
exceptions ........................................................................................ 24
§ 34:13A-46. Employer entering into subcontract agreement, terms,
conditions ......................................................................................... 24
§ 34:13A-47. Rights of displaced employee ...................................... 25
§ 34:13A-48. Violation, unfair practice; remedies ............................ 25
§ 34:13A-49. Construction of act ...................................................... 25
[An act concerning collective bargaining agreements and
subcontracting by a State college or university established
pursuant to chapter 64 of Title 18A of the New Jersey Statutes or a
public research university] .............................................................. 25
§ 34:13A-50. Definitions relative to collective bargaining ................ 25
§ 34:13A-51. Mandatory subjects of negotiations ........................... 25
§ 34:13A-52. Subcontracting agreement conditions ........................ 25
§ 34:13A-53. Replaced, displaced employee; seniority retained ...... 26
§ 34:13A-54. Unfair practice charge ................................................. 26
§ 34:13A-55. Purpose of act ............................................................. 26
§ 34:13A-56. Short title [Responsible Collective Negotiations Act] 26
§ 34:13A-57. Findings, declarations ................................................. 26
§ 34:13A-58. Definitions ................................................................... 26
§ 34:13A-59. Collective negotiations, resolution of disputes,
employment terms, conditions ........................................................ 26
§ 34:13A-60. Communications related to grievances, confidential
disciplinary disputes ......................................................................... 27
§ 34:13A-60.1. Excluded entities ...................................................... 27
§ 34:13A-61. Cost of representation in case of employee who does
not pay dues to majority representative .......................................... 28
§ 34:13A-62. Collective negotiations agreement parties, authority,
arbitration ........................................................................................ 28
§ 34:13A-63. Majority representative election, certification;
electronic signature .......................................................................... 28
§ 34:13A-64. Violation, unfair practice charge; scheduling of hearings
......................................................................................................... 28
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§ 34:13A-1. Short title [New Jersey Employer-Employee Relations
Act]
This act shall be known and may be cited as “New Jersey Employer-
Employee Relations Act.”
L. 1941, c. 100, p. 228, § 1; Amended by L. 1968, c. 303, § 2, eff. July
1, 1968.
§ 34:13A-2. Declaration of policy
It is hereby declared as the public policy of this State that the best
interests of the people of the State are served by the prevention or
prompt settlement of labor disputes, both in the private and public
sectors; that strikes, lockouts, work stoppages and other forms of
employer and employee strife, regardless where the merits of the
controversy lie, are forces productive ultimately of economic and
public waste; that the interests and rights of the consumers and the
people of the State, while not direct parties thereto, should always
be considered, respected and protected; and that the voluntary
mediation of such public and private employer-employee disputes
under the guidance and supervision of a governmental agency will
tend to promote permanent, public and private employer-employee
peace and the health, welfare, comfort and safety of the people of
the State. To carry out such policy, the necessity for the enactment
of the provisions of this act is hereby declared as a matter of
legislative determination.
L. 1941, c. 100, p. 228, 2; Amended by L. 1968, c. 303, 3, eff. July 1,
1968.
§ 34:13A-3. Definitions
When used in this act:
(a) The term “board” shall mean New Jersey State Board of
Mediation.
(b) The term “commission” shall mean New Jersey Public
Employment Relations Commission.
(c) The term “employer” includes an employer and any person
acting, directly or indirectly, on behalf of or in the interest of an
employer with the employer’s knowledge or ratification, but a labor
organization, or any officer or agent thereof, shall be considered an
employer only with respect to individuals employed by such
organization. This term shall include “public employers” and shall
mean the State of New Jersey, or the several counties and
municipalities thereof, or any other political subdivision of the State,
or a school district, or any special district, or any authority,
commission, or board, or any branch or agency of the public service.
(d) The term “employee” shall include any employee, and shall not
be limited to the employees of a particular employer unless this act
explicitly states otherwise, and shall include any individual whose
work has ceased as a consequence of or in connection with any
current labor dispute or because of any unfair labor practice and
who has not obtained any other regular and substantially equivalent
employment. This term, however, shall not include any individual
taking the place of any employee whose work has ceased as
aforesaid, nor shall it include any individual employed by his parent
or spouse, or in the domestic service of any person in the home of
the employer, or employed by any company owning or operating a
railroad or railway express subject to the provisions of the Railway
Labor Act (45 U.S.C. § 151 et seq.). This term shall include any public
employee, i.e., any person holding a position, by appointment or
contract, or employment in the service of a public employer, except
elected officials, members of boards and commissions, managerial
executives and confidential employees.
(e) The term “representative” is not limited to individuals but shall
include labor organizations, and individual representatives need not
themselves be employed by, and the labor organization serving as a
representative need not be limited in membership to the employees
of, the employer whose employees are represented. This term shall
include any organization, agency or person authorized or designated
by a public employer, public employee, group of public employees,
or public employee association to act on its behalf and represent it
or them.
(f) “Managerial executives” of a public employer, in the case of the
State of New Jersey, means persons who formulate management
policies and practices, but shall not mean persons who are charged
with the responsibility of directing the effectuation of such
management policies and practices, except that, in the case of the
Executive Branch of the State of New Jersey, “managerial executive”
shall include only personnel at or above the level of assistant
commissioner.
In the case of any public employer other than the State of New
Jersey, “managerial executives” of a public employer means persons
who formulate management policies and practices, and persons
who are charged with the responsibility of directing the effectuation
of such management policies and practices, except that in any
school district this term shall include only the superintendent or
other chief administrator, and the assistant superintendent of the
district.
(g) “Confidential employees” of a public employer means
employees whose functional responsibilities or knowledge in
connection with the issues involved in the collective negotiations
process would make their membership in any appropriate
negotiating unit incompatible with their official duties.
“Confidential employees” of the State of New Jersey means
employees who have direct involvement in representing the State in
the collective negotiations process making their membership in any
appropriate negotiating unit incompatible with their official duties.
L. 1941, c. 100, p. 228, § 3; Amended by 1941, c. 299, p. 812, § 1;
1968, c. 303, § 4, eff. July 1, 1968; 1974, c. 123, § 2; 2009, c. 314, § 1,
eff. Jan. 18, 2010.
§ 34:13A-4. State Board of Mediation; establishment; membership
There is hereby established in the Department of Labor and Industry
a board to be known as the New Jersey State Board of Mediation.
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The membership of such board shall consist of seven persons to be
appointed by the Governor, by and with the advice and consent of
the Senate. Of such members, two shall be representative of
employees, two shall be representative of employers and three shall
be representative of the public. Of the members first appointed, one
shall be appointed for a term of 1 year; two for a term of 2 years and
two for a term of 3 years. Of the two additional members provided
for by this amendment, the original appointees shall hold office for 2
years. Their successors shall be appointed for terms of 3 years. The
chairman of the board shall be a member who shall have been
designated a representative of the public and who shall be named as
chairman by the Governor: the chairman so named shall serve as
chairman during his term as a member of the board. A vacancy
occurring in the membership of the board for any cause, other than
expiration of term, shall be filled by the Governor and the person so
appointed shall hold office for the unexpired term of the member
whose office has become vacant.
Of the members whose terms have not expired, the Governor shall
designate each as a representative of either employees or
employers or the public, which designation shall be filed with the
Secretary of State, and all appointments hereafter made shall
include a designation indicating that such appointee is to be a
representative of employees, employers or the public, as the case
may be.
For the purpose of complying with the provisions of Article V,
Section IV, paragraph 1 of the New Jersey Constitution, the New
Jersey State Board of Mediation is hereby allocated within the
Department of Labor and Industry and assigned for administrative
purposes to the Assistant Commissioner of Labor for Labor Relations
and Work Place Standards, but notwithstanding said allocation and
assignment, the board shall be independent of any supervision or
control by the department or by any board or officer thereof.
L. 1941, c. 100, p. 229, 4; Amended by L. 1945, c. 32, p. 88, 1; L.
1973, c. 326, 1, eff. Dec. 18, 1973.
§ 34:13A-5. Objective
It shall be the objective of the board hereby established to take such
steps as will most effectively and expeditiously carry out the policy
declared in section two of this act and the powers and duties
conferred and imposed upon the board by this act or by law shall at
all times be performed and discharged with the accomplishment of
such objective as the ultimate goal.
L. 1941, c. 100, p. 230, 5.
§ 34:13A-5.1. Establishment of division of public employment
relations and division of private employment dispute settlement
There is hereby established a Division of Public Employment
Relations and a Division of Private Employment Dispute Settlement.
(a) The Division of Public Employment Relations shall be concerned
exclusively with matters of public employment related to
determining negotiating units, elections, certifications and
settlement of public employee representative and public employer
disputes and grievance procedures. For the purpose of complying
with the provisions of Article V, Section IV, paragraph 1 of the New
Jersey Constitution, the Division of Public Employment Relations is
hereby allocated within the Department of Labor and Workforce
Development, and located in the city of Trenton, but
notwithstanding said allocation, the office shall be independent of
any supervision or control by the department or by any board or
officer thereof.
(b) The Division of Private Employment Dispute Settlement shall
assist the New Jersey State Board of Mediation in the resolution of
disputes in private employment. The New Jersey State Board of
Mediation, its objectives and the powers and duties granted by this
act and the act of which this act is amendatory and supplementary
shall be concerned exclusively with matters of private employment
and the office shall continue to be located in the city of Newark.
(c) In the case of a private employer not regulated by the National
Labor Relations Board pursuant to the National Labor Relations Act
(29 U.S.C. § 151 et seq.), the New Jersey State Board of Mediation
shall designate a representative for a unit of employees of the
private employer for the purposes of collective bargaining when:
(1) In any case in which the board determines that only one
employee organization is seeking to be the majority representative,
that organization demonstrates that a majority of employees in the
unit have shown their preference to have that organization be their
representative by signing authorization cards indicating that
preference; or
(2) The employees in the unit have selected a representative by an
election that conforms with the procedures outlined in section 159
of the National Labor Relations Act (29 U.S.C. § 159).
For the purposes of paragraph (1) of this subsection, an
authorization card indicating preference shall not be valid unless it is
printed in a language understood by the employee who signs it.
Any employer who refuses to provide information requested by the
New Jersey State Board of Mediation or otherwise acts to prevent
the board from carrying out its responsibilities pursuant to this
subsection (c) shall have violated this subsection and shall be liable
to a fine of not more than $1,000, to be recovered under the
“Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et
seq.) in the name of the board and to be used by the board for costs
of implementing this subsection. In addition, an employee
organization seeking to represent the employees of the employer
may institute an action in a court of competent jurisdiction to obtain
an injunction to restrain any continuation of the violation, to
reimburse the employee organization or any affected employee for
any damages caused by the violation plus reasonable costs and
attorney’s fees of the action.
The provisions of this subsection (c) shall not apply to religious or
parochial schools or their employees or to any private nonprofit
organization exempt from federal taxation under section 501 of the
Internal Revenue Code of 1986 (26 U.S.C. § 501).
(d) In the case of a private employer regulated by the National
Labor Relations Board pursuant to the National Labor Relations Act
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(29 U.S.C. § 151 et seq.), the New Jersey State Board of Mediation
shall, based on the mutual agreement of the private employer and
an organization seeking to represent employees of the employer,
designate a representative for a unit of employees of the private
employer for the purposes of collective bargaining when:
(1) In any case in which the board determines that only one
employee organization is seeking to be the majority representative,
that organization demonstrates, in a manner mutually agreed upon
by the representative and the employer, that a majority of
employees in the unit have shown their preference to have that
organization be their representative by signing authorization cards
indicating that preference; or
(2) the employees in the unit have selected the representative by an
election that conforms with the procedures outlined in section 159
of the National Labor Relations Act (29 U.S.C. § 159).
(e) For the purposes of subsections (c) and (d) of this section,
“employee unit” means an appropriate group of employees for the
purposes of collective bargaining as determined, if necessary, by the
New Jersey State Board of Mediation.
L. 1968, c. 303, § 5; amended 1973, c. 326, § 2; 2005, c. 161, § 1, eff.
July 19, 2005.
§ 34:13A-5.2. Public Employment Relations Commission
There is hereby established in the Division of Public Employment
Relations a commission to be known as the New Jersey Public
Employment Relations Commission. This commission, in addition to
the powers and duties granted by this act, shall have in the public
employment area the same powers and duties granted to the labor
mediation board in sections 7 and 10 of P.L. 1941, c. 100, and in
sections 2 and 3 of P.L. 1945, c. 32. This commission shall make
policy and establish rules and regulations concerning employer-
employee relations in public employment relating to dispute
settlement, grievance procedures and administration including
enforcement of statutory provisions concerning representative
elections and related matters and to implement fully all the
provisions of this act. The commission shall consist of seven
members to be appointed by the Governor, by and with the advice
and consent of the Senate. Of such members, two shall be
representative of public employers, two shall be representative of
public employee organizations and three shall be representative of
the public including the appointee who is designated as chairman.
Of the first appointees, two shall be appointed for two years, two for
a term of three years and three, including the chairman, for a term
of four years. Their successors shall be appointed for terms of three
years each, and until their successors are appointed and qualified,
except that any person chosen to fill a vacancy shall be appointed
only for the unexpired term of the member whose office has
become vacant.
The members of the commission, other than the chairman, shall be
compensated at the rate of $250.00 for each six hour day spent in
attendance at meetings and consultations and shall be reimbursed
for necessary expenses in connection with the discharge of their
duties except that no commission member who receives a salary or
other form of compensation as a representative of any employer or
employee group, organization or association, shall be compensated
by the commission for any deliberations directly involving members
of said employer or employee group, organization or association.
Compensation for more, or less than, six hours per day, shall be
prorated in proportion to the time involved.
The chairman of the commission shall be its chief executive officer
and administrator, shall devote his full time to the performance of
his duties as chairman of the Public Employment Relations
Commission and shall receive such compensation as shall be
provided by law.
L. 1968, c. 303, § 6; amended 1974, c. 123, § 3; 1987, c. 456.
§ 34:13A-5.3. Employee organizations; right to form or join;
collective negotiations; grievance procedures
Except as hereinafter provided, public employees shall have, and
shall be protected in the exercise of, the right, freely and without
fear of penalty or reprisal, to form, join and assist any employee
organization or to refrain from any such activity; provided, however,
that this right shall not extend to elected officials, members of
boards and commissions, managerial executives, or confidential
employees, except in a school district the term managerial executive
shall mean the superintendent of schools or his equivalent, nor,
except where established practice, prior agreement or special
circumstances dictate the contrary, shall any supervisor having the
power to hire, discharge, discipline, or to effectively recommend the
same, have the right to be represented in collective negotiations by
an employee organization that admits nonsupervisory personnel to
membership, and the fact that any organization has such
supervisory employees as members shall not deny the right of that
organization to represent the appropriate unit in collective
negotiations; and provided further, that, except where established
practice, prior agreement, or special circumstances dictate the
contrary, no policeman shall have the right to join an employee
organization that admits employees other than policemen to
membership. The negotiating unit shall be defined with due regard
for the community of interest among the employees concerned, but
the commission shall not intervene in matters of recognition and
unit definition except in the event of a dispute.
