N.J. Stat. § 34:13A-1 Short title
This act shall be known and may be cited as "New Jersey Employer-Employee Relations Act." L.1941, c. 100, p. 228, s. 1. Amended by L.1968, c. 303, s. 2, eff. July 1, 1968.
N.J. Stat. tit. 34, ch. 13A
N.J. Stat. tit. 34, ch. 13A
in effectN.J. Stat. § 34:13A-2 Declaration of policy
It is hereby declared as the public policy of this State that the best interests of the people of the State are served by the prevention or prompt settlement of labor disputes, both in the private and public sectors; that strikes, lockouts, work stoppages and other forms of employer and employee strife, regardless where the merits of the controversy lie, are forces productive ultimately of economic and public waste; that the interests and rights of the consumers and the people of the State, while not direct parties thereto, should always be considered, respected and protected; and that the voluntary mediation of such public and private employer-employee disputes under the guidance and supervision of a governmental agency will tend to promote permanent, public and private employer-employee peace and the health, welfare, comfort and safety of the people of the State. To carry out such policy, the necessity for the enactment of the provisions of this act is hereby declared as a matter of legislative determination. L.1941, c. 100, p. 228, s. 2. Amended by L.1968, c. 303, s. 3, eff. July 1, 1968.
N.J. Stat. § 34:13A-3 Definitions.
3. When used in this act: The term "board" shall mean New Jersey State Board of Mediation. The term "commission" shall mean New Jersey Public Employment Relations Commission. “Cannabis employee” means an employee who is an employee of a cannabis employer and who is not subject to the provisions of the National Labor Relations Act (29 U.S.C. s.151 et seq.). “Cannabis employer” means any private employer who is provided a permit, license, or other authorization to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, clinical registrant, cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service, and who employs workers not subject to the provisions of the National Labor Relations Act (29 U.S.C. s.151 et seq.). “Director” means the Director of the Division of Private Employment Dispute Settlement. “Division” means the Division of Private Employment Dispute Settlement. “Electronic voting system” means an internet voting system and a telephone voting system and does not mean machines used for casting votes at a polling site or an electronic tabulation system where votes are cast non-electronically but counted electronically, such as a punch card or optical scanning system. The term "employer" includes an employer and any person acting, directly or indirectly, on behalf of or in the interest of an employer with the employer's knowledge or ratification, but a labor organization, or any officer or agent thereof, shall be considered an employer only with respect to individuals employed by such organization. This term shall include "public employers" and shall mean the State of New Jersey, or the several counties and municipalities thereof, or any other political subdivision of the State, or a school district, or any special district, or any authority, commission, or board, or any branch or agency of the public service. The term shall also include the Delaware River Port Authority, established pursuant to R.S.32:3-1 et seq. The term "employee" shall include any employee, and shall not be limited to the employees of a particular employer unless this act explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of or in connection with any current labor dispute or because of any unfair labor practice and who has not obtained any other regular and substantially equivalent employment. This term, however, shall not include any individual taking the place of any employee whose work has ceased as aforesaid, nor shall it include any individual employed by his parent or spouse, or in the domestic service of any person in the home of the employer, or individuals employed by any company owning or operating a railroad or railway express subject to the provisions of the Railway Labor Act (45 U.S.C. s.151 et seq.). This term shall also not include any individual covered by the National Labor Relations Act (29 U.S.C. s. 151 et seq.). The term “employee” shall include any public employee, i.e., any person holding a position, by appointment or contract, or employment in the service of a public employer, including the Delaware River Port Authority, except elected officials, members of boards and commissions, managerial executives, and confidential employees. The exclusion of members of boards and commissions from the definition of "employee" contained within this subsection shall not apply to members of the Board of Review established pursuant to section 19 of P.L.1948, c.446 (C.34:1A-19) and subsection (d) of R.S. 43:21-10. “Internet voting system” means an internet-based voting system that allows a participant to cast a ballot remotely using a personal computer or other mobile electronic device that is connected to the internet. “Labor dispute” means and includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. “Labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate, and which exists, in whole or in part, for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work for employees. “Majority support petition” means the filing of a petition with the New Jersey State Board of Mediation or Division of