N.J. Admin. Code § 12:105-3.1

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

Section 12:105-3.1 - Nomination of arbitrators

(a) First list:

1. Upon receipt of a Demand or submission for arbitration, the board shall submit simultaneously to the parties an identical list of 10 names chosen from the panel, including a biographical sketch and a per diem fee for each arbitrator.

2. Each party within 10 working days from the date of mailing said lists shall strike those names deemed unacceptable and return said list to the board. Parties may list a preference among those deemed acceptable.

3. The board shall designate as arbitrator a person available from those lists who is acceptable to both parties.

4. If either party objects to the complete list of 10 names as submitted, it may request that the board submit a new list of 10 names.

(b) Second list:

1. If requested, the board will forward a second list of 10 names to the parties.

2. Each party within five working days from the date of mailing said list shall strike those names deemed unacceptable and return said list to the board. Parties may list a preference among those deemed acceptable.

3. The board shall designate as arbitrator a person available from those lists who is acceptable to both parties.

4. If either party objects to the complete second list of 10 names as submitted, it may request a third and final list of three names.

(c) Third list:

1. If requested, the board will forward a third and final list of three names to the parties.

2. The parties shall have five working days from the date of mailing the third list to return it to the board.

3. The parties may strike one name; however, any name not stricken shall be deemed acceptable.

4. If the parties in writing make a joint request to waive the third list and authorize the board to appoint an arbitrator, the board shall honor such joint request.

(d) If at any point in the arbitrator appointment process:

1. Both parties fail to return a list within the specified time period, all arbitrators shall be deemed acceptable and the board shall be empowered to designate any arbitrator so listed.

2. One party fails to return a list within the specified time period, the board shall appoint an arbitrator from the list received, by the order of listing, if any.

(e) Where a collective bargaining agreement calls for an arbitration board as the final step of a grievance procedure and where the board is designated as the agency to appoint an impartial arbitrator in situations when the company and union appointed arbitrators cannot agree upon such arbitrator, the parties shall submit the names and addresses of their arbitrators in a letter addressed to the board. In such case, a list of 10 panel members will be sent to the parties or to their arbitrators, as requested, for selection as prescribed in this section.

N.J. Admin. Code § 12:105-3.1