Representatives designated or selected by public employees for the
purposes of collective negotiation by the majority of the employees
in a unit appropriate for such purposes, by the majority of the
employees voting in an election conducted by the commission as
authorized by this act or, at the option of the representative in a
case in which the commission finds that only one representative is
seeking to be the majority representative, by a majority of the
employees in the unit signing authorization cards indicating their
preference for that representative, shall be the exclusive
representatives for collective negotiation concerning the terms and
conditions of employment of the employees in such unit. An
authorization card indicating preference shall not be valid unless it is
printed in a language understood by the employees who signs it.
Nothing herein shall be construed to prevent any official from
meeting with an employee organization for the purpose of hearing
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the views and requests of its members in such unit so long as (a) the
majority representative is informed of the meeting; (b) any changes
or modifications in terms and conditions of employment are made
only through negotiation with the majority representative; and (c) a
minority organization shall not present or process grievances.
Nothing herein shall be construed to deny to any individual
employee his rights under Civil Service laws or regulations. When no
majority representative has been selected as the bargaining agent
for the unit of which an individual employee is a part, he may
present his own grievance either personally or through an
appropriate representative or an organization of which he is a
member and have such grievance adjusted.
A majority representative of public employees in an appropriate unit
shall be entitled to act for and to negotiate agreements covering all
employees in the unit and shall be responsible for representing the
interest of all such employees without discrimination and without
regard to employee organization membership. Proposed new rules
or modifications of existing rules governing working conditions shall
be negotiated with the majority representative before they are
established. In addition, the majority representative and designated
representatives of the public employer shall meet at reasonable
times and negotiate in good faith with respect to grievances,
disciplinary disputes, and other terms and conditions of
employment. Nothing herein shall be construed as permitting
negotiation of the standards or criteria for employee performance.
When an agreement is reached on the terms and conditions of
employment, it shall be embodied in writing and signed by the
authorized representatives of the public employer and the majority
representative.
Public employers shall negotiate written policies setting forth
grievance and disciplinary review procedures by means of which
their employees or representatives of employees may appeal the
interpretation, application or violation of policies, agreements, and
administrative decisions, including disciplinary determinations,
affecting them, provided that such grievance and disciplinary review
procedures shall be included in any agreement entered into
between the public employer and the representative organization.
Such grievance and disciplinary review procedures may provide for
binding arbitration as a means for resolving disputes. Except as
otherwise provided herein, the procedures agreed to by the parties
may not replace or be inconsistent with any alternate statutory
appeal procedure nor may they provide for binding arbitration of
disputes involving the discipline of employees with statutory
protection under tenure or civil service laws, except that such
procedures may provide for binding arbitration of disputes involving
the minor discipline of any public employees protected under the
provisions of section 7 of P.L.1968, c.303 (C.34:13A-5.3), other than
public employees subject to discipline pursuant to R.S.53:1-10.
Grievance and disciplinary review procedures established by
agreement between the public employer and the representative
organization shall be utilized for any dispute covered by the terms of
such agreement. For the purposes of this section, minor discipline
shall mean a suspension or fine of less than five days unless the
employee has been suspended or fined an aggregate of 15 or more
days or received more than three suspensions or fines of five days or
less in one calendar year.
Where the State of New Jersey and the majority representative have
agreed to a disciplinary review procedure that provides for binding
arbitration of disputes involving the major discipline of any public
employee protected under the provisions of this section, other than
public employees subject to discipline pursuant to R.S.53:1-10, the
grievance and disciplinary review procedures established by
agreement between the State of New Jersey and the majority
representative shall be utilized for any dispute covered by the terms
of such agreement. For the purposes of this section, major discipline
shall mean a removal, disciplinary demotion, suspension or fine of
more than five days, or less where the aggregate number of days
suspended or fined in any one calendar year is 15 or more days or
unless the employee received more than three suspensions or fines
of five days or less in one calendar year.
In interpreting the meaning and extent of a provision of a collective
negotiation agreement providing for grievance arbitration, a court
or agency shall be bound by a presumption in favor of arbitration.
Doubts as to the scope of an arbitration clause shall be resolved in
favor of requiring arbitration.
L. 1968, c. 303, § 7; amended 1974, c. 123, § 4; 1982, c. 103, § 1;
1996, c. 115, § 4; 2003, c. 119, § 2, eff. July 1, 2003; 2005, c. 161, § 2,
eff. July 19, 2005; 2005, c. 380, § 1, eff. Jan. 12, 2006.
§ 34:13A-5.4. Prohibitions relative to public employees, employee
organizations, their representatives, agents
a. Public employers, their representatives or agents are prohibited
from:
(1) Interfering with, restraining or coercing employees in the
exercise of the rights guaranteed to them by this act.
(2) Dominating or interfering with the formation, existence or
administration of any employee organization.
(3) Discriminating in regard to hire or tenure of employment or any
term or condition of employment to encourage or discourage
employees in the exercise of the rights guaranteed to them by this
act.
(4) Discharging or otherwise discriminating against any employee
because he has signed or filed an affidavit, petition or complaint or
given any information or testimony under this act.
(5) Refusing to negotiate in good faith with a majority
representative of employees in an appropriate unit concerning
terms and conditions of employment of employees in that unit, or
refusing to process grievances presented by the majority
representative.
(6) Refusing to reduce a negotiated agreement to writing and to
sign such agreement.
(7) Violating any of the rules and regulations established by the
commission.
b. Employee organizations, their representatives or agents are
prohibited from:
7
(1) Interfering with, restraining or coercing employees in the
exercise of the rights guaranteed to them by this act.
(2) Interfering with, restraining or coercing a public employer in the
selection of his representative for the purposes of negotiations or
the adjustment of grievances.
(3) Refusing to negotiate in good faith with a public employer, if
they are the majority representative of employees in an appropriate
unit concerning terms and conditions of employment of employees
in that unit.
(4) Refusing to reduce a negotiated agreement to writing and to
sign such agreement.
(5) Violating any of the rules and regulations established by the
commission.
c. The commission shall have exclusive power as hereinafter
provided to prevent anyone from engaging in any unfair practice
listed in subsections a. and b. above. Whenever it is charged that
anyone has engaged or is engaging in any such unfair practice, the
commission, or any designated agent thereof, shall have authority to
issue and cause to be served upon such party a complaint stating the
specific unfair practice charged and including a notice of hearing
containing the date and place of hearing before the commission or
any designated agent thereof; provided that no complaint shall issue
based upon any unfair practice occurring more than six months prior
to the filing of the charge unless the person aggrieved thereby was
prevented from filing such charge in which event the six-month
period shall be computed from the day he was no longer so
prevented.
In any such proceeding, the provisions of the “Administrative
Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) shall be
applicable. Evidence shall be taken at the hearing and filed with the
commission. If, upon all the evidence taken, the commission shall
determine that any party charged has engaged or is engaging in any
such unfair practice, the commission shall state its findings of fact
and conclusions of law and issue and cause to be served on such
party an order requiring such party to cease and desist from such
unfair practice, and to take such reasonable affirmative action as will
effectuate the policies of this act. All cases in which a complaint and
notice of hearing on a charge is actually issued by the commission,
shall be prosecuted before the commission or its agent, or both, by
the representative of the employee organization or party filing the
charge or his authorized representative.
d. The commission shall at all times have the power and duty, upon
the request of any public employer or majority representative, to
make a determination as to whether a matter in dispute is within
the scope of collective negotiations. The commission shall serve the
parties with its findings of fact and conclusions of law. Any
determination made by the commission pursuant to this subsection
may be appealed to the Appellate Division of the Superior Court.
e. The commission shall adopt such rules as may be required to
regulate the conduct of representation elections, and to regulate the
time of commencement of negotiations and of institution of impasse
procedures so that there will be full opportunity for negotiations
and the resolution of impasses prior to required budget submission
dates.
f. The commission or any interested party shall have the power to
apply to the Superior Court, Law Division, for an appropriate order
enforcing any order of the commission issued under subsection c. or
d. hereof, and its findings of fact, if based upon substantial evidence
on the record as a whole, shall not, in such action, be set aside or
modified; any order for remedial or affirmative action, if reasonably
designed to effectuate the purposes of this act, shall be affirmed and
enforced in such proceeding.
g. The Director of the Division of Local Government Services in the
Department of Community Affairs may notify the commission that a
municipality deemed a “municipality in need of stabilization and
recovery” pursuant to section 4 of P.L.2016, c.4 (C.52:27BBBB-4)
shall not be subject to the commission’s authority to prevent an
unfair practice pursuant to subsection a. of this section. Upon such
notice, neither the commission, nor any designee, shall have the
authority to issue or cause to be served upon such municipality in
need of stabilization and recovery any complaint alleging an unfair
practice under subsection a. of this section or to hold any hearings
with respect thereto. Nothing in this subsection shall be construed
to limit the scope of any general or specific powers of the Local
Finance Board or the Director set forth in P.L.2016, c.4
(C.52:27BBBB-1 et al.).
The provisions of this subsection shall no longer be applicable on
and after the first day of the sixth year next following the
determination by the Commissioner of Community Affairs that the
municipality shall be deemed “a municipality in need of stabilization
and recovery” pursuant to section 4 of P.L.2016, c.4 (C.52:27BBBB-
4); however, actions taken pursuant to this subsection prior to the
effective date [June 24, 2021] of P.L.2021, c.124 (C.52:27BBBB-4 et
al.) shall be final and shall not be subject to reconsideration.
L. 1974, c. 123, 1; Amended by L. 1979, c. 477, 1, eff. July 1, 1980;
2016, c. 4, § 7, effective May 27, 2016; 2021, c. 124, § 4, effective
June 24, 2021; 2021, c. 411, § 10, effective January 18, 2022.
§ 34:13A-5.5. Representation fee in lieu of dues
a. Notwithstanding any other provisions of law to the contrary, the
majority representative and the public employer of public
employees in an appropriate unit shall, where requested by the
majority representative, negotiate concerning the subject of
requiring the payment by all nonmember employees in the unit to
the majority representative of a representation fee in lieu of dues
for services rendered by the majority representative. Where
agreement is reached it shall be embodied in writing and signed by
the authorized representatives of the public employer and the
majority representative. If no agreement is reached, the majority
representative may petition the commission to conduct an
investigation. If the commission determines during the investigation
that a majority of the employees in the negotiations unit are
voluntary dues paying members of the majority representative and
that the majority representative maintains a demand and return
system as required by subsection c. of this section and section 3 of
P.L. 1979, c. 477 (C. 34:13A-5.6), the commission shall order the
8
public employer to institute a payroll deduction of the
representation fee in lieu of dues from the wages or salaries of the
employees in the negotiations unit who are not members of the
majority representative.
b. The representation fee in lieu of dues shall be in an amount
equivalent to the regular membership dues, initiation fees and
assessments charged by the majority representative to its own
members less the cost of benefits financed through the dues, fees
and assessments and available to or benefitting only its members,
but in no event shall such fee exceed 85% of the regular
membership dues, fees and assessments.
c. Any public employee who pays a representation fee in lieu of
dues shall have the right to demand and receive from the majority
representative, under proceedings established and maintained in
accordance with section 3 of P.L. 1979, c. 477 (C. 34:13A-5.6), a
return of any part of that fee paid by him which represents the
employee’s additional pro rata share of expenditures by the majority
representative that is either in aid of activities or causes of a
partisan political or ideological nature only incidentally related to
the terms and conditions of employment or applied toward the cost
of any other benefits available only to members of the majority
representative. The pro rata share subject to refund shall not reflect,
however, the costs of support of lobbying activities designed to
foster policy goals in collective negotiations and contract
administration or to secure for the employees represented
advantages in wages, hours, and other conditions of employment in
addition to those secured through collective negotiations with the
public employer.
L. 1979, c. 477, § 2; amended 2002, c. 46, § 1, eff. Aug. 1, 2002.
§ 34:13A-5.6. Representation fee in lieu of dues by payroll
deduction
Where a negotiated agreement is reached, pursuant to section 2 of
P.L. 1979, c. 477 (C. 34:13A-5.5), or where the public employer has
been ordered by the commission to institute a payroll deduction of
the representation fee in lieu of dues, a majority representative of
public employees in an appropriate unit shall be entitled to a
representation fee in lieu of dues by payroll deduction from the
wages or salaries of the employees in such unit who are not
members of a majority representative; provided, however, that
membership in the majority representative is available to all
employees in the unit on an equal basis and that the representation
fee in lieu of dues shall be available only to a majority representative
that has established and maintained a demand and return system
which provides pro rata returns as described in subsection c. of
section 2 of P.L. 1979, c. 477 (C. 34:13A-5.5). The demand and return
system shall include a provision by which persons who pay a
representation fee in lieu of dues may obtain review of the amount
returned through full and fair proceedings placing the burden of
proof on the majority representative. Such proceedings shall provide
for an appeal to a board consisting of three members to be
appointed by the Governor, by and with the advice and consent of
the Senate, who shall serve without compensation but shall be
reimbursed for actual expenses reasonably incurred in the
performance of their official duties. Of such members, one shall be
representative of public employers, one shall be representative of
public employee organizations and one, as chairman, who shall
represent the interest of the public as a strictly impartial member
not having had more than a casual association or relationship with
any public employers, public employer organizations or public
employee organizations in the 10 years prior to appointment. Of the
first appointees, one shall be appointed for one year, one for a term
of two years and the chairman, for a term of three years. Their
successors shall be appointed for terms of two years each and until
their successors are appointed and qualified, except that any person
chosen to fill a vacancy shall be appointed only for the unexpired
term of the member whose office has become vacant. Nothing
herein shall be deemed to require any employee to become a
member of the majority representative.
L. 1979, c. 477, § 3; amended 2002, c. 46, § 2, eff. Aug. 1, 2002.
§ 34:13A-5.7. Discrimination between nonmembers and members
on basis of payment of fee; unfair practice
Any action engaged in by a public employer, its representatives or
agents, or by an employee organization, its representatives or
agents, which discriminates between nonmembers who pay the said
representation fee and members with regard to the payment of
such fee other than as allowed under this act, shall be treated as an
unfair practice within the meaning of subsection 1(a) or subsection
1(b) of this act.
