New Jersey Administrative Code
Title 19 - OTHER AGENCIES
PUBLIC EMPLOYMENT RELATIONS COMMISSION
Chapter 12A - SUPER CONCILIATION-HEALTH BENEFITS PLAN DESIGN AND PENSION COMMITTEES
Subchapter 1 - SUPER CONCILIATION-HEALTH BENEFITS PLAN DESIGN AND PENSION COMMITTEES
Section 19:12A-1.3 - Appointment of a super conciliator

Universal Citation: NJ Admin Code 19:12A-1.3

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

(a) The executive secretary of a committee established pursuant to P.L. 2011, c. 78, or in the absence of the executive secretary, a committee designee, may file a petition seeking the appointment of a super conciliator pursuant to N.J.S.A. 52:14-17.27b, applicable to health benefits plan design committees, or N.J.S.A. 43:3C-17, applicable to pension committees where:

1. The committee fails to render a decision on a matter before it because it has not received a vote of the majority of the committee members; and

2. Sixty days have passed following the initial consideration of the matter by the committee.

(b) The petition to invoke super conciliation is available on the Public Employment Relations Commission's (Commission) website at www.state.nj.us/perc or may be supplied upon request.

(c) A petition for super conciliation shall be filed with the Director of Conciliation and Arbitration, Public Employment Relations Commission, PO Box 429, Trenton, NJ 08625-0429. The petition and any supporting documents may be filed by electronic mail sent to mail@perc.state.nj.us or by facsimile to (609) 777-0089, provided that a petition containing original signatures is filed with the Commission within five days after electronic filing.

(d) The petition shall include the following information:

1. The name of the committee;

2. The name and contact information (address, phone, fax, and email) of the committee's executive secretary;

3. The names of all committee members;

4. A clear description of the unresolved issue(s) that shall include:

i. The initial date each matter was first considered;

ii. Copies of resolutions or motions pertinent to each matter in dispute;

iii. The record of the vote on each matter in dispute; and

iv. Copies of the minutes of meetings at which the matters were considered;

5. If tentative agreements have been reached, copies of such agreements shall be attached; and

6. The committee's executive secretary, or in the absence of the executive secretary, a committee designee, shall sign and date the petition and shall make the following certification:

I certify that this request for the appointment of a super conciliator is being submitted pursuant to N.J.S.A. 52:14-17.27b, or N.J.S.A. 43:3C-17, as applicable, because a majority vote of committee members has not been received following 60 days of the initial consideration of the matter(s) listed above.

(e) Upon receipt of a petition to invoke super conciliation, a super conciliator shall be randomly selected from the Health Benefits Plan Design and Pension Committees Super Conciliation Panel.

(f) Super conciliators shall be considered officers of the Commission while assisting a committee to affect a voluntary settlement and while writing a final report.

(g) If a super conciliator is unable to serve, electronic or written notice shall be provided to the Director of Conciliation and Arbitration within three days of receipt of the notice of appointment.

(h) If an appointed super conciliator cannot carry out the assignment, another super conciliator shall be appointed by random selection. The committee's executive secretary will be advised of the withdrawal of the appointed super conciliator and will be notified when a replacement super conciliator has been appointed.

(i) The appointment of a super conciliator is not reviewable.

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