Private Employment Dispute Settlement that provides proof of support from a majority of the cannabis employees sought to be represented through authorization cards or petition signatures. Over 50 percent of the proposed bargaining unit shall constitute a majority of the cannabis employees. If the cannabis employees or union demonstrates majority support in this way, the New Jersey State Board of Mediation shall certify the union as the exclusive bargaining representative for the workforce. “Person” means one or more individuals, corporations, partnerships, limited liability companies, associations, legal representatives, trustees in bankruptcy, receivers, or any other legal entity, employer, or labor organization having an interest in the outcome of a proceeding under P.L.1941, c.100 (C.34:13A-1 et seq.). The term "representative" is not limited to individuals but shall include labor organizations, and individual representatives need not themselves be employed by, and the labor organization serving as a representative need not be limited in membership to the employees of, the employer whose employees are represented. This term shall include any organization, agency or person authorized or designated by a public employer, public employee, group of public employees, or public employee association to act on its behalf and represent it or them. “Remotely” means, when used with respect to voting in a representation election, a vote cast at a site chosen by a participant voting in a representation election. “Telephone voting system” means a voting system in which participants may cast a vote remotely using a telephone. "Managerial executives" of a public employer, in the case of the State of New Jersey, means persons who formulate management policies and practices, but shall not mean persons who are charged with the responsibility of directing the effectuation of such management policies and practices, except that, in the case of the Executive Branch of the State of New Jersey, "managerial executive" shall include only personnel at or above the level of assistant commissioner. In the case of any public employer other than the State of New Jersey, "managerial executives" of a public employer means persons who formulate management policies and practices, and persons who are charged with the responsibility of directing the effectuation of such management policies and practices, except that in any school district this term shall include only the superintendent or other chief administrator, and the assistant superintendent of the district. "Confidential employees" of a public employer means employees whose functional responsibilities or knowledge in connection with the issues involved in the collective negotiations process would make their membership in any appropriate negotiating unit incompatible with their official duties. "Confidential employees" of the State of New Jersey means employees who have direct involvement in representing the State in the collective negotiations process making their membership in any appropriate negotiating unit incompatible with their official duties. L.1941, c.100, s.3; amended 1941, c.299; 1968, c.303, s.4; 1974, c.123, s.2; 2009, c.210, s.4; 2009, c.314, s.1; 2024, c.77, s.1; 2025, c.244, s.1.
N.J. Stat. § 34:13A-4 State Board of Mediation; establishment; membership
There is hereby established in the Department of Labor and Industry a board to be known as the New Jersey State Board of Mediation. The membership of such board shall consist of seven persons to be appointed by the Governor, by and with the advice and consent of the Senate. Of such members, two shall be representative of employees, two shall be representative of employers and three shall be representative of the public. Of the members first appointed, one shall be appointed for a term of 1 year; two for a term of 2 years and two for a term of 3 years. Of the two additional members provided for by this amendment, the original appointees shall hold office for 2 years. Their successors shall be appointed for terms of 3 years. The chairman of the board shall be a member who shall have been designated a representative of the public and who shall be named as chairman by the Governor: the chairman so named shall serve as chairman during his term as a member of the board. A vacancy occurring in the membership of the board for any cause, other than expiration of term, shall be filled by the Governor and the person so appointed shall hold office for the unexpired term of the member whose office has become vacant. Of the members whose terms have not expired, the Governor shall designate each as a representative of either employees or employers or the public, which designation shall be filed with the Secretary of State, and all appointments hereafter made shall include a designation indicating that such appointee is to be a representative of employees, employers or the public, as the case may be. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the New Jersey State Board of Mediation is hereby allocated within the Department of Labor and Industry and assigned for administrative purposes to the Assistant Commissioner of Labor for Labor Relations and Work Place Standards, but notwithstanding said allocation and assignment, the board shall be independent of any supervision or control by the department or by any board or officer thereof. L.1941, c. 100, p. 229, s. 4. Amended by L.1945, c. 32, p. 88, s. 1; L.1973, c. 326, s. 1, eff. Dec. 18, 1973.