L. 1979, c. 477, 4, eff. July 1, 1980.
§ 34:13A-5.8. Payment to majority representative
Payment of the representation fee in lieu of dues shall be made to
the majority representative during the term of the collective
negotiation agreement affecting such nonmember employees and
during the period, if any, between successive agreements so
providing, on or after, but in no case sooner than the thirtieth day
following the beginning of an employee’s employment in a position
included in the appropriate negotiations unit, and the tenth day
following reentry into the appropriate unit for employees who
previously served in a position included in the appropriate unit who
continued in the employ of the public employer in an excluded
position and individuals being reemployed in such unit from a
reemployment list. For the purposes of this section, individuals
employed on a 10-month basis or who are reappointed from year to
year shall be considered to be in continuous employment.
L. 1979, c. 477, 5, eff. July 1, 1980.
§ 34:13A-5.9. Rules and regulations
The commission may promulgate rules or regulations to effectuate
the purposes of this act.
L. 1979, c. 477, 6, eff. July 1, 1980.
9
§ 34:13A-5.10. Findings, declarations relative to collective
negotiations units for Executive Branch employees
a. The Legislature finds and declares that, for more than three
decades, there have been broad-based collective negotiations units
for the employees in the Executive Branch of State government. This
existing unit structure has contributed to the stability of labor
relations between the public employees and the Executive Branch
and has served to avoid disruption of services to the public. To
foster continued harmonious labor relations between State
employees and the Executive Branch, the existing structure for
collective negotiations units must be codified.
In addition, the Legislature finds and declares that the structure
should be expanded to permit collective negotiations for managers
and deputy attorneys general who are not covered by the ten units
for civilian employees of the Executive Branch.
b.
(1) There shall be only twelve collective negotiations units for
civilian employees of the Executive Branch of State government. The
units shall be as follows: administrative and clerical; professional;
primary level supervisory; high level supervisory; operations,
maintenance and services; crafts; inspection and security; health
care and rehabilitation services; State colleges and universities;
State colleges and universities adjuncts; deputy attorneys general;
and State government managers.
(2) An existing or newly established title that is not assigned
managerial, executive or confidential duties, as defined in
subsections (f) and (g) of section 3 of P.L.1941, c.100 (C.34:13A-3),
may be placed in one of the twelve collective negotiations units for
civilian employees by the Governor’s Office of Employee Relations.
Such placements may be challenged through a unit clarification
procedure pursuant to the rules of the New Jersey Public
Employment Relations Commission.
L. 2005, c. 142, § 1, eff. July 7, 2005; amended 2009, c. 314, § 2, eff.
Jan. 18, 2010.
§ 34:13A-5.11. Short title [Workplace Democracy Enhancement
Act]
This act [C.34:13A-5.11 et seq.] shall be known and may be cited as
the “Workplace Democracy Enhancement Act.”
L. 2018, c. 15, § 1, effective May 18, 2018.
§ 34:13A-5.12. Findings, declarations relative to public
employment relations
The Legislature finds and declares that collective negotiations
promote labor stability in the public sector and enhance the delivery
and avoid the disruption of public services. The Legislature further
declares that it is in the public interest to ensure that any employee
organization that has been designated as the exclusive
representatives of employees in a collective negotiations unit is able
to effectively carry out its statutory duties by having access to and
being able to communicate with the employees it represents.
L. 2018, c. 15, § 2, effective May 18, 2018.
§ 34:13A-5.13. Access to members of negotiations units
a. Public employers shall provide to exclusive representative
employee organizations access to members of the negotiations
units.
b. Access includes, but is not limited to, the following:
(1) the right to meet with individual employees on the premises of
the public employer during the work day to investigate and discuss
grievances, workplace-related complaints, and other workplace
issues;
(2) the right to conduct worksite meetings during lunch and other
non-work breaks, and before and after the workday, on the
employer’s premises to discuss workplace issues, collective
negotiations, the administration of collective negotiations
agreements, other matters related to the duties of an exclusive
representative employee organization, and internal union matters
involving the governance or business of the exclusive representative
employee organization; and
(3) the right to meet with newly hired employees, without charge to
the pay or leave time of the employees, for a minimum of 30 and a
maximum of 120 minutes, within 30 calendar days from the date of
hire, during new employee orientations, or if the employer does not
conduct new employee orientations, at individual or group
meetings.
c. Within 10 calendar days from the date of hire of negotiations unit
employees, public employers shall provide the following contact
information to an exclusive representative employee organization in
an Excel file format or other format agreed to by the exclusive
representative employee organization: name, job title, worksite
location, home address, work telephone numbers, and any home
and personal cellular telephone numbers on file with the public
employer, date of hire, and work email address and any personal
email address on file with the public employer. Every 120 calendar
days beginning on January 1 following the effective date [May 18,
2018] of this act [C.34:13A-5.11 et seq.], public employers shall
provide exclusive representative employee organizations, in an Excel
file or similar format agreed to by the employee organization, the
following information for all negotiations unit employees: name, job
title, worksite location, home address, work, home and personal
cellular telephone numbers, date of hire, and work email address
and personal email address on file with the public employer.
d. The home addresses, phone numbers, email addresses, dates of
birth, and negotiation units and groupings of employees, and the
emails or other communications between employee organizations
and their members, prospective members, and non-members, are
not government records and are exempt from any disclosure
requirements of P.L.1963, c.73 (C.47:1A-1 et seq.).
10
e. Exclusive representative employee organizations shall have the
right to use the email systems of public employers to communicate
with negotiations unit members regarding collective negotiations,
the administration of collective negotiations agreements, the
investigation of grievances, other workplace-related complaints and
issues, and internal union matters involving the governance or
business of the union.
f. Exclusive representative employee organizations shall have the
right to use government buildings and other facilities that are owned
or leased by government entities to conduct meetings with their
unit members regarding collective negotiations, the administration
of collective negotiations agreements, the investigation of
grievances, other workplace-related complaints and issues, and
internal union matters involving the governance or business of the
union, provided such use does not interfere with governmental
operations. Meetings conducted in government buildings pursuant
to this section shall not be for the purpose of supporting or opposing
any candidate for partisan political office, or for the purpose of
distributing literature or information regarding partisan elections.
An exclusive representative employee organization conducting a
meeting in a government building or other government facility
pursuant to this section may be charged for maintenance, security
and other costs related to the use of the government building or
facility that would not otherwise be incurred by the government
entity.
g. Upon the request of an exclusive representative employee
organization, a public employer shall negotiate in good faith over
contractual provisions to memorialize the parties’ agreement to
implement the provisions of subsections a. through f. of this section.
Negotiations shall commence within 10 calendar days from the date
of a request by the employee organization, even if a collective
negotiations agreement is in effect on the effective date [May 18,
2018] of this act [C.34:13A-5.11 et seq.]. Agreements between a
public employer and an exclusive representative employee
organization implementing subsections a. through f. of this section
shall be incorporated into the parties’ collective negotiations
agreement and shall be enforceable through the parties’ grievance
procedure, which shall include binding arbitration. The requirements
set forth in subsections a. through f. of this section establish the
minimum requirements for access to and communication with
negotiations unit employees by an exclusive representative
employee organization.
h. If the parties are unable to reach agreement within 30 calendar
days from the commencement of negotiations regarding 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. Upon receipt of a petition, the commission
shall appoint an arbitrator, who shall issue a binding award resolving
the parties’ negotiations disputes consistent with subsections a.
through f. of this section. The commission shall establish a panel of
arbitrators to resolve negotiations pursuant to this section and shall
promulgate rules to implement this section.
i. For the purposes of this section, “exclusive representative
employee organization” means an employee organization which has
been designated as the exclusive representatives of employees in a
collective negotiations unit.
L. 2018, c. 15, § 3, effective May 18, 2018.
§ 34:13A-5.14. Certain actions of public employer relative to
negotiations unit members prohibited
a. A public employer shall not encourage negotiations unit members
to resign or relinquish membership in an exclusive representative
employee organization and shall not encourage negotiations unit
members to revoke authorization of the deduction of fees to an
exclusive representative employee organization.
b. A public employer shall not encourage or discourage an
employee from joining, forming or assisting an employee
organization.
c. A public employer that violates any provision of subsection a. or
b. of this section shall be regarded as having engaged in an unfair
practice in violation of subsection a. of section 1 of P.L.1974, c.123
(C.34:13A-5.4), and, upon a finding that the violation has occurred,
the Public Employment Relations Commission, in addition to
implementing any other remedies authorized by that section, shall
order the public employer to make whole the exclusive
representative employee organization for any losses suffered by the
organization as a result of the public employer’s unlawful conduct
and any other remedial relief deemed appropriate.
L. 2018, c. 15, § 4, effective May 18, 2018.
§ 34:13A-5.15. Inclusion in negotiations unit
a. All regular full-time and part-time employees of the public
employer who perform negotiations unit work shall be included in
the negotiations unit represented by the exclusive representative
employee organization.
b. Negotiations unit work means work that is performed by any
employees who are included in a negotiations unit represented by
an exclusive representative employee organization without regard
to job title, job classification or number of hours worked, except that
employees who are confidential employees or managerial
executives, as those terms are defined by section 1 of P.L.1941,
c.100 (C.34:13A-3), or elected officials, members of boards and
commissions, or casual employees, may be excluded from the
negotiations unit. Casual employees are employees who work an
average of fewer than four hours per week over a period of 90
calendar days.
c. Every 120 calendar days beginning on January 1 following the
effective date [January 18, 2022] of P.L.2021, c.411 (C.34:13A-56 et
al.), public employers shall provide to an exclusive representative
employee organization in an Excel file format or other format agreed
to by the exclusive representative employee organization, the
following information for all employees not represented by any
exclusive representative employee organization: name, job title,
worksite location, work email and work phone number. Within 30
11
days of a request by an exclusive representative employee
organization, a public employer shall provide a job description for
each non-represented employee, including the names and job titles
of all employees supervised by the employer subject to the request.
d. Employees who are performing negotiations unit work and who
are not included in a negotiations unit because they did not meet
the threshold of hours or percent of time worked as set forth in a
certification of representative, recognition clause or other provision
in a collective negotiations agreement, shall be included in the
negotiations unit by operation of this act [C.34:13A-5.11 et seq.],
within 90 calendar days from the effective date [May 18, 2018] of
this act [C.34:13A-5.11 et seq.].
e. The Public Employment Relations Commission shall promulgate
rules to implement this section, including rules to resolve disputes
over the inclusion of employees performing negotiations unit work
in the appropriate negotiations unit. The rules promulgated by the
commission shall provide for the resolution of disputes that arise
under this section, within 60 calendar days from the submission of
the dispute to the commission by either the exclusive representative
employee organization or the public employer.
L. 2018, c. 15, § 5, effective May 18, 2018; amended by 2021, c. 411,
§ 11, effective January 18, 2022.
[New Jersey Employer-Employee Relations Act; in general,
continued]
§ 34:13A-6. Powers and duties
(a) Upon its own motion, in an existing, imminent or threatened
labor dispute in private employment, the board, through the
Division of Private Employment Dispute Settlement, may, and, upon
the request of the parties or either party to the dispute, must take
such steps as it may deem expedient to effect a voluntary, amicable
and expeditious adjustment and settlement of the differences and
issues between employer and employees which have precipitated or
culminated in or threaten to precipitate or culminate in such labor
dispute.
(b) Whenever negotiations between a public employer and an
exclusive representative concerning the terms and conditions of
employment shall reach an impasse, the commission, through the
Division of Public Employment Relations shall, upon the request of
either party, take such steps as it may deem expedient to effect a
voluntary resolution of the impasse. In the event of a failure to
resolve the impasse by mediation the Division of Public Employment
Relations is empowered to recommend or invoke factfinding with
recommendation for settlement, the cost of which shall be borne by
the commission.
(c) The board in private employment, through the Division of Private
Employment Dispute Settlement, and the commission in public
employment, through the Division of Public Employment Relations,
shall take the following steps to avoid or terminate labor disputes:
(1) to arrange for, hold, adjourn or reconvene a conference or
conferences between the disputants or one or more of their
representatives or any of them; (2) to invite the disputants or their
representatives or any of them to attend such conference and
submit, either orally or in writing, the grievances of and differences
between the disputants; (3) to discuss such grievances and
differences with the disputants and their representatives; and (4) to
assist in negotiating and drafting agreements for the adjustment in
settlement of such grievances and differences and for the
termination or avoidance, as the case may be, of the existing or
threatened labor dispute.
(d) The commission, through the Division of Public Employment
Relations, is hereby empowered to resolve questions concerning
representation of public employees by conducting a secret ballot
election or utilizing any other appropriate and suitable method
designed to ascertain the free choice of the employees. The division
shall decide in each instance which unit of employees is appropriate
for collective negotiation, provided that, except where dictated by
established practice, prior agreement, or special circumstances, no
unit shall be appropriate which includes (1) both supervisors and
nonsupervisors, (2) both professional and nonprofessional
employees unless a majority of such professional employees vote for
inclusion in such unit or, (3) both craft and noncraft employees
unless a majority of such craft employees vote for inclusion in such
unit. All of the powers and duties conferred or imposed upon the
division that are necessary for the administration of this subdivision,
and not inconsistent with it, are to that extent hereby made
applicable. Should formal hearings be required, in the opinion of
said division to determine the appropriate unit, it shall have the
power to issue subpenas as described below, and shall determine
the rules and regulations for the conduct of such hearing or
hearings.
(e) For the purposes of this section the Division of Public
Employment Relations shall have the authority and power to hold
hearings, subpena witnesses, compel their attendance, administer
oaths, take the testimony or deposition of any person under oath,
and in connection therewith, to issue subpenas duces tecum, and to
require the production and examination of any governmental or
other books or papers relating to any matter described above.
(f) In carrying out any of its work under this act, the board may
designate one of its members, or an officer of the board to act in its
behalf and may delegate to such designee one or more of its duties
hereunder and, for such purpose, such designee shall have all the
powers hereby conferred upon the board in connection with the
discharge of the duty or duties so delegated. In carrying out any of
its work under this act, the commission may designate one of its
members or an officer of the commission to act on its behalf and
may delegate to such designee one or more of its duties hereunder
and, for such purpose, such designee shall have all of the powers
hereby conferred upon the commission in connection with the
discharge of the duty or duties so delegated.
(g) The board and commission may also appoint and designate
other persons or groups of persons to act for and on its behalf and
may delegate to such persons or groups of persons any and all of the
powers conferred upon it by this act so far as it is reasonably
necessary to effectuate the purposes of this act. Such persons shall
serve without compensation but shall be reimbursed for any
necessary expenses.
