New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 35 - WORK FIRST NEW JERSEY AND FOOD STAMP EMPLOYMENT AND TRAINING PROGRAM
Subchapter 2 - PLACEMENT OR USE OF WORK FIRST/FSETP PARTICIPANTS AT WORKPLACE
Section 12:35-2.2 - Complaint procedures: State service employees

Universal Citation: NJ Admin Code 12:35-2.2

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Any State employee who believes he or she has been adversely affected by a violation of 12:35-2.1, or his or her duly authorized union representative, may file a complaint with the Governor's Office of Employee Relations.

1. The complaint shall be filed and reviewed pursuant to the State contract under which the complainant is covered.

2. The complaint shall be filed within 30 days of either the Work First/FSETP participant's placement or use at the workplace, or the date on which the complainant should reasonably have known of his or her placement or use, or 30 days of when the alleged violation of 12:35-2.1 occurred.

3. A copy of the complaint shall be forwarded to the Division of Family Development within the Department of Human Services and to the Division of One-Stop Programs and Services, within the Department of Labor and Workforce Development.

4. The Governor's Office of Employee Relations shall investigate and render a decision as to the appropriateness of the Work First/FSETP participant's placement or use at the worksite within 30 days of receipt of the complaint.

5. The complainant or his or her duly authorized union representative may appeal the decision of the Governor's Office of Employee Relations within 30 days of receipt of the decision pursuant to the State contract under which the complainant is covered.

6. The Governor's Office of Employee Relations shall set up an arbitration proceeding pursuant to the State contract under which the complainant is covered upon the receipt of the appeal.

7. The arbitrator shall determine whether a violation of 12:35-2.1 above has occurred and, if so, shall provide an appropriate legal remedy.

8. The cost of the arbitration shall be shared equally by both parties.

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