N.J. Stat. § 34:13A-5 Objective
It shall be the objective of the board hereby established to take such steps as will most effectively and expeditiously carry out the policy declared in section two of this act and the powers and duties conferred and imposed upon the board by this act or by law shall at all times be performed and discharged with the accomplishment of such objective as the ultimate goal. L.1941, c. 100, p. 230, s. 5.
N.J. Stat. § 34:13A-5.1 Establishment of Division of Public Employment Relations and Division of Private Employment Dispute Settlement.
5. There is hereby established a Division of Public Employment Relations and a Division of Private Employment Dispute Settlement. (a) The Division of Public Employment Relations shall be concerned exclusively with matters of public employment related to determining negotiating units, elections, certifications and settlement of public employee representative and public employer disputes and grievance procedures. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Division of Public Employment Relations is hereby allocated within the Department of Labor and Workforce Development, and located in the city of Trenton, but notwithstanding said allocation, the office shall be independent of any supervision or control by the department or by any board or officer thereof. (b) The Division of Private Employment Dispute Settlement shall assist the New Jersey State Board of Mediation in the resolution of disputes in private employment. The New Jersey State Board of Mediation, its objectives, and the powers and duties granted by this act and the act of which this act is amendatory and supplementary shall be concerned exclusively with matters of private employment and shall have offices in the city of Newark and anywhere in the State as deemed appropriate and necessary to fulfill its duties under P.L.1941, c.100 (C.34:13A-1 et seq.). Additionally, the Division of Private Employment Dispute Settlement shall have offices throughout the State as deemed appropriate to fulfill its roles and responsibilities set forth under P.L.1941, c.100 (C.34:13A-1 et seq.). (c) In the case of a private employer not regulated by the National Labor Relations Board pursuant to the National Labor Relations Act (29 U.S.C. s.151 et seq.), the New Jersey State Board of Mediation or the Division of Private Employment Dispute Settlement pursuant to P.L.2025, c.244 (C.34:13A-5.1a et al.) shall designate a representative for a unit of employees of the private employer for the purposes of collective bargaining when: (1) In any case in which the board determines that only one employee organization is seeking to be the majority representative, that organization demonstrates that a majority of employees in the unit have shown their preference to have that organization be their representative by signing authorization cards indicating that preference; (2) The employees in the unit have selected a representative by an election that conforms with the procedures outlined in section 159 of the National Labor Relations Act (29 U.S.C. s.159); or (3) With respect to cannabis employees, as specified in P.L.2025, c.244 (C.34:13A-5.1a et al.). For the purposes of paragraph (1) of this subsection, an authorization card indicating preference shall not be valid unless it is printed in a language understood by the employee who signs it. Any employer who refuses to provide information requested by the New Jersey State Board of Mediation or the Division of Private Employment Dispute Settlement or otherwise acts to prevent the board or division from carrying out its responsibilities pursuant to this subsection (c) shall have violated this subsection and shall be liable to a fine of not more than $1,000, to be recovered under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) in the name of the board and to be used by the board for costs of implementing this subsection. In addition, an employee organization seeking to represent the employees of the employer may institute an action in a court of competent jurisdiction to obtain an injunction to restrain any continuation of the violation, to reimburse the employee organization or any affected employee for any damages caused by the violation plus reasonable costs and attorney's fees of the action. The provisions of this subsection (c) shall not apply to religious or parochial schools or their employees or to any private nonprofit organization exempt from federal taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. s. 501). (d) In the case of a private employer regulated by the National Labor Relations Board pursuant to the National Labor Relations Act (29 U.S.C. s. 151 et seq.), the New Jersey State Board of Mediation shall, based on the mutual agreement of the private employer and an organization seeking to represent employees of the employer, designate a representative for a unit of employees of the private employer for the purposes of collective bargaining when: (1) In any case in which the board determines that only one employee organization is seeking to be the majority representative, that organization demonstrates, in a manner mutually agreed upon by the representative and the employer, that a majority of employees in the unit have shown their preference to have that organization be their representative by signing authorization cards indicating that preference; or (2) the employees in the unit have selected the representative by an election that conforms with the procedures outlined in section 159 of the National Labor Relations Act (29 U.S.C. s.159). (e) For the purposes of subsections (c) and (d) of this section, "employee unit" means an appropriate group of employees for the purposes of collective bargaining as determined, if necessary, by the New Jersey State Board of Mediation. L.1968,c.303,s.5; amended 1973, c.326, s.2; 2005, c.161, s.1; 2025, c.244, s.2.