12
(h) The personnel of the Division of Public Employment Relations
shall include only individuals familiar with the field of public
employee-management relations. The commission’s determination
that a person is familiar in this field shall not be reviewable by any
other body.
L. 1941, c. 100, p. 230, 6; Amended by L. 1968, c. 303, 8, eff. July 1,
1968; L. 1974, c. 123, 5.
§ 34:13A-6.1. Priority of reorganization plan of department of labor
and industry
To the extent that the reorganization plan of the Department of
Labor and Industry which was submitted to the Legislature on May
11, 1972 (effective July 10, 1972) is inconsistent with, changes or
alters the powers of either the New Jersey Public Employment
Relations Commission in the Division of Public Employment
Relations or the Board of Mediation in the Division of Private
Employment Dispute Settlement as they existed prior to the
effective date of said reorganization, such reorganization plan shall
be to such extent superseded and inoperative.
L. 1973, c. 326, 3, eff. Dec. 18, 1973.
§ 34:13A-7. Arbitration
Whenever a controversy shall arise between an employer and his
employees which is not settled either in conference between
representatives of the parties or through mediation in the manner
provided by this act, such controversy may, by agreement of the
parties, be submitted to arbitration, one person to be selected by
the employer, one person to be selected by the employees, and a
third selected by the representatives of the employer and
employees, and in the event of any such appointment or selection
not being made upon the request of the parties in the controversy,
the department may select the third person to arbitrate the matter
submitted; provided, however, that the failure or refusal of either
party to submit a controversy to arbitration shall not be construed
as a violation of the policy or purpose of this act, or of any provision
thereof, nor shall failure or refusal to arbitrate constitute a basis for
any action at law or suit in equity.
L. 1941, c. 100, p. 231, 7.
§ 34:13A-8. Strikes
Nothing in this act shall be construed to interfere with, impede or
diminish in any way the right of private employees to strike or
engage in other lawful concerted activities.
L. 1941, c. 100, p. 231, 8; Amended by L. 1968, c. 303, 9, eff. July 1,
1968.
§ 34:13A-8.1. Effect of act upon prior agreements or upon pension
statutes
Nothing in this act shall be construed to annul or modify, or to
preclude the continuation of any agreement during its current term
heretofore entered into between any public employer and any
employee organization nor shall any provision hereof annul or
modify any pension statute or statutes of this State.
L. 1968, c. 303, 10, eff. July 1, 1968; Amended by L. 1974, c. 123, 6.
§ 34:13A-8.2. Filed contracts in public employment
The commission shall collect and maintain a current file of filed
contracts in public employment. Public employers shall file with the
commission a copy of any contracts it has negotiated with public
employee representatives following the consummation of
negotiations.
L. 1968, c. 303, 11.
§ 34:13A-8.3. Development and maintenance of programs
The commission in conjunction with the Institute of Management
and Labor of Rutgers, The State University, shall develop and
maintain a program for the guidance of public employees and public
employers in employee-management relations, to provide technical
advice to public employees and public employers on employee-
management programs, to assist in the development of programs
for training employee and management personnel in the principles
and procedures of consultation, negotiation and the settlement of
disputes in the public service, and for the training of employee and
management officials in the discharge of their employee-
management relations responsibilities in the public interest.
L. 1968, c. 303, 12, eff. July 1, 1968; Amended by L. 1974, c. 123, 7.
§ 34:13A-9. Personnel; compensation
(1) For the performance of its work, under this act, the board may
request and shall avail itself of and utilize the service of any officer
or employee of the Department of Labor and Industry who shall
render such assistance as the board may require without additional
compensation. The board may, within the amount available therefor
by appropriation, appoint a secretary and such other assistants and
employees as it may require for the consummation of its work,
prescribe their duties and fix their compensation. (2) Each member
of the board shall be entitled to be reimbursed for his traveling and
other expenses actually and necessarily incurred by him in the
performance of his duties, and, in addition, shall receive a per diem
allowance of $50.00 for each day, or part thereof, spent in the
rendition of service to or for the board under this act; provided,
however, that no member shall in any case receive per diem
compensation as such member in an amount in excess of $5,000.00
for any 1 fiscal year.
13
L. 1941, c. 100, p. 231, 9; Amended by L. 1945, c. 32, p. 89, 2; L.
1967, c. 110, 1, eff. June 15, 1967.
§ 34:13A-10. Disqualifications
No member or officer of the board having any financial or other
interest in a trade, business, industry or occupation in which a labor
dispute exists or is threatened and of which the board has taken
cognizance, shall be qualified to participate in any way in the acts or
efforts of the board in connection with the settlement or avoidance
thereof.
L. 1941, c. 100, p. 232, 10.
§ 34:13A-10.1. Board members; participation; membership or
employment in other agencies
No member of the board shall take any part, directly or indirectly, in
any proceeding involving any relation between employees and
employers before any board, bureau, commission, officer or court,
unless such member in such proceeding takes the part of the same
group whether employees, employers, or the public, as he
represents on the Board of Mediation.
No member of the board shall be a member or employee of any
other public board, body, commission, bureau or agency which deals
with employer and employee relations, whether Federal, State or
local, except that he may be a member of any such board, body,
commission, bureau or agency if his membership thereon is as a
representative of the same group, whether employees, employers
or the public, as it is on the Board of Mediation.
L. 1945, c. 32, p. 90, 3.
§ 34:13A-11. Rules
The board shall have power to adopt, alter, amend or repeal such
rules in connection with the voluntary mediation of labor disputes in
private employment and the commission shall have the same
powers in public employment, as may be necessary for the proper
administration and enforcement of the provisions of this act.
L. 1941, c. 100, p. 232, 11; Amended by L. 1968, c. 303, 13, eff. July
1, 1968.
§ 34:13A-12. Construction
Nothing contained in this act shall be construed as interfering with,
impeding or diminishing in any way any right guaranteed by law or
by the Constitution of the State or of the United States.
L. 1941, c. 100, p. 232, 12.
§ 34:13A-13. Separability of provisions
If any clause, sentence, paragraph or part of this act, or the
application thereof to any person or circumstances, shall for any
reason be adjudged by a court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the
remainder of this act, and the application of such provisions to other
persons or circumstances, but shall be confined in its operation to
the clause, sentence, paragraph, or part thereof, directly involved in
the controversy in which such judgment shall have been rendered
and to the person or circumstances involved. It is hereby declared to
be the legislative intent that this act would have been adopted had
such invalid provisions not been included herein.
L. 1941, c. 100, p. 232, 13.
§ 34:13A-14. Findings, declarations relative to compulsory
arbitration procedure
The Legislature finds and declares:
a. Recognizing the unique and essential duties which law
enforcement officers and firefighters perform for the benefit and
protection of the people of this State, cognizant of the life
threatening dangers these public servants regularly confront in the
daily pursuit of their public mission, and fully conscious of the fact
that these public employees, by legal and moral precept, do not
enjoy the right to strike, it is the public policy of this State that it is
requisite to the high morale of such employees, the efficient
operation of such departments, and to the general well-being and
benefit of the citizens of this State to afford an alternate,
expeditious, effective and binding procedure for the resolution of
disputes; and
b. It also is the public policy of this State to ensure that the
procedure so established fairly and adequately recognizes and gives
all due consideration to the interests and welfare of the taxpaying
public; and
c. Further, it is the public policy of this State to prescribe the scope
of the authority delegated for the purposes of this reform act; to
provide that the authority so delegated be statutorily limited,
reasonable, and infused with stringent safeguards, while at the same
time affording arbitrators the decision making authority necessary
to protect the public good; and to mandate that in exercising the
authority delegated under this reform act, arbitrators fully recognize
and consider the public interest and the impact that their decisions
have on the public welfare, and fairly and reasonably perform their
statutory responsibilities to the end that labor peace between the
public employer and its employees will be stabilized and promoted,
and that the general public interest and welfare shall be preserved;
and, therefore,
d. To that end the provisions of this reform act, providing for
compulsory arbitration, shall be liberally construed.
L. 1977, c. 85, § 1; amended 1995, c. 425, § 2.
14
§ 34:13A-14a. Short title [Police and Fire Public Interest Arbitration
Reform Act]
This act shall be known and may be cited as the “Police and Fire
Public Interest Arbitration Reform Act.”
L. 1995, c. 425, § 1.
§ 34:13A-15. Definitions
“Public fire department” means any department of a municipality,
county, fire district, or the State or any agency thereof having
employees engaged in firefighting provided that such firefighting
employees are included in a negotiating unit exclusively comprised
of firefighting employees.
“Public police department” means any police department or
organization of a municipality, county or park, or the State, or any
agency thereof having employees engaged in performing police
services including but not necessarily limited to units composed of
State troopers, police officers, detectives and investigators of
counties, county parks and park commissions, grades of sheriff’s
officers and investigators; State motor vehicle officers, inspectors
and investigators of the Alcoholic Beverage Commission,
conservation police officers in the Division of Fish and Wildlife in the
Department of Environmental Protection, State park police officers,
marine patrolmen; correction officers, keepers, cottage officers,
interstate escort officers, juvenile officers in the Department of
Corrections and patrolmen of the Human Services and Corrections
Departments; patrolmen of Capitol police and patrolmen of the
Palisades Interstate Park Commission.
L. 1977, c. 85, 2, eff. May 10, 1977; amended by 2019, c. 407, § 16,
effective April 1, 2020.
§ 34:13A-16. Negotiations between public fire, police department
and exclusive representative; unfair practice charge; negotiation;
fact-finding; arbitration
a.
(1) Negotiations between a public fire or police department and an
exclusive representative concerning the terms and conditions of
employment shall begin at least 120 days prior to the day on which
their collective negotiation agreement is to expire. The parties shall
meet at least three times during that 120-day period. The first of
those three meetings shall take place no later than the 90th day
prior to the day on which their collective negotiation agreement is
to expire. By mutual consent, the parties may agree to extend the
period during which the second and third meetings are required to
take place beyond the day on which their collective negotiation
agreement is to expire. A violation of this paragraph shall constitute
an unfair practice and the violator shall be subject to the penalties
prescribed by the commission pursuant to rule and regulation.
Prior to the expiration of their collective negotiation agreement,
either party may file an unfair practice charge with the commission
alleging that the other party is refusing to negotiate in good faith.
The charge shall be filed in the manner, form and time specified by
the commission in rule and regulation. If the charge is sustained, the
commission shall order that the respondent be assessed for all legal
and administrative costs associated with the filing and resolution of
the charge; if the charge is dismissed, the commission shall order
that the charging party be assessed for all legal and administrative
costs associated with the filing and resolution of the charge. The
filing and resolution of the unfair practice charge shall not delay or
impair the impasse resolution process.
(2) Whenever those negotiations concerning the terms and
conditions of employment shall reach an impasse, the commission,
through the Division of Public Employment Relations shall, upon the
request of either party, or upon its own motion take such steps,
including the assignment of a mediator, as it may deem expedient to
effect a voluntary resolution of the impasse.
b.
(1) In the event of a failure to resolve the impasse by mediation, the
Division of Public Employment Relations, at the request of either
party, shall invoke factfinding with recommendation for settlement
of all issues in dispute unless the parties reach a voluntary
settlement prior to the issuance of the factfinder’s report and
recommended terms of settlement. Factfinding shall be limited to
those issues that are within the required scope of negotiations
unless the parties to the factfinding agree to factfinding on
permissive subjects of negotiation.
(2) Notwithstanding the provisions of paragraph (2) of subsection a.
of this section or paragraph (1) of this subsection, either party may
petition the commission for arbitration on or after the date on which
their collective negotiation agreement expires. The petition shall be
filed in a manner and form prescribed by the commission. The party
filing the petition shall notify the other party of its action. The notice
shall be given in a manner and form prescribed by the commission.
Any mediation or factfinding invoked pursuant to paragraph (2) of
subsection a. of this section or paragraph (1) of subsection b. of this
section shall terminate immediately upon the filing of a petition for
arbitration.
(3) Upon the filing of a petition for arbitration pursuant to
paragraph (2) of this subsection, an arbitrator selected pursuant to
paragraph (1) of subsection e. of this section shall conduct an initial
meeting as a mediation session to effect a voluntary resolution of
the impasse.
c. (Deleted by amendment, P.L.2010, c.105)
d. The resolution of issues in dispute shall be binding arbitration
under which the award on the unsettled issues is determined by
conventional arbitration. The arbitrator shall determine whether the
total net annual economic changes for each year of the agreement
are reasonable under the nine statutory criteria set forth in
subsection g. of this section and shall adhere to the limitations set
forth in section 2 of P.L.2010, c.105 (C.34:13A-16.7). The non-
petitioning party, within five days of receipt of the petition, shall
separately notify the commission in writing of all issues in dispute.
The filing of the written response shall not delay, in any manner, the
interest arbitration process.
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e.
(1) The commission shall take measures to assure the impartial
selection of an arbitrator or arbitrators from its special panel of
arbitrators. On the first business day following receipt of an interest
arbitration petition, the commission shall, independent of and
without any participation by either of the parties, randomly select
an arbitrator from its special panel of arbitrators. The selection by
the commission shall be final and shall not be subject to review or
appeal.
(2) Applicants for initial appointment to the commission’s special
panel of arbitrators shall be chosen based on their professional
qualifications, knowledge, and experience, in accordance with the
criteria and rules adopted by the commission. Such rules shall
include relevant knowledge of local government operations and
budgeting. Appointment to the commission’s special panel of
arbitrators shall be for a three-year term, with reappointment
contingent upon a screening process similar to that used for
determining initial appointments. Arbitrators currently serving on
the panel shall demonstrate to the commission their professional
qualification, knowledge and experience, in accordance with the
criteria and rules adopted by the commission, within one year of the
effective date [January 1, 2011] of this act [P.L.2010, c. 105]. Any
arbitrator who does not satisfactorily demonstrate such to the
commission within the specified time shall be disqualified.
(3) Arbitrators serving on the commission’s special panel shall be
guided by and subject to 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.
(4) Arbitrators shall be required to complete annual training offered
by the State Ethics Commission. Any arbitrator failing to
satisfactorily complete the annual training shall be immediately
removed from the special panel.
The commission may suspend, remove, or otherwise discipline an
arbitrator for a violation of P.L.1977, c.85 (C.34:13A-14 et seq.),
section 4 of P.L.1995, c.425 (C.34:13A-16.1) or for good cause. An
arbitrator who fails to render an award within the time
requirements set forth in this section shall be fined $1,000 for each
day that the award is late.
f.
