N.J. Admin. Code § 19:16-3.1

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

Section 19:16-3.1 - Initiation of mediation

(a) In the event that a public employer and an exclusive employee representative have failed to achieve an agreement through direct negotiations, either the public employer, the employee representative, or the parties jointly, may notify the Director of Conciliation and Arbitration, in writing, of the existence of an impasse and request the appointment of a mediator. An original and four copies of such notification and request shall be filed, and shall be signed and dated and shall contain the following information:

1. The name and address of the public employer that is a party to the collective negotiations; the name, address, telephone number, and title of its representative to be contacted; and the name, address and telephone number of any attorney/consultant representing the public employer;

2. The name and address of the exclusive representative that is a party to the collective negotiations; the name, address, telephone number, and title of its representative to be contacted; and the name, address and telephone number of any attorney/consultant representing the employee representative;

3. A description of the collective negotiations unit, including the approximate number of employees in the unit;

4. The dates and duration of negotiations sessions;

5. The termination date of the current agreement, if any;

6. The public employer's required budget submission date;

7. Whether the request is a joint request; and

8. A detailed statement of the facts giving rise to the request, including all issues in dispute.

(b) A blank form for filing a Notice of Impasse to request mediation may be downloaded from the Commission's web site at: http://www.state.nj.us/perc/NJ_PERC_Notice_of_Impasse_-_Form.pdf or will be supplied upon request addressed to: Public Employment Relations Commission, PO Box 429, Trenton, NJ 08625-0429.

(c) Upon receipt of the Notice of Impasse, the Director of Conciliation and Arbitration shall appoint a mediator if he or she determines after investigation that mediation is not being resorted to prematurely, that the parties have been unable to reach an agreement through direct negotiations, and that an impasse exists in negotiations.

(d) The Commission or the Director of Conciliation and Arbitration may also initiate mediation at any time in the absence of a request in the event of the existence of an impasse.

(e) Any mediation invoked pursuant to this section shall terminate immediately upon the filing of a petition for interest arbitration.

N.J. Admin. Code § 19:16-3.1

Amended by R.1996 d.365, effective 10/21/1996.
See: 28 N.J.R. 2801(a), 28 N.J.R. 4598(a).
Amended by R.2012 d.166, effective 10/1/2012.
See: 44 N.J.R. 562(a), 44 N.J.R. 2304(a).
In the introductory paragraph of (a), and in (c) and (d), inserted "and Arbitration"; in (a)7, inserted "and" at the end; in (a)8, substituted a period for ", identifying the issues as economic or noneconomic within the meaning of N.J.S.A. 34:13A-16(f)(2); and" at the end; deleted (a)9; rewrote (b); in (c), substituted "Notice of Impasse" for "notification and request", and added (e).