N.J. Stat. § 34:13A-5.1a Scope of responsibilities and authority.
3. Scope of responsibilities and authority, Division of Private Employment Dispute Settlement The Division of Private Employment Dispute Settlement, in addition to the powers and duties granted by P.L.2025, c.244 (C.34:13A-5.1a et al.), shall handle all matters with regard to cannabis employees’ right to organize, form unions, and bargain collectively in the State of New Jersey. The Division of Private Employment Dispute Settlement shall make policy and establish rules and regulations concerning employer-employee relations in private employment relating to dispute settlement, grievance procedures, and administration, including enforcement of statutory provisions concerning representative elections and related matters, and to implement fully all the provisions of P.L.2025, c.244 (C.34:13A-5.1a et al.) for the employees listed above. L.2025, c.244, s.3.
N.J. Stat. § 34:13A-5.1b Powers and duties.
4. Powers and duties, Division of Private Employment Dispute Settlement a. Upon its own motion, in an existing, imminent, or threatened labor dispute in cannabis employment, the Division of Private Employment Dispute Settlement may, or upon the request of either party to the dispute shall, take such steps as it may deem expedient to effect a voluntary, amicable, and expeditious adjustment and settlement of the differences and issues between employer and employees which have precipitated or culminated in, or threaten to precipitate or culminate in, the labor dispute. b. Whenever negotiations between an employer and an exclusive representative concerning the terms and conditions of employment reach an impasse, the division shall, upon the request of either party, take such steps as it may deem expedient to effect a voluntary resolution of the impasse. In the event of a failure to resolve the impasse by conciliation and mediation, the board and the division are empowered to recommend or invoke fact-finding with recommendation for settlement, the cost of which shall be borne by the New Jersey State Board of Mediation. c. In the employment of cannabis employees, the division shall take the following steps to avoid or terminate labor disputes: (1) to arrange for, hold, adjourn, or reconvene a conference or conferences between the disputants or one or more of their representatives or any of them; (2) to invite the disputants or their representatives or any of them to attend a conference and submit, either orally or in writing, the grievances of and differences between the disputants; (3) to discuss the grievances and differences with the disputants and their representatives; and (4) to assist in negotiating and drafting agreements for the adjustment in settlement of the grievances and differences and for the termination or avoidance, as the case may be, of the existing or threatened labor dispute. d. The Division of Private Employment Dispute Settlement is hereby empowered to resolve questions concerning representation of cannabis employees by conducting a secret ballot election or utilizing any other appropriate and suitable method designed to ascertain the free choice of the employees. The division shall decide in each instance which unit of employees is appropriate for collective negotiation. All of the powers and duties conferred or imposed upon the division that are necessary for the administration of this subsection, and not inconsistent with it, are to that extent hereby made applicable. Should formal hearings be required, in the opinion of the division, to determine the appropriate unit, it shall have the power to issue subpoenas as described below, and shall determine the rules and regulations for the conduct of a hearing or hearings. e. For the purposes of this section, the Division of Private Employment Dispute Settlement shall have the authority and power to hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony or deposition of any person under oath, and in connection therewith, to issue subpoenas duces tecum, and to require the production and examination of any books or papers relating to any matter described above. L.2025, c.244, s.4.