(1) At a time prescribed by the commission, the parties shall submit
to the arbitrator their final offers on each economic and non-
economic issue in dispute. The offers submitted pursuant to this
section shall be used by the arbitrator for the purposes of
determining an award pursuant to subsection d. of this section.
(2) In the event of a dispute, the commission shall have the power
to decide which issues are economic issues. Economic issues include
those items which have a direct relation to employee income
including wages, salaries, hours in relation to earnings, and other
forms of compensation such as paid vacation, paid holidays, health
and medical insurance, and other economic benefits to employees.
(3) Throughout formal arbitration proceedings the chosen arbitrator
may mediate or assist the parties in reaching a mutually agreeable
settlement.
All parties to arbitration shall present, at the formal hearing before
the issuance of the award, written estimates of the financial impact
of their last offer on the taxpayers of the local unit to the arbitrator
with the submission of their last offer.
(4) Arbitration shall be limited to those subjects that are within the
required scope of collective negotiations, except that the parties
may agree to submit to arbitration one or more permissive subjects
of negotiation.
(5) The decision of an arbitrator or panel of arbitrators shall include
an opinion and an award, and shall be rendered within 90 calendar
days of the commission’s assignment of that arbitrator.
Each arbitrator’s decision shall be accompanied by a written report
explaining how each of the statutory criteria played into the
arbitrator’s determination of the final award. The report shall certify
that the arbitrator took the statutory limitations imposed on the
local levy cap into account in making the award.
Any arbitrator violating the provisions of this paragraph may be
subject to the commission’s powers under paragraph (3) of
subsection e. of this section. The decision shall be final and binding
upon the parties and shall be irreversible, except:
(a) Within 14 calendar days of receiving an award, an aggrieved
party may file notice of an appeal of an award to the commission on
the grounds that the arbitrator failed to apply the criteria specified
in subsection g. of this section or violated the standards set forth in
N.J.S.2A:24-8 or N.J.S.2A:24-9. The appeal shall be filed in a form and
manner prescribed by the commission. In deciding an appeal, the
commission, pursuant to rule and regulation and upon petition, may
afford the parties the opportunity to present oral arguments. The
commission may affirm, modify, correct or vacate the award or may,
at its discretion, remand the award to the same arbitrator or to
another arbitrator, selected by lot, for reconsideration. The
commission’s decision shall be rendered no later than 60 calendar
days after the filing of the appeal with the commission.
Arbitration appeal decisions shall be accompanied by a written
report explaining how each of the statutory criteria played into their
determination of the final award. The report shall certify that in
deciding the appeal, the commission took the local levy cap into
account in making the award.
An aggrieved party may appeal a decision of the commission to the
Appellate Division of the Superior Court.
(b) An arbitrator’s award shall be implemented immediately.
(6) The parties shall share equally the costs of arbitration subject to
a fee schedule approved by the commission. The fee schedule shall
provide that the cost of services provided by the arbitrator shall not
exceed $1,000 per day. The total cost of services of an arbitrator
shall not exceed $10,000. If the parties cancel an arbitration
proceeding without good cause, the arbitrator may impose a fee of
not more than $ 500. The parties shall share equally in paying that
16
fee if the request to cancel or adjourn is a joint request. Otherwise,
the party causing such cancellation shall be responsible for payment
of the entire fee.
g. The arbitrator shall decide the dispute based on a reasonable
determination of the issues, giving due weight to those factors listed
below that are judged relevant for the resolution of the specific
dispute. In the award, the arbitrator or panel of arbitrators shall
indicate which of the factors are deemed relevant, satisfactorily
explain why the others are not relevant, and provide an analysis of
the evidence on each relevant factor; provided, however, that in
every interest arbitration proceeding, the parties shall introduce
evidence regarding the factor set forth in paragraph (6) of this
subsection and the arbitrator shall analyze and consider the factor
set forth in paragraph (6) of this subsection in any award:
(1) The interests and welfare of the public. Among the items the
arbitrator or panel of arbitrators shall assess when considering this
factor are the limitations imposed upon the employer by P.L.1976,
c.68 (C.40A:4-45.1 et seq.).
(2) Comparison of the wages, salaries, hours, and conditions of
employment of the employees involved in the arbitration
proceedings with the wages, hours, and conditions of employment
of other employees performing the same or similar services and with
other employees generally:
(a) In private employment in general; provided, however, each
party shall have the right to submit additional evidence for the
arbitrator’s consideration.
(b) In public employment in general; provided, however, each party
shall have the right to submit additional evidence for the arbitrator’s
consideration.
(c) In public employment in the same or similar comparable
jurisdictions, as determined in accordance with section 5 of
P.L.1995, c.425 (C.34:13A-16.2); provided, however, that each party
shall have the right to submit additional evidence concerning the
comparability of jurisdictions for the arbitrator’s consideration.
(3) The overall compensation presently received by the employees,
inclusive of direct wages, salary, vacations, holidays, excused leaves,
insurance and pensions, medical and hospitalization benefits, and all
other economic benefits received.
(4) Stipulations of the parties.
(5) The lawful authority of the employer. Among the items the
arbitrator or panel of arbitrators shall assess when considering this
factor are the limitations imposed upon the employer by P.L.1976,
c.68 (C.40A:4-45.1 et seq.).
(6) The financial impact on the governing unit, its residents, the
limitations imposed upon the local unit’s property tax levy pursuant
to section 10 of P.L.2007, c.62 (C.40A:4-45.45), and taxpayers. When
considering this factor in a dispute in which the public employer is a
county or a municipality, the arbitrator or panel of arbitrators shall
take into account, to the extent that evidence is introduced, how the
award will affect the municipal or county purposes element, as the
case may be, of the local property tax; a comparison of the
percentage of the municipal purposes element or, in the case of a
county, the county purposes element, required to fund the
employees’ contract in the preceding local budget year with that
required under the award for the current local budget year; the
impact of the award for each income sector of the property
taxpayers of the local unit; the impact of the award on the ability of
the governing body to (a) maintain existing local programs and
services, (b) expand existing local programs and services for which
public moneys have been designated by the governing body in a
proposed local budget, or (c) initiate any new programs and services
for which public moneys have been designated by the governing
body in a proposed local budget.
(7) The cost of living.
(8) The continuity and stability of employment including seniority
rights and such other factors not confined to the foregoing which
are ordinarily or traditionally considered in the determination of
wages, hours, and conditions of employment through collective
negotiations and collective bargaining between the parties in the
public service and in private employment.
(9) Statutory restrictions imposed on the employer. Among the
items the arbitrator or panel of arbitrators shall assess when
considering this factor are the limitations imposed upon the
employer by section 10 of P.L.2007, c.62 (C.40A:4-45.45).
h. A mediator, factfinder, or arbitrator while functioning in a
mediatory capacity shall not be required to disclose any files,
records, reports, documents, or other papers classified as
confidential received or prepared by him or to testify with regard to
mediation, conducted by him under this act on behalf of any party to
any cause pending in any type of proceeding under this act. Nothing
contained herein shall exempt such an individual from disclosing
information relating to the commission of a crime.
i. The Director of the Division of Local Government Services in the
Department of Community Affairs may notify the commission,
through the Division of Public Employment Relations, that a
municipality deemed a “municipality in need of stabilization and
recovery” pursuant to section 4 of P.L.2016, c.4 (C.52:27BBBB-4) will
not participate in any impasse procedures authorized by this section.
Upon such notice, any pending impasse procedures authorized by
this section shall immediately cease, and any pending petition for
arbitration shall be vacated. Nothing in this subsection shall be
construed to limit the scope of any general or specific powers of the
Local Finance Board or the director set forth in P.L.2016, c.4
(C.52:27BBBB-1 et al.).
The provisions of this subsection shall no longer be applicable on
and after the first day of the sixth year next following the
determination by the Commissioner of Community Affairs that the
municipality shall be deemed “a municipality in need of stabilization
and recovery” pursuant to section 4 of P.L.2016, c.4 (C.52:27BBBB-
4); however, actions taken pursuant to this subsection prior to the
effective date [June 24, 2021] of P.L.2021, c.124 shall be final and
shall not be subject to reconsideration.
j. The Local Finance Board may provide that any arbitration award,
including but not limited to an interest arbitration award, involving a
municipality deemed a “municipality in need of stabilization and
17
recovery” pursuant to section 4 of P.L.2016, c.4 (C.52:27BBBB-4)
shall be subject to the review and approval of the Director of the
Division of Local Government Services in the Department of
Community Affairs, including those on a collective negotiations
agreement where the matter has been submitted to an arbitrator
pursuant to law, and no such award shall be binding without the
approval of the director. Nothing in this subsection shall be
construed to limit the scope of any general or specific powers of the
Local Finance Board or the director set forth in P.L.2016, c.4
(C.52:27BBBB-4).
The provisions of this subsection shall no longer be applicable on
and after the first day of the sixth year next following the
determination by the Commissioner of Community Affairs that the
municipality shall be deemed “a municipality in need of stabilization
and recovery” pursuant to section 4 of P.L.2016, c.4 (C.52:27BBBB-
4); however, actions taken pursuant to this subsection prior to the
effective date [June 24, 2021] of P.L.2021, c.124 shall be final and
shall not be subject to reconsideration.
L. 1977, c. 85, § 3; amended 1995, c. 425, § 3; 1997, c. 183, § 1;
2007, c. 62, § 14, eff. Apr. 3, 2007; 2010, c. 105, § 1, eff. Jan. 1, 2011;
2014, c. 11, § 1, eff. June 24, 2014, retroactive to April 2, 2014; 2016,
c. 4, § 6, effective May 27, 2016; 2021, c. 124, § 5, effective June 24,
2021.
§ 34:13A-16.1. Annual continuing education program for
arbitrators
The commission shall establish an annual continuing education
program for the arbitrators appointed to its special panel of
arbitrators. The program shall include sessions or seminars on topics
and issues of relevance and importance to arbitrators serving on the
commission’s special panel of arbitrators, such as public employer
budgeting and finance, public management and administration,
employment trends and labor costs in the public sector, pertinent
court decisions, employment issues relating to law enforcement
officers and firefighters, and such other topics as the commission
shall deem appropriate and necessary. In preparing the curriculum
for the annual education program required under this section, the
commission shall solicit suggestions from employees’
representatives and public employers concerning the topics and
issues each of those parties deem relevant and important.
Every arbitrator shall be required to participate in the commission’s
continuing education program. If a mediator or an arbitrator in any
year fails to participate, the commission may remove that person
from its special panel of arbitrators. If an arbitrator fails to
participate in the continuing education program for two consecutive
years, the commission shall immediately remove that individual
from the special panel.
L. 1995, c. 425, § 4.
§ 34:13A-16.2. Guidelines for determining comparability of
jurisdictions
a. The commission shall promulgate guidelines for determining the
comparability of jurisdictions for the purposes of paragraph (2) of
subsection g. of section 3 of P.L.1977, c.85 (C.34:13A-16).
b. The commission shall review the guidelines promulgated under
this section at least once every four years and may modify or amend
them as is deemed necessary; provided, however, that the
commission shall review and modify those guidelines in each year in
which a federal decennial census is received by the Governor.
L. 1995, c. 425, § 5; 2021, c. 369, § 2, eff. January 12, 2022,
retroactive to July 1, 2021.
§ 34:13A-16.3. Fee schedule; commission’s costs
The commission may establish a fee schedule to cover the costs of
effectuating the provisions of P.L.1977, c.85 (C.34:13A-14 et seq.), as
amended and supplemented; provided, however, that the fees so
assessed shall not exceed the commission’s actual cost of
effectuating those provisions.
L. 1995, c. 425, § 6.
§ 34:13A-16.4. Biennial reports
The commission shall submit biennial reports to the Governor and
the Legislature on the effects of this amendatory and supplementary
act on the negotiations and settlements between local
governmental units and their public police departments and public
fire departments and to include with that report any
recommendations it may have for changes in the law. The reports
required under this section shall be submitted in January of even
numbered years.
L. 1995, c. 425, § 7.
§ 34:13A-16.5. Rules, regulations
The commission, in accordance with the provisions of the
“Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.),
shall promulgate rules and regulations to effectuate the purposes of
this act.
L. 1995, c. 425, § 8.
§ 34:13A-16.6. Survey of private sector wage increases
Beginning on the July 1 next following the enactment of P.L.1995,
c.425 (C.34:13A-14a et al.) and each July 1 thereafter, the New
Jersey Public Employment Relations Commission shall perform, or
cause to be performed, a survey of private sector wage increases for
use by all interested parties in public sector wage negotiations. The
survey shall include information on a Statewide and countywide
18
basis. The survey shall be completed by September 1 next following
enactment and by September 1 of each year thereafter. The survey
shall be a public document and the commission shall make it
available to all interested parties at a cost not exceeding the actual
cost of producing the survey.
L. 1995, c. 425, § 9.
§ 34:13A-16.7. Definitions relative to police and fire arbitration;
limitation on awards
a. As used in this section:
“Base salary” means the salary provided pursuant to a salary guide
or table and any amount provided pursuant to a salary increment,
including any amount provided for longevity or length of service. It
also shall include any other item agreed to by the parties, or any
other item that was included in the base salary as understood by the
parties in the prior contract. Base salary shall not include non-salary
economic issues, pension and health and medical insurance costs.
“Non-salary economic issues” means any economic issue that is not
included in the definition of base salary.
b. An arbitrator shall not render any award pursuant to section 3 of
P.L.1977, c.85 (C.34:13A-16) which, in the first year of the collective
negotiation agreement awarded by the arbitrator, increases base
salary items by more than 2.0 percent of the aggregate amount
expended by the public employer on base salary items for the
members of the affected employee organization in the twelve
months immediately preceding the expiration of the collective
negotiation agreement subject to arbitration. In each subsequent
year of the agreement awarded by the arbitrator, base salary items
shall not be increased by more than 2.0 percent of the aggregate
amount expended by the public employer on base salary items for
the members of the affected employee organization in the
immediately preceding year of the agreement awarded by the
arbitrator.
The parties may agree, or the arbitrator may decide, to distribute
the aggregate monetary value of the award over the term of the
collective negotiation agreement in unequal annual percentage
increases, which shall not be greater than the compounded value of
a 2.0 percent increase per year over the corresponding length of the
collective negotiation agreement. An award of an arbitrator shall not
include base salary items and non-salary economic issues which
were not included in the prior collective negotiations agreement.
L. 2010, c. 105, § 2, eff. Jan. 1, 2011; amended 2014, c. 11, § 2, eff.
June. 24, 2014, retroactive to April 2, 2014.
