Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any non-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 Assistant
Commissioner.
1. 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 use or 30 days of when the alleged violation of
12:35-2.1 occurred.
2. The complaint shall be made in writing and
specify the basis for the complaint.
3.
Each party shall serve copies of the complaint and any supplemental material
submitted on the other party.
4. A copy
of the complaint shall be forwarded to the Division of Family Development within the
Department of Human Services.
5. A party
may review the file at the offices of the Division of One-Stop Programs and Services
during regular business hours.
(b) The Assistant Commissioner shall investigate
the complaint and render a written decision as to the appropriateness of the Work
First/FSETP participant's placement or use at the workplace within 10 days of
receipt of the complaint.
1. If the Assistant
Commissioner determines that the placement or use of the Work First/FSETP
participant violates
12:35-2.1, he or she shall notify the
agency responsible for placement that the placement or use is not appropriate and
that the participant should be immediately removed from the position.
2. The decision of the Assistant Commissioner
shall advise the parties of the right to appeal to the New Jersey State Board of
Mediation for an expedited binding arbitration.
(c) A complainant or his or her duly authorized
union representative may appeal the final decision of the Assistant Commissioner to
the Board of Mediation within 10 days of receipt of the decision.
1. Upon receipt of an appeal, the Board of
Mediation shall provide expedited binding arbitration in accordance with its rules
at N.J.A.C. 12:105.
2. The arbitrator
shall determine whether a violation of N.J.A.C. 12:35-6.1 has occurred and, if so,
the arbitrator shall provide an appropriate legal remedy.
3. The cost of the arbitration shall be shared
equally by both parties.