N.J. Stat. § 34:13A-5.1c Investigatory Powers.
5. Investigatory Powers, Division of Private Settlement Dispute a. The Director of the Division of Private Employment Dispute Settlement, or the director’s designee, shall at all reasonable times have access to, for the purpose of examination, and the right to copy, any evidence of any person being investigated or proceeded against that relates to any matter under investigation or in question. The director, or the director’s designee, shall have the right of free access to all places of labor. The director, or the director’s designee, shall upon application of any party to the proceedings, issue to the party subpoenas requiring the attendance and testimony of witnesses or the production of any evidence in the proceeding or investigation requested in the application. Within five days after the service of a subpoena on any person requiring the production of any evidence in that person’s possession or under that person’s control, the person may petition the New Jersey State Board of Mediation to revoke, and the division shall revoke, that subpoena if in the New Jersey State Board of Mediation’s opinion the evidence whose production is required does not relate to any matter under investigation, or any matter in question in the proceedings, or if in its opinion the subpoena does not describe with sufficient particularity the evidence whose production is required. The division may administer oaths and affirmations, examine witnesses, and receive evidence. The attendance of witnesses and the production of evidence may be required from any place in the State at any designated place of hearing. b. In case of refusal to obey a subpoena issued to any person, any superior court in any jurisdiction of which the inquiry is carried on, or within the jurisdiction of which the person allegedly guilty of refusal to obey is found or resides or transacts business, shall, upon application by the Division of Private Employment Dispute Settlement, have jurisdiction to issue to that person an order requiring the person to appear before the division, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question. Any failure to obey an order of the court may be punished by the court as constituting contempt. c. Any party shall have the right to appear at any hearing in person, by counsel, or by other representative. d. Any person who shall willfully resist, prevent, impede, or interfere with any member of the Division of Private Employment Dispute Settlement or any of its agents or agencies in the performance of duties pursuant to P.L.2025, c.244 (C.34:13A-5.1a et al.) shall be guilty of a misdemeanor, and shall be punished by a fine of not more than $5,000. L.2025, c.244, s.5.
N.J. Stat. § 34:13A-5.2 Public Employment Relations Commission
There is hereby established in the Division of Public Employment Relations a commission to be known as the New Jersey Public Employment Relations Commission. This commission, in addition to the powers and duties granted by this act, shall have in the public employment area the same powers and duties granted to the labor mediation board in sections 7 and 10 of P.L. 1941, c. 100, and in sections 2 and 3 of P.L. 1945, c. 32. This commission shall make policy and establish rules and regulations concerning employer-employee relations in public employment relating to dispute settlement, grievance procedures and administration including enforcement of statutory provisions concerning representative elections and related matters and to implement fully all the provisions of this act. The commission shall consist of seven members to be appointed by the Governor, by and with the advice and consent of the Senate. Of such members, two shall be representative of public employers, two shall be representative of public employee organizations and three shall be representative of the public including the appointee who is designated as chairman. Of the first appointees, two shall be appointed for two years, two for a term of three years and three, including the chairman, for a term of four years. Their successors shall be appointed for terms of three years each, and until their successors are appointed and qualified, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whose office has become vacant. The members of the commission, other than the chairman, shall be compensated at the rate of $250.00 for each six hour day spent in attendance at meetings and consultations and shall be reimbursed for necessary expenses in connection with the discharge of their duties except that no commission member who receives a salary or other form of compensation as a representative of any employer or employee group, organization or association, shall be compensated by the commission for any deliberations directly involving members of said employer or employee group, organization or association. Compensation for more, or less than, six hours per day, shall be prorated in proportion to the time involved. The chairman of the commission shall be its chief executive officer and administrator, shall devote his full time to the performance of his duties as chairman of the Public Employment Relations Commission and shall receive such compensation as shall be provided by law. L. 1968, c. 303, s. 6; amended 1974,c.123,s.3; 1987,c.456.