§ 34:13A-16.8. Police and Fire Public Interest Arbitration Impact
Task Force
a. There is established a task force, to be known as the Police and
Fire Public Interest Arbitration Impact Task Force.
b. The task force shall be comprised of eight members as follows:
(1) four to be appointed by the Governor;
(2) two to be appointed by the Senate President; and
(3) two to be appointed by the Speaker of the General Assembly.
c. All appointments shall be made within 30 days of the effective
date [Jan. 1, 2011] of P.L.2010, c.105 (C.34:13A-16.7 et al.).
Vacancies in the membership shall be filled in the same manner as
the original appointments. The members of the task force shall serve
without compensation but may be reimbursed, within the limits of
funds made available to the task force, for necessary travel expenses
incurred in the performance of their duties.
d.
(1) The task force shall organize as soon as is practicable upon the
appointment of a majority of its members and shall select a
chairperson from among the appointees of the Governor and a vice
chairperson from among the appointees of the Legislature. The
Chair of the Public Employment Relations Commission shall serve as
non-voting executive director of the task force.
(2) The task force shall meet within 60 days of the effective date
[Jan. 1, 2011] of P.L.2010, c.105 (C.34:13A-16.7 et al.) and shall meet
thereafter at the call of its chair. In furtherance of its evaluation, the
task force may hold public meetings or hearings within the State on
any matter or matters related to the provisions of this act, and call
to its assistance and avail itself of the services of the Public
Employment Relations Commission and the employees of any State
department, board, task force or agency which the task force
determines possesses relevant data, analytical and professional
expertise or other resources which may assist the task force in
discharging its duties under this act. Each department, board,
commission or agency of this State is hereby directed, to the extent
not inconsistent with law, to cooperate fully with the task force and
to furnish such information and assistance as is necessary to
accomplish the purposes of this act. In addition, in order to facilitate
the work of the task force, the Public Employment Relations
Commission shall post on its website all collective negotiations
agreements and interest arbitration awards entered or awarded
after the date of enactment, including a summary of contract or
arbitration award terms in a standard format developed by the
Public Employment Relations Commission to facilitate comparisons.
All collective negotiations agreements shall be submitted to the
Public Employment Relations Commission within 15 days of contract
execution.
e.
(1) It shall be the duty of the task force to study the effect and
impact of the arbitration award cap upon local property taxes;
collective bargaining agreements; arbitration awards; municipal
services; municipal expenditures; municipal public safety services,
particularly changes in crime rates and response times to emergency
situations; police and fire recruitment, hiring and retention; the
professional profile of police and fire departments, particularly with
regard to age, experience, and staffing levels; and such other
matters as the members deem appropriate and necessary to
evaluate the effects and impact of the arbitration award cap.
19
(2) Specifically, the task force shall study total compensation rates,
including factors subject to the arbitration award cap and factors
exempt from the arbitration award cap, of police and fire personnel
throughout the State and make recommendations thereon. The
task force also shall study the interest arbitration process and make
recommendations concerning its continued use in connection with
police and fire labor contracts disputes. The task force shall make
findings as to the relative growth in total compensation cost
attributable to factors subject to the arbitration award cap and to
factors exempt from the arbitration award cap, for both collective
bargaining agreements and arbitration awards.
f. The task force shall annually report its findings, along with any
recommendations it may have, to the Governor and, pursuant to
section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. The
task force’s final report due on or before December 31, 2017 shall
include, in addition to any other findings and recommendations, a
specific recommendation for any amendments to the arbitration
award cap. Upon the filing of its final report on or before December
31, 2017, the task force shall expire.
L. 2010, c. 105, § 3, eff. Jan. 1, 2011; amended 2014, c. 11, § 3, eff.
June 24, 2014, retroactive to April 2, 2014.
§ 34:13A-16.9. Effective date
This act shall take effect January 1, 2011; provided however, section
2 of P.L.2010, c.105 (C.34:13A-16.7) shall apply only to collective
negotiations between a public employer and the exclusive
representative of a public police department or public fire
department that relate to negotiated agreements expiring on that
effective date or any date thereafter until or on December 31, 2017,
whereupon, after December 31, 2017, the provisions of section 2 of
P.L.2010, c.105 (C.34:13A-16.7) shall become inoperative for all
parties except those whose collective negotiations agreements
expired prior to or on December 31, 2017 but for whom a final
settlement has not been reached.
L. 2010, c. 105, § 4, eff. Jan. 1, 2011; amended 2014, c. 11, § 4, eff.
June 24, 2014, retroactive to April 2, 2014.
§ 34:13A-17. Powers of arbitrator
The arbitrator may administer oaths, require the attendance of
witnesses, and the production of such books, papers, contracts,
agreements and documents as he may deem material to a just
determination of the issues in dispute, and for such purpose may
issue subpenas. If any person refuses to obey a subpena, or refuses
to be sworn or to testify, or if any witness, party or attorney is guilty
of any contempt while in attendance at any hearing, the arbitrator
may, or the Attorney General if requested shall, invoke the aid of the
Superior Court within the county in which the hearing is being held,
which court shall issue an appropriate order. Any failure to obey the
order may be punished by the court as contempt.
L. 1977, c. 85, 4, eff. May 10, 1977.
§ 34:13A-18. Limitations on finding, opinion, order of arbitrator
The arbitrator shall not issue any finding, opinion or order regarding
the issue of whether or not a public employer shall remain as a
participant in the New Jersey State Health Benefits Program or any
governmental retirement system or pension fund, or statutory
retirement or pension plan; nor, in the case of a participating public
employer, shall the arbitrator issue any finding, opinion or order
regarding any aspect of the rights, duties, obligations in or
associated with the New Jersey State Health Benefits Program or
any governmental retirement system or pension fund, or statutory
retirement or pension plan; nor shall the arbitrator issue any finding,
opinion or order reducing, eliminating or otherwise modifying
retiree benefits which exist as a result of a negotiated agreement,
ordinance or resolution because of the enactment of legislation
providing such benefits for those who do not already receive them.
L. 1977, c. 85, § 5; amended 1997, c. 330, § 4.
§ 34:13A-19. Decision; enforcement; venue; effective date of
award; amendment or modification
The decision of the arbitrator may be enforced at the instance of
either party in the Superior Court with venue laid in the county in
which the dispute arose. The commencement of a new public
employer fiscal year after the initiation of arbitration procedures
under this act, but before the arbitration decision, or its
enforcement, shall not be deemed to render a dispute moot, or to
otherwise impair the jurisdiction or authority of the arbitrator or his
decision. Increases in rates of compensation awarded by the
arbitrator shall take effect on the date of implementation prescribed
in the award. The parties, by stipulation, may at any time amend or
modify an award of arbitration.
L. 1977, c. 85, 6, eff. May 10, 1977.
§ 34:13A-20. [Repealed]
§ 34:13A-21. Change in conditions during pendency of proceedings;
prohibition without consent
During the pendency of proceedings before the arbitrator, existing
wages, hours and other conditions of employment shall not be
changed by action of either party without the consent of the other,
any change in or of the public employer or employee representative
notwithstanding; but a party may so consent without prejudice to
his rights or position under this supplementary act.
L. 1977, c. 85, 8, eff. May 10, 1977.
20
[An act concerning collective bargaining and public school
employees; arbitration for certain non-teaching school staff]
§ 34:13A-22. Definitions
As used in this act [C.34:13A-22 et seq.]:
“Commission” means the New Jersey Public Employment Relations
Commission.
“Commissioner” means the Commissioner of Education.
“Discipline” includes all forms of discipline, except tenure charges
filed pursuant to the provisions of subsubarticle 2 of subarticle B of
Article 2 of chapter 6 of Subtitle 3 of Title 18A of the New Jersey
Statutes, N.J.S.18A:6-10 et seq., or the withholding of increments
pursuant to N.J.S.18A:29-14.
“Employees” means employees of an employer as defined by this
act [C.34:13A-22 et seq.].
“Employer” means any local or regional school district, educational
services commission, jointure commission, county special services
school district, or board or commission under the authority of the
commissioner or the State Board of Education, and with respect to
section 8 of P.L.1989, c.269 (C.34:13A-29), any county college under
the authority of the Secretary of Higher Education.
“Extracurricular activities” include those activities or assignments
not specified as part of the teaching and duty assignments
scheduled in the regular work day, work week, or work year.
“Minor discipline” includes, but is not limited to, various forms of
fines and suspensions, but does not include tenure charges filed
pursuant to the provisions of subsubarticle 2 of subarticle B of
Article 2 of chapter 6 of Subtitle 3 of Title 18A of the New Jersey
Statutes, N.J.S.18A:6-10 et seq., or the withholding of increments
pursuant to N.J.S.18A:29-14, letters of reprimand, or suspensions
with pay pursuant to section 1 of P.L.1971, c.435 (C.18A:6-8.3) and
N.J.S.18A:25-6.
“Regular work day, work week, or work year” means that period of
time that all members of the bargaining unit are required to be
present and at work.
“Teaching staff member” means a member of the professional staff
of any employer holding office, position or employment of such
character that the qualifications, for the office, position or
employment, require him to hold a valid and effective standard,
provisional or emergency certificate, appropriate to that office,
position or employment, issued by the State Board of Examiners.
“Teaching staff member” includes a school nurse.
L. 1989, c. 269, § 1; amended by 2020, c. 66, § 2, effective August 13,
2020.
§ 34:13A-23. Assignment to extracurricular activities; subject to
collective negotiations
All aspects of assignment to, retention in, dismissal from, and any
terms and conditions of employment concerning extracurricular
activities shall be deemed mandatory subjects for collective
negotiations between an employer and the majority representative
of the employees in a collective bargaining unit, except that the
establishment of qualifications for such positions shall not constitute
a mandatory subject for negotiations. If the negotiated selection
procedures fail to produce a qualified candidate from within the
district the employer may employ from outside the district any
qualified person who holds an appropriate New Jersey teaching
certificate. If the employer is unable to employ a qualified person
from outside of the district, the employer may assign a qualified
teaching staff member from within the district.
L. 1989, c. 269, § 2.
§ 34:13A-24. Imposition of minor discipline
a. Notwithstanding any other law to the contrary, and if negotiated
with the majority representative of the employees in the
appropriate collective bargaining unit, an employer shall have the
authority to impose minor discipline on employees. Nothing
contained herein shall limit the authority of the employer to impose,
in the absence of a negotiated agreement regarding minor
discipline, any disciplinary sanction which is authorized and not
prohibited by law.
b. The scope of such negotiations shall include a schedule setting
forth the acts and omissions for which minor discipline may be
imposed, and also the penalty to be imposed for any act or omission
warranting imposition of minor discipline.
c. Fines and suspensions for minor discipline shall not constitute a
reduction in compensation pursuant to the provisions of N.J.S.
18A:6-10.
L. 1989, c. 269, § 3.
§ 34:13A-25. Transfer of employees
Transfers of employees by employers between work sites shall not
be mandatorily negotiable except that no employer shall transfer an
employee for disciplinary reasons.
L. 1989, c. 269, § 4.
§ 34:13A-26. Withholding increment for disciplinary reasons
Disputes involving the withholding of an employee’s increment by
an employer for predominately disciplinary reasons shall be subject
to the grievance procedures established pursuant to law and shall be
subject to the provisions of section 8 of this act [C.34:13A-29].
L. 1989, c. 269, § 5.
21
§ 34:13A-27. Resolution of disputes
a. If there is a dispute as to whether a transfer of an employee
between work sites or withholding of an increment of a teaching
staff member is disciplinary, the commission shall determine
whether the basis for the transfer or withholding is predominately
disciplinary.
b. If the commission determines that the basis for a transfer is
predominately disciplinary, the commission shall have the authority
to take reasonable action to effectuate the purposes of this act
[C.34:13A-22 et seq.].
c. If the commission determines that the basis for an increment
withholding is predominately disciplinary, the dispute shall be
resolved through the grievance procedures established pursuant to
law and shall be subject to the provisions of section 8 of this act
[C.34:13A-29].
d. If a dispute involving the reason for the withholding of a teaching
staff member’s increment is submitted to the commission pursuant
to subsection a. of this section, and the commission determines that
the reason for the increment withholding relates predominately to
the evaluation of a teaching staff member’s teaching performance,
the teaching staff member may file a petition of appeal pursuant to
N.J.S. 18A:6-9 and N.J.S. 18A:29-14, and the petition shall be
deemed to be timely if filed within 90 days of notice of the
commission’s decision, or of the final judicial decision in any appeal
from the decision of the commission, whichever date is later.
L. 1989, c. 269, § 6.
§ 34:13A-28. Additional rights
Nothing in this act [C.34:13A-22 et seq.] shall be deemed to restrict
or limit any right established or provided by section 7 of P.L.1968,
c.303 (C.34:13A-5.3); this act [C.34:13A-22 et seq.] shall be
construed as providing additional rights in addition to and
supplementing the rights provided by that section [C.34:13A-5.3].
L. 1989, c. 269, § 7.
§ 34:13A-29. Grievance procedures; binding arbitration
a. The grievance procedures that employers covered by this act
[C.34:13A-22 et seq.] are required to negotiate pursuant to section 7
of P.L.1968, c.303 (C.34:13A-5.3) shall be deemed to require binding
arbitration as the terminal step with respect to disputes concerning
imposition of reprimands and discipline as that term is defined in
this act [C.34:13A-22 et seq.].
b. In any grievance procedure negotiated pursuant to this act
[C.34:13A-22 et seq.], the burden of proof shall be on the employer
covered by this act [C.34:13A-22 et seq.] seeking to impose
discipline as that term is defined in this act [C.34:13A-22 et seq.].
c. In addition to any rights provided pursuant to subsection a. of this
section, an employee who is not a teaching staff member as defined
by section 1 of P.L.1989, c.269 (C.34:13A-22) shall have the right to
submit to binding arbitration any dispute regarding whether there is
just cause for a disciplinary action, including, but not limited to,
reprimands, withholding of increments, termination or non-renewal
of an employment contract, expiration or lapse of an employment
contract or term, or lack of continuation of employment,
irrespective of the reason for the employer’s action or failure to act,
and irrespective of any contractual or negotiated provision or lack
thereof. In the arbitration, the burden of proof shall be on the
employer.
The provisions of this subsection c. shall also apply to county college
employees other than faculty members or members of the
professional staff.
d. Nothing in this section shall be regarded as affecting the right of
any teaching staff member or majority representative to submit to
binding arbitration any dispute involving or relating to a teaching
staff member.
L. 1989, c. 269, § 8; amended by 2020, c. 66, § 1, effective August 13,
2020.
