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-1.4 - Powers and duties of super conciliators

Universal Citation: NJ Admin Code 19:12A-1.4

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

(a) Super conciliators appointed from the Health Benefits Plan Design and Pension Committees Super Conciliation Panel shall have the authority to exercise the powers granted at N.J.S.A. 52:1417.27b, applicable to health benefits plan design committees, and N.J.S.A. 43:3C-17, applicable to pension committees, to institute non-binding procedures deemed appropriate to resolve committee disputes.

(b) The super conciliator shall contact the committee's executive secretary to arrange for a mutually satisfactory date, time, and place for an investigatory proceeding. In the absence of an agreement, the super conciliator shall have the authority to set the date, time, and place for the meeting. The super conciliator shall send a notice to the executive secretary containing arrangements for a proceeding within a reasonable time period before the meeting.

1. Investigate and acquire all relevant information regarding a committee's failure to render a decision;

2. Discuss with the members of the committee their differences, and utilize means and mechanisms, including, but not limited to, requiring 24-hour per day negotiations, until a voluntary settlement is reached, and provide recommendations to resolve the members' differences; and

3. Institute any other non-binding procedures deemed appropriate by the super conciliator.

(d) If the super conciliator is unable to resolve the dispute, the super conciliator shall issue a final report, which shall be promptly provided to the committee's executive secretary and the Director of Conciliation and Arbitration and made available by the committee's executive secretary to the public within 10 days after it is received by the executive secretary.

(e) For the purposes of such investigatory proceedings, the super conciliator shall have the authority and power to subpoena witnesses, compel their attendance, administer oaths, take the testimony or deposition of any person under oath, issue subpoenas duces tecum , and require the production and examination of any other books or documents, including records that are stored or exist in electronic form, relating to any matter under investigation by, or in issue before, the super conciliator.

(f) The super conciliator, while functioning in a mediatory capacity, shall not be required to disclose any files, records, reports, documents, or other papers classified as confidential which are received or prepared by the super conciliator or to testify with regard to mediation or other proceedings conducted pursuant to N.J.S.A. 52:14-17.27b, applicable to health benefits plan design committees, and N.J.S.A. 43:3C-17, applicable to pension committees. Nothing contained in this section shall exempt an individual from disclosing information relating to the commission of a crime.

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