N.J. Stat. § 34:13A-5.3 Employee organizations; right to form or join; collective negotiations; grievance procedures.
7. Except as hereinafter provided, public employees shall have, and shall be protected in the exercise of, the right, freely and without fear of penalty or reprisal, to form, join and assist any employee organization or to refrain from any such activity; provided, however, that this right shall not extend to elected officials, members of boards and commissions, managerial executives, or confidential employees, except in a school district the term managerial executive shall mean the superintendent of schools or his equivalent, nor, except where established practice, prior agreement or special circumstances dictate the contrary, shall any supervisor having the power to hire, discharge, discipline, or to effectively recommend the same, have the right to be represented in collective negotiations by an employee organization that admits nonsupervisory personnel to membership, and the fact that any organization has such supervisory employees as members shall not deny the right of that organization to represent the appropriate unit in collective negotiations; and provided further, that, except where established practice, prior agreement, or special circumstances dictate the contrary, no policeman shall have the right to join an employee organization that admits employees other than policemen to membership. The negotiating unit shall be defined with due regard for the community of interest among the employees concerned, but the commission shall not intervene in matters of recognition and unit definition except in the event of a dispute. Representatives designated or selected by public employees for the purposes of collective negotiation by the majority of the employees in a unit appropriate for such purposes, by the majority of the employees voting in an election conducted by the commission as authorized by this act or, at the option of the representative in a case in which the commission finds that only one representative is seeking to be the majority representative, by a majority of the employees in the unit signing authorization cards indicating their preference for that representative, shall be the exclusive representatives for collective negotiation concerning the terms and conditions of employment of the employees in such unit. An authorization card indicating preference shall not be valid unless it is printed in a language understood by the employees who signs it. Nothing herein shall be construed to prevent any official from meeting with an employee organization for the purpose of hearing the views and requests of its members in such unit so long as (a) the majority representative is informed of the meeting; (b) any changes or modifications in terms and conditions of employment are made only through negotiation with the majority representative; and (c) a minority organization shall not present or process grievances. Nothing herein shall be construed to deny to any individual employee his rights under Civil Service laws or regulations. When no majority representative has been selected as the bargaining agent for the unit of which an individual employee is a part, he may present his own grievance either personally or through an appropriate representative or an organization of which he is a member and have such grievance adjusted. A majority representative of public employees in an appropriate unit shall be entitled to act for and to negotiate agreements covering all employees in the unit and shall be responsible for representing the interest of all such employees without discrimination and without regard to employee organization membership. Proposed new rules or modifications of existing rules governing working conditions shall be negotiated with the majority representative before they are established. In addition, the majority representative and designated representatives of the public employer shall meet at reasonable times and negotiate in good faith with respect to grievances, disciplinary disputes, and other terms and conditions of employment. Nothing herein shall be construed as permitting negotiation of the standards or criteria for employee performance. When an agreement is reached on the terms and conditions of employment, it shall be embodied in writing and signed by the authorized representatives of the public employer and the majority representative. Public employers shall negotiate written policies setting forth grievance and disciplinary review procedures by means of which their employees or representatives of employees may appeal the interpretation, application or violation of policies, agreements, and administrative decisions, including disciplinary determinations, affecting them, provided that such grievance and disciplinary review procedures shall be included in any agreement entered into between the public employer and the representative organization. Such grievance and disciplinary review procedures may provide for binding arbitration as a means for resolving disputes. Except as otherwise provided