[An act concerning public employee labor organizations]
§ 34:13A-30. Employment with public employee labor
organizations, certain; prohibited
During the period in which an individual, pursuant to section 504 of
Pub.L.86-257 (29 U.S.C.s.504), is prohibited from serving: as a
consultant or adviser to any labor organization; as an officer,
director, trustee, member of any executive board or similar
governing body, business agent, manager, organizer, employee or
representative in any capacity of any labor organization; as a labor
relations consultant or adviser to a person engaged in an industry or
activity affecting commerce, or as an officer, director, agent or
employee of any group or association of employers dealing with any
labor organization, or in a position having specific collective
bargaining authority or direct responsibility in the area of labor-
management relations in any corporation or association engaged in
an industry or activity affecting commerce; in a position which
permits the individual to receive a share of the proceeds from
providing goods or services to any labor organization, or as an
officer, executive or administrative employee of any entity, the
activities of which are in whole or substantial part devoted to
providing goods or services to any labor organization; or in any
capacity involving decision-making authority over, or custody or
control of, the moneys, funds, assets or property of a labor
organization, the individual shall also be prohibited from serving:
(a) As a consultant or adviser to any organization representing
public employees;
(b) As an officer, director, trustee, member of any governing body,
business agent, manager, organizer, employee or representative in
any capacity of any organization representing public employees;
(c) As a labor relations consultant or adviser to any public employer,
or as an officer, director, agent or employee of any group or
association of public employers, or in a position in which the
22
individual has collective bargaining authority or responsibility in the
area of labor-management relations for a public employer;
(d) In a position which permits the individual to receive a share of
the proceeds from providing goods or services to any organization
representing public employees, or as an officer, executive or
administrative employee of any entity the activities of which are in
whole or substantial part devoted to providing goods or services to
any organization representing public employees; or
(e) In any capacity involving decision-making authority over, or
custody or control of, the moneys, funds, assets or property of an
organization representing public employees.
For the purposes of this section, “labor organization” means a labor
organization as defined in section 3 of Pub.L.86-257 (29 U.S.C.
s.402).
L. 1999, c. 3, § 1, eff. Jan. 21, 1999.
§ 34:13A-31. Short title [School Employees Contract Resolution and
Equity Act]
This act [C.34:13A-31 et seq.] shall be known and may be cited as
the “School Employees Contract Resolution and Equity Act.‘
L. 2003, c. 126, § 1, eff. July 10, 2003.
§ 34:13A-32. Definitions relative to school employee collective
negotiations
For the purposes of this act [C.34:13A-31 et seq.]:
“Employer” or “public employer” means any local or regional school
district, charter school and its board of trustees, vocational school
district, educational services commission, jointure commission,
county special services school district, community college, county
college, or board or commission under the authority of the
Commissioner of Education, the State Board of Education, or the
New Jersey Commission on Higher Education.
“Majority representative” means the majority representative of the
employees in a collective bargaining unit which is recognized or
certified as the majority representative as the result of recognition
or certification procedures under the “New Jersey Employer-
Employee Relations Act,” P.L. 1941, c. 100 (C. 34:13A-1 et seq.), or is
voluntarily recognized by the employer.
“Commission” means the New Jersey Public Employment Relations
Commission.
L. 2003, c. 126, § 2, eff. July 10, 2003.
§ 34:13A-33. Terms, conditions of employment under expired
agreements
Notwithstanding the expiration of a collective negotiations
agreement, an impasse in negotiations, an exhaustion of the
commission’s impasse procedures, or the utilization or completion
of the procedures required by this act [C.34:13A-31 et seq.], and
notwithstanding any law or regulation to the contrary, no public
employer, its representatives, or its agents shall unilaterally impose,
modify, amend, delete or alter any terms and conditions of
employment as set forth in the expired or expiring collective
negotiations agreement, or unilaterally impose, modify, amend,
delete, or alter any other negotiable terms and conditions of
employment, without specific agreement of the majority
representative.
L. 2003, c. 126, § 3, eff. July 10, 2003.
§ 34:13A-34. Participation in mandatory fact finding; report;
appointment of super conciliator
a. In any case in which collective negotiations between an employer
and a majority representative have failed to result in the parties
reaching agreement on the terms of a negotiated agreement and
the commission’s mediation procedures have been exhausted with
no final agreement having been reached, the parties shall be
required to participate in mandatory fact finding, which shall be
conducted by a fact finder under the jurisdiction of the commission,
subject to procedures established by the commission pursuant to
regulation. The fact finder shall be appointed no later than 30 days
after the last meeting between the parties and the mediator in
connection with the mediation pursuant to this act [C.34:13A-31 et
seq.].
b. Following completion of such fact finding, the fact finder’s report
shall be made available to the parties immediately after its issuance,
and to the public 10 days thereafter.
c. If the employer and the majority representative do not reach a
voluntary negotiated agreement within 20 days after the issuance of
the fact finder’s report, the commission shall appoint a super
conciliator to assist the parties, based upon procedures and subject
to qualifications established by the commission pursuant to
regulation.
L. 2003, c. 126, § 4, eff. July 10, 2003.
§ 34:13A-35. Investigatory proceedings
The super conciliator shall promptly schedule investigatory
proceedings. The purpose of the proceedings shall be to:
a. Investigate and acquire all relevant information regarding the
dispute between the parties;
b. Discuss with the parties their differences, and utilize means and
mechanisms, including but not limited to requiring 24-hour per day
negotiations, until a voluntary settlement is reached, and provide
recommendations to resolve the parties’ differences;
c. Modify or amend the fact finder’s report for reconsideration by
the parties in a further effort to achieve a voluntary settlement by
the parties; and
23
d. Institute any other non-binding procedures deemed appropriate
by the super conciliator.
L. 2003, c. 126, § 5, eff. July 10, 2003.
§ 34:13A-36. Final report
If the actions taken by the super conciliator fail to resolve the
dispute, the super conciliator shall issue a final report, which shall be
provided to the parties promptly and made available to the public
within 10 days thereafter.
L. 2003, c. 126, § 6, eff. July 10, 2003.
§ 34:13A-37. Confidentiality; exceptions
The mediator, fact finder, or super conciliator, while functioning in a
mediatory capacity, shall not be required to disclose any files,
records, reports, documents, or other papers classified as
confidential which are received or prepared by him or to testify with
regard to mediation conducted by him under this act [C.34:13A-31
et seq.]. Nothing contained herein shall exempt an individual from
disclosing information relating to the commission of a crime.
L. 2003, c. 126, § 7, eff. July 10, 2003.
§ 34:13A-38. Report to Governor, Legislature
Five years after the effective date [July 10, 2003] of this act
[C.34:13A-31 et seq.], the commission shall submit a report to the
Governor and to the Legislature on the effects of this act [C.34:13A-
31 et seq.] on the negotiations and settlement between school
employees and their employers with any recommendations it may
have for any changes in the law.
L. 2003, c. 126, § 8, eff. July 10, 2003.
§ 34:13A-39. Rules, regulations
The commission, in accordance with the provisions of the
“Administrative Procedure Act,” P.L. 1968, c. 410 (C. 52:14B-1 et
seq.) shall promulgate rules and regulations to effectuate the
purposes of this act [C.34:13A-31 et seq.].
L. 2003, c. 126, § 9, eff. July 10, 2003.
[An act concerning employee assistance programs for certain
public employees]
§ 34:13A-40. Definitions relative to employee assistance programs
for certain public employees
For the purposes of this act [C.34:13A-40 et seq.]:
“Civil union” means a civil union as defined in section 2 of P.L.2006,
c.103 (C.37:1-29).
“Employee assistance program” means a program in which a public
employer provides or contracts with a service provider to provide
assistance to the employer’s employees and their dependents to
resolve problems which may affect employee work performance,
irrespective of whether the problems originate on the job, including,
but not limited to, marital and family problems, emotional
problems, substance abuse, compulsive gambling, financial
problems, and medical problems.
“Dependent” means an employee’s spouse, civil union partner, or
domestic partner, an unmarried child of the employee who is less
than 31 years of age and lives with the employee in a regular parent-
child relationship, or an unmarried child of the employee who is not
less than 31 years of age and is not capable of self support. “Child of
the employee” includes any child, stepchild, legally adopted child, or
foster child of the employee, or of a domestic partner or civil union
partner of the employee, who is reported for coverage and
dependent upon the employee for support and maintenance.
“Domestic partner” means a domestic partner as defined in section
3 of P.L.2003, c.246 (C.26:8A-3).
“Employee” means an employee of a public employer.
“Public employer” means the State of New Jersey, or the counties
and municipalities thereof, or any other political subdivision of the
State, or a school district, or any special district, or any authority,
including a bi-state authority, or any commission, or board, or any
branch or agency of the public service.
L. 2011, c. 69, § 1, eff. May 9, 2011.
§ 34:13A-41. Employee assistance programs; licensure,
establishment
Employee assistance programs may provide advice, counseling,
treatment, referral and other assistance, except that nothing in this
act [C.34:13A-40 et seq.] shall be construed to authorize a person to
provide any service in connection with an employee assistance
program without holding the license required by law to provide the
service. An employee assistance program may be established
through a negotiated agreement between the majority
representative of the employees in an appropriate bargaining unit
and a public employer, or established by a public employer through
the adoption of a policy which conforms to the requirements of this
act [C.34:13A-40 et seq.].
L. 2011, c. 69, § 2, eff. May 9, 2011.
§ 34:13A-42. Prohibited actions by public employer
No public employer shall take any action against an employee of the
employer, including termination, because the employee or a
dependent of the employee has obtained counseling, referrals or
other services from an employee assistance program or has
obtained treatment or other services from any program to which the
employee assistance program refers the employee or dependent,
unless the employee was referred by the employer to the employee
24
assistance program due to issues related to job performance and
fails to make a good faith effort to comply with the
recommendations made by the employee assistance program. The
provisions of this section shall not be construed as preventing the
public employer from taking any action which the employer is
otherwise authorized to take for workplace misconduct of the
employee or poor work performance, even if the misconduct or
poor performance is related to a problem for which the employee is
obtaining services provided by an employee assistance program or
other program to which the employee assistance program refers the
employee.
L. 2011, c. 69, § 3, eff. May 9, 2011.
§ 34:13A-43. Confidentiality; waivers
a. Except as provided in subsection b. of this section, each request
by an employee or dependent for assistance from, referral to,
participation in, or referral by, an employee assistance program shall
be confidential, and no public employer, service provider or other
person shall divulge to any person that an employee or dependent
has requested assistance from, been referred to, or participated in,
an employee assistance program or any treatment program to which
the employee assistance program refers the employee or
dependent. The requirement of confidentiality shall apply to all
information related to an employee assistance program, including
but not limited to any statements, materials, documents,
evaluations, impressions, conclusions, findings, or acts taken in the
course of, or in connection with, the program. If, however, a public
employer documents to the employee assistance program that the
employee has accepted a referral by a public employer for
assistance during normal working hours with sick leave or other paid
leave, the public employer shall be entitled to know whether the
employee has kept his appointment and the amount of time of the
appointment.
b. The requirements for confidentiality provided for in subsection a.
of this section may be waived only if:
(1) the employee or dependent to whom the information applies
has requested and authorized a waiver; the waiver is in writing and
specifies the information to be released and the persons to whom
the information may be provided; and the information released is
the information authorized for release by the employee or
dependent and is released only to the persons designated by the
employee or dependent, provided that a public employer may not
require an employee to authorize a waiver pursuant to this
subsection or take any action against an employee for not
authorizing the waiver;
(2) the employee assistance program advisor reasonably believes
that the employee is at substantial risk of imminent death or serious
bodily injury to self or others; or
(3) the advisor is reporting suspected child abuse or neglect.
c. The provisions of this act [C.34:13A-40 et seq.] shall not be
construed to affect other evidentiary privileges and recognized
exceptions.
L. 2011, c. 69, § 4, eff. May 9, 2011.
[An act concerning collective bargaining agreements and
subcontracting by any local or regional school district, educational
services commission, jointure commission, county special services
school district, county college, or board or commission under the
authority of the Commissioner of Education or the State Board of
Education]
§ 34:13A-44. Definitions relative to collective bargaining
agreements and subcontracting
As used in this act [C.34:13A-44 et seq.]:
“Employer” means any local or regional school district, educational
services commission, jointure commission, county special services
school district, county college, or board or commission under the
authority of the Commissioner of Education or the State Board of
Education.
“Employee” means any employee, whether employed on a full or
part-time basis, of an employer.
“Subcontracting” means any action, practice, or effort by an
employer which results in any services or work performed by any of
its employees being performed or provided by any other person,
vendor, corporation, partnership or entity.
“Subcontracting agreement” means any agreement or arrangement
entered into by an employer to implement subcontracting, but shall
not include any contract entered into pursuant to the “Uniform
Shared Services and Consolidation Act,” P.L.2007, c.63 (C.40A:65-1
et al.), or any contract entered into to provide services to nonpublic
schools through State or federal funds.
L. 2020, c. 79, § 1, effective September 11, 2020.
§ 34:13A-45. Subcontracting mandatory subjects of negotiations,
exceptions
Except for actions of an employer expressly required or prohibited
by the provisions of this act [C.34:13A-44 et seq.], all aspects or
actions relating to or resulting from an employer’s decision to
subcontract including, but not limited to, whether or not severance
pay is provided, shall be mandatory subjects of negotiations.
L. 2020, c. 79, § 2, effective September 11, 2020.
§ 34:13A-46. Employer entering into subcontract agreement,
terms, conditions
No employer shall enter into a subcontracting agreement which
affects the employment of any employees in a collective bargaining
unit represented by a majority representative during the term that
25
an existing collective bargaining agreement with the majority
representative is in effect. No employer shall enter into a
subcontracting agreement for a period following the term of the
current collective bargaining agreement unless the employer:
a. Provides written notice to the majority representative of
employees in each collective bargaining unit which may be affected
by the subcontracting agreement and to the New Jersey Public
Employment Relations Commission, not less than 90 days before the
employer requests bids, or solicits contractual proposals for the
subcontracting agreement; and
b. Has offered the majority representative of the employees in each
collective bargaining unit which may be affected by the
subcontracting agreement the opportunity to meet and consult with
the employer to discuss the decision to subcontract, and the
opportunity to engage in negotiations over the impact of the
subcontracting. The employer’s duty to negotiate with the majority
representative of the employees in each collective bargaining unit
shall not preclude the employer’s right to subcontract should no
successor agreement exist.
L. 2020, c. 79, § 3, effective September 11, 2020.
§ 34:13A-47. Rights of displaced employee
Each employee replaced or displaced as the result of a
subcontracting agreement shall retain all previously acquired
seniority during that period and shall have recall rights whenever
the subcontracting terminates.
L. 2020, c. 79, § 4, effective September 11, 2020.
§ 34:13A-48. Violation, unfair practice; remedies
An employer who violates any provision of this act [C.34:13A-44 et
seq.] shall be deemed to have committed an unfair practice, and any
employee or majority representative organization affected by the
violation may file an unfair practice charge with the New Jersey
Public Employment Relations Commission. If the employee or
organization prevails on the charge, the employee is entitled to a
remedy including, but not limited to, reinstatement, back pay, back
benefits, back emoluments, tenure and seniority credit, attorney’s
fees, and any other relief the commission deems appropriate to
effectuate the purposes of this act [C.34:13A-44 et seq.].
L. 2020, c. 79, § 5, effective September 11, 2020.
§ 34:13A-49. Construction of act
Nothing in this act [C.34:13A-44 et seq.] shall be construed as
authorizing subcontracting which is not otherwise authorized by law.
Nothing in this act [C.34:13A-44 et seq.] shall be construed as
restricting or limiting any right established or provided for
employees by section 7 of P.L.1968, c.303 (C.34:13A-5.3); the
purpose of this act [C.34:13A-44 et seq.] is to provide rights in
addition to those provided in that section.
L. 2020, c. 79, § 6, effective September 11, 2020.
[An act concerning collective bargaining agreements and
subcontracting by a State college or university established
pursuant to chapter 64 of Title 18A of the New Jersey Statutes or a
public research university]
§ 34:13A-50. Definitions relative to collective bargaining
As used in this act [C.34:13A-50 et seq.]:
“Employer” means a State college or university established pursuant
to chapter 64 of Title 18A of the New Jersey Statutes or a public
research university.
“Employee” means any employee, whether employed on a full or
part-time basis, of an employer.
“Subcontracting” means any action, practice, or effort by an
employer which results in any services or work performed by any of
its employees being performed or provided by any other person,
vendor, corporation, partnership or entity.
“Subcontracting agreement” means any agreement or arrangement
entered into by an employer to implement subcontracting.
L. 2021, c. 104, § 1, effective June 11, 2021.
§ 34:13A-51. Mandatory subjects of negotiations
Except for actions of an employer expressly required or prohibited
by the provisions of this act [C.34:13A-50 et seq.], all aspects or
actions relating to or resulting from an employer’s decision to
subcontract including, but not limited to, whether or not severance
pay is provided, shall be mandatory subjects of negotiations.
L. 2021, c. 104, § 2, effective June 11, 2021.
§ 34:13A-52. Subcontracting agreement conditions
No employer shall enter into a subcontracting agreement which
affects the employment of any employees in a collective bargaining
unit represented by a majority representative during the term that
an existing collective bargaining agreement with the majority
representative is in effect. No employer shall enter into a
subcontracting agreement for a period following the term of the
current collective bargaining agreement unless the employer:
a. Provides written notice to the majority representative of
employees in each collective bargaining unit which may be affected
by the subcontracting agreement and to the New Jersey Public
Employment Relations Commission, not less than 90 days before the
employer requests bids, or solicits contractual proposals for the
subcontracting agreement; and
26
b. Has offered the majority representative of the employees in each
collective bargaining unit which may be affected by the
subcontracting agreement the opportunity to meet and consult with
the employer to discuss the decision to subcontract, and the
opportunity to engage in negotiations over the impact of the
subcontracting. The employer’s duty to negotiate with the majority
representative of the employees in each collective bargaining unit
shall not preclude the employer’s right to subcontract should no
successor agreement exist.
L. 2021, c. 104, § 3, effective June 11, 2021.
§ 34:13A-53. Replaced, displaced employee; seniority retained
Each employee replaced or displaced as the result of a
subcontracting agreement shall retain all previously acquired
seniority during that period and shall have recall rights whenever
the subcontracting terminates.
L. 2021, c. 104, § 4, effective June 11, 2021.
§ 34:13A-54. Unfair practice charge
An employer who violates any provision of this act [C.34:13A-50 et
seq.] shall be deemed to have committed an unfair practice, and any
employee or majority representative organization affected by the
violation may file an unfair practice charge with the New Jersey
Public Employment Relations Commission. If the employee or
organization prevails on the charge, the employee is entitled to a
remedy including, but not limited to, reinstatement, back pay, back
benefits, back emoluments, tenure and seniority credit, attorney’s
fees, and any other relief the commission deems appropriate to
effectuate the purposes of this act [C.34:13A-50 et seq.].
L. 2021, c. 104, § 5, effective June 11, 2021.
§ 34:13A-55. Purpose of act
Nothing in this act [C.34:13A-50 et seq.] shall be construed as
authorizing subcontracting which is not otherwise authorized by law.
Nothing in this act [C.34:13A-50 et seq.] shall be construed as
restricting or limiting any right established or provided for
employees by section 7 of P.L.1968, c.303 (C.34:13A-5.3); the
purpose of this act [C.34:13A-50 et seq.] is to provide rights in
addition to those provided in that section.
L. 2021, c. 104, § 6, effective June 11, 2021.
§ 34:13A-56. Short title [Responsible Collective Negotiations Act]
This act [C.34:13A-56 et al.] shall be known and may be cited as the
“Responsible Collective Negotiations Act.”
L. 2021, c. 411, § 1, effective January 18, 2022.
§ 34:13A-57. Findings, declarations
The Legislature finds and declares that the public interest is best
served in the prompt settlement of labor disputes and in achieving
cost effective and creative solutions to ensure the efficient delivery
of public services and that policy is best achieved by entrusting
democratically elected government officials with broad authority to
negotiate over the terms of employment of their employees.
L. 2021, c. 411, § 2, effective January 18, 2022.
§ 34:13A-58. Definitions
Notwithstanding any provisions of the “New Jersey Employer-
Employee Relations Act,” P.L.1941, c.100 (C.34:13A-1 et seq.), or any
other law to the contrary, as used in sections 1 through 9 of
P.L.2021, c.411 (C.34:13A-56 through C.34:13A-64):
a. The term “commission” means the New Jersey Public
Employment Relations Commission.
b. The term “employer” means the State of New Jersey, or the
several counties and municipalities thereof, or any other political
subdivision of the State, or any special district, or any county
college, or any authority, commission or board, or any branch or
agency of the State, except that the term does not include any local
or regional school district, or board or commission under the
authority of the Commissioner of Education or the State Board of
Education.
c. The term “employee” means an employee of an employer as
defined by subparagraph b. above, but does not include firefighting
employees of public fire departments or employees engaged in
performing police services for public police departments as those
terms are defined by section 2 of P.L.1977, c.85 (C.34:13A-15),
except that, for the purposes of sections 6 through 9 of P.L.2021,
c.411 (C.34:13A-61 through C.34:13A-64), the term “employee” also
includes firefighting employees of public fire departments or
employees engaged in performing police services for public police
departments as those terms are defined by section 2 of P.L.1977,
c.85 (C.34:13A-15).
d. The terms “employee organization” and “majority
representative”, unless otherwise specified, mean the “exclusive
majority representative” either certified by the commission or
recognized by the public employer.
L. 2021, c. 411, § 3, effective January 18, 2022.
§ 34:13A-59. Collective negotiations, resolution of disputes,
employment terms, conditions
Notwithstanding any provisions of the “New Jersey Employer-
Employee Relations Act,” P.L.1941, c.100 (C.34:13A-1 et seq.), or any
other law to the contrary:
a. Permissive subjects for collective negotiation shall include all
terms and conditions of employment that are not otherwise
mandatorily negotiable and that intimately and directly affect
27
employee work and welfare, unless otherwise preempted by State
or federal statute, or unless a negotiated agreement would prevent
government from carrying out its statutory mission.
b. Administrative regulations adopted after the effective date [Jan.
18, 2022] of P.L.2021, c.411 (C.34:13A-56 et al.) that set terms and
conditions of employment or that grant public employers authority
over terms and conditions of employment do not preempt collective
negotiations and do not supersede the provisions of any negotiated
agreement, except that terms and conditions of employment set by
statutes and regulations shall not be diminished by a negotiated
agreement.
c. Parties may submit disputes about whether a matter is within the
scope of collective negotiations to the commission, pursuant to the
authority vested in it by subsection d. of section 1 of P.L.1974, c.123
(C.34:13A-5.4).
d. Grievance procedures shall provide for binding arbitration as the
means for resolving disputes over the application, interpretation or
violation of the terms of a collective negotiations agreement
entered into by the parties.
e. Where an employer and a majority representative agree to
disciplinary review procedures that provide for binding arbitration of
disputes involving employees who are covered by alternate
statutory review procedures, other than public employees subject to
discipline pursuant to R.S.53:1-10, the disciplinary review
procedures established by agreement between an employer and a
majority representative shall be utilized for any dispute covered by
the terms of such agreement.
f. Notwithstanding the expiration of a collective negotiations
agreement, an impasse in negotiations, an exhaustion of the
commission’s impasse procedures, or the utilization or completion
of the procedures required by P.L.2021, c.411 (C.34:13A-56 et al.) to
resolve disputes involving collective negotiations, and
notwithstanding any law or regulation to the contrary, no public
employer, its representatives, or its agents shall unilaterally impose,
modify, amend, delete, or alter any mandatorily negotiable terms
and conditions of employment as set forth in the expired or expiring
collective negotiations agreement, or unilaterally impose, modify,
amend, delete, or alter any other mandatorily negotiable terms and
conditions of employment that are not set forth in a collective
negotiations agreement, without the specific written agreement of
the majority representative. Following contract expiration, and
notwithstanding any law or regulation to the contrary, absent
express language in a collective negotiations agreement providing
that a specific term of the agreement will not continue after the
expiration of the collective negotiations agreement, all terms and
conditions of the agreement, including, but not limited to, the
payment of salary increments, shall remain in effect following the
agreement’s expiration until the parties reach agreement on a
successor collective negotiations agreement.
g. Notwithstanding any provision of this section, the Legislature
retains the right to exempt from collective negotiations subjects that
would otherwise be mandatory subjects of negotiations.
h. Notwithstanding any provision of this section, the resolution of
disputes concerning negotiations over terms and conditions of
employment shall not be subject to compulsory interest arbitration
as set forth in P.L.1995, c.425 (C.34:13A-14a et seq.).
i. The parties to collective negotiations may not insist on negotiating
over permissive subjects of negotiations. A party’s decision to not
negotiate or to cease negotiating over a permissive subject of
negotiations is not a violation of subsection a. or b. of section 1 of
P.L.1974, c.123 (C.34:13A-5.4).
j. The commission shall promulgate regulations to enforce the
provisions of this section.
L. 2021, c. 411, § 4, effective January 18, 2022.
§ 34:13A-60. Communications related to grievances, confidential
disciplinary disputes
The communications between a representative of a majority
representative of employees and a unit member regarding the
investigation and preparation for meetings and hearings of
grievances and disciplinary disputes, shall be treated as confidential
communications and shall not be subject to disclosure under the
discovery rules of New Jersey administrative agencies, including, but
not limited to, the Office of Administrative Law and the commission,
or pursuant to section 17 of P.L.2003, c.95 (C.2A:23B-17), and other
applicable State laws authorizing arbitrators, presiding at labor
arbitrations, to issue subpoenas. This section does not apply to the
New Jersey Court Rules or to records that are required by statute,
case law, or the New Jersey Court Rules to be made available to the
public by entities provided for in Article VI of the New Jersey
Constitution.
L. 2021, c. 411, § 5, effective January 18, 2022.
§ 34:13A-60.1. Excluded entities
The provisions of sections 4 and 5 of P.L.2021, c.411 (C.34:13A-59
and C.34:13A-60), and of subsection c. of section 5 of P.L.2018, c.15
(C.34:13A-5.15) shall not apply to:
a. the several counties and municipalities;
b. authorities, commissions, boards or other instrumentalities of the
several counties and municipalities;
c. State colleges and universities, including Kean University,
Montclair State University, and Rowan University;
d. county colleges;
e. Rutgers, the State University of New Jersey; or
f. the New Jersey Institute of Technology.
L. 2021, c. 411, § 13, effective January 18, 2022.
28
§ 34:13A-61. Cost of representation in case of employee who does
not pay dues to majority representative
Notwithstanding any provisions of the “New Jersey Employer-
Employee Relations Act,” P.L.1941, c.100 (C.34:13A-1 et seq.), or any
other law to the contrary, if an employee who does not pay dues to
a majority representative requests that the majority representative
represent the employee in arbitration proceedings to enforce the
terms of the collective negotiations agreement between the
majority representative and the public employer, including
arbitration proceedings involving the resolution of disciplinary
disputes, the majority representative may charge an employee for
the cost of representing the employee in the arbitration
proceedings, and may decline to represent an employee in the
arbitration unless the employee agrees to pay for the cost of the
representation.
L. 2021, c. 411, § 6, effective January 18, 2022.
§ 34:13A-62. Collective negotiations agreement parties, authority,
arbitration
Only the parties to a collective negotiations agreement shall have
the authority to invoke the arbitration procedures of the agreement
and the public employer and the employee organization shall be the
only parties to the arbitration proceeding invoked pursuant to the
collective negotiations agreement.
L. 2021, c. 411, § 7, effective January 18, 2022.
§ 34:13A-63. Majority representative election, certification;
electronic signature
Authorization cards or showings of interest submitted to the
commission for purposes of conducting an election to select a
majority representative or certifying an employee organization as
the exclusive majority representative based on a majority of
employees in the unit signing authorization cards or a petition, may
bear the electronic signature of the employee, as the term
electronic signature is defined in section 2 of P.L.2001, c.116
(C.12A:12-2), provided that the petitioner provides to the
commission verification as to the authenticity of the electronic
signature, such as an email from the employee signatory confirming
the authenticity of their signature or such other verification deemed
acceptable by the commission. Facsimile transmissions and email
will be accepted in lieu of originals for authorization cards and
showings of interest in certification cases; however, all original
filings and submissions shall be retained by the petitioner and the
originals shall be produced upon request of the commission.
L. 2021, c. 411, § 8, effective January 18, 2022.
§ 34:13A-64. Violation, unfair practice charge; scheduling of
hearings
Complaints issued based on a violation of paragraph (3) of
subsection (a) of section 1 of P.L.1974, c.123 (C.34:13A-5.4) shall be
scheduled for hearing within 120 calendar days from date of
complaint issuance, unless the parties agree to extend the time for
complaint issuance. Within 60 calendar days of the filing of an unfair
practice charge alleging the violation, the commission shall decide
whether or not to issue a complaint. The commission shall
promulgate rules to provide for discovery prior to the
commencement of a hearing.
L. 2021, c. 411, § 9, effective January 18, 2022.