herein, the procedures agreed to by the parties may not replace or be inconsistent with any alternate statutory appeal procedure nor may they provide for binding arbitration of disputes involving the discipline of employees with statutory protection under tenure or civil service laws, except that such procedures may provide for binding arbitration of disputes involving the minor discipline of any public employees protected under the provisions of section 7 of P.L.1968, c.303 (C.34:13A-5.3), other than public employees subject to discipline pursuant to R.S.53:1-10. Grievance and disciplinary review procedures established by agreement between the public employer and the representative organization shall be utilized for any dispute covered by the terms of such agreement. For the purposes of this section, minor discipline shall mean a suspension or fine of less than five days unless the employee has been suspended or fined an aggregate of 15 or more days or received more than three suspensions or fines of five days or less in one calendar year. Where the State of New Jersey and the majority representative have agreed to a disciplinary review procedure that provides for binding arbitration of disputes involving the major discipline of any public employee protected under the provisions of this section, other than public employees subject to discipline pursuant to R.S.53:1-10, the grievance and disciplinary review procedures established by agreement between the State of New Jersey and the majority representative shall be utilized for any dispute covered by the terms of such agreement. For the purposes of this section, major discipline shall mean a removal, disciplinary demotion, suspension or fine of more than five days, or less where the aggregate number of days suspended or fined in any one calendar year is 15 or more days or unless the employee received more than three suspensions or fines of five days or less in one calendar year. In interpreting the meaning and extent of a provision of a collective negotiation agreement providing for grievance arbitration, a court or agency shall be bound by a presumption in favor of arbitration. Doubts as to the scope of an arbitration clause shall be resolved in favor of requiring arbitration. L.1968,c.303,s.7; amended 1974, c.123, s.4; 1982, c.103, s.1; 1996, c.115, s.4; 2003, c.119, s.2; 2005, c.161, s.2; 2005, c.380.
N.J. Stat. § 34:13A-5.4 Prohibitions relative to public employers, employee organizations, their representatives, agents.
1. a. Public employers, their representatives or agents are prohibited from: (1) Interfering with, restraining or coercing employees in the exercise of the rights guaranteed to them by this act. (2) Dominating or interfering with the formation, existence or administration of any employee organization. (3) Discriminating in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage employees in the exercise of the rights guaranteed to them by this act. (4) Discharging or otherwise discriminating against any employee because he has signed or filed an affidavit, petition or complaint or given any information or testimony under this act. (5) Refusing to negotiate in good faith with a majority representative of employees in an appropriate unit concerning terms and conditions of employment of employees in that unit, or refusing to process grievances presented by the majority representative. (6) Refusing to reduce a negotiated agreement to writing and to sign such agreement. (7) Violating any of the rules and regulations established by the commission. b. Employee organizations, their representatives or agents are prohibited from: (1) Interfering with, restraining or coercing employees in the exercise of the rights guaranteed to them by this act. (2) Interfering with, restraining or coercing a public employer in the selection of his representative for the purposes of negotiations or the adjustment of grievances. (3) Refusing to negotiate in good faith with a public employer, if they are the majority representative of employees in an appropriate unit concerning terms and conditions of employment of employees in that unit. (4) Refusing to reduce a negotiated agreement to writing and to sign such agreement. (5) Violating any of the rules and regulations established by the commission. c. The commission shall have exclusive power as hereinafter provided to prevent anyone from engaging in any unfair practice listed in subsections a. and b. above. Whenever it is charged that anyone has engaged or is engaging in any such unfair practice, the commission, or any designated agent thereof, shall have authority to issue and cause to be served upon such party a complaint stating the specific unfair practice charged and including a notice of hearing containing the date and place of hearing before the commission or any designated agent thereof; provided that no complaint shall issue based upon any unfair practice occurring more than six months prior to the filing of the charge unless the person aggrieved thereby was prevented from filing such charge in which event the six-month period shall be computed from the day he was no longer so prevented. In any such proceeding, the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) shall be applicable. Evidence shall be taken at the hearing and filed with the commission. If, upon all the evidence taken, the commission shall determine that any party charged has engaged or is engaging in any such unfair practice, the commission shall state its findings of fact and conclusions of law and issue and cause to be served on such party an order requiring such party to cease and desist from such unfair practice, and to take such reasonable affirmative action as will effectuate the policies of this act. All cases in which a complaint and notice of hearing on a charge is actually issued by the commission, shall be prosecuted before the commission or its agent, or both, by the representative of the employee organization or party filing the charge or his authorized representative. d. The commission shall at all times have the power and duty, upon the request of any public employer or majority representative, to make a determination as to whether a matter in dispute is within the scope of collective negotiations. The commission shall serve the parties with its findings of fact and conclusions of law. Any determination made by the commission pursuant to this subsection may be appealed to the Appellate Division of the Superior Court. e. The commission shall adopt such rules as may be required to regulate the conduct of representation elections, and to regulate the time of commencement of negotiations and of institution of impasse procedures so that there will be full opportunity for negotiations and the resolution of impasses prior to required budget submission dates. f. The commission or any interested party shall have the power to apply to the Superior Court, Law Division, for an appropriate order enforcing any order of the commission issued under subsection c. or d. hereof, and its findings of fact, if based upon substantial evidence on the record as a whole, shall not, in such action, be set aside or modified; any order for remedial or affirmative action, if reasonably designed to effectuate the purposes of this act, shall be affirmed and enforced in such proceeding. g. The Director of the Division of Local Government Services in the Department of Community Affairs may notify the commission that a municipality deemed a "municipality in need of stabilization and recovery" pursuant to section 4 of P.L.2016, c.4 (C.52:27BBBB-4) shall not be subject to the commission's authority to prevent an unfair practice pursuant to subsection a. of this section. Upon such notice, neither the commission, nor any designee, shall have the authority to issue or cause to be served upon such municipality in need of stabilization and recovery any complaint alleging an unfair practice under subsection a. of this section or to hold any hearings with respect thereto. Nothing in this subsection shall be construed to limit the scope of any general or specific powers of the Local Finance Board or the Director set forth in P.L.2016, c.4 (C.52:27BBBB-1 et al.). The provisions of this subsection shall no longer be applicable on and after the first day of the sixth year next following the determination by the Commissioner of Community Affairs that the municipality shall be deemed "a municipality in need of stabilization and recovery" pursuant to section 4 of P.L.2016, c.4 (C.52:27BBBB-4); however, actions taken pursuant to this subsection prior to the effective date of P.L.2021, c.124 (C.52:27BBBB-4 et al.) shall be final and shall not be subject to reconsideration. L.1974, c.123, s.1; amended 1979, c.477, s.1; 2016, c.4, s.7; 2021, c.124, s.4; 2021, c.411, s.10.
N.J. Stat. § 34:13A-5.5 Representation fee in lieu of dues
2. a. Notwithstanding any other provisions of law to the contrary, the majority representative and the public employer of public employees in an appropriate unit shall, where requested by the majority representative, negotiate concerning the subject of requiring the payment by all nonmember employees in the unit to the majority representative of a representation fee in lieu of dues for services rendered by the majority representative. Where agreement is reached it shall be embodied in writing and signed by the authorized representatives of the public employer and the majority representative. If no agreement is reached, the majority representative may petition the commission to conduct an investigation. If the commission determines during the investigation that a majority of the employees in the negotiations unit are voluntary dues paying members of the majority representative and that the majority representative maintains a demand and return system as required by subsection c. of this section and section 3 of P.L.1979, c.477 (C.34:13A-5.6), the commission shall order the public employer to institute a payroll deduction of the representation fee in lieu of dues from the wages or salaries of the employees in the negotiationsunit who are not members of the majority representative. b. The representation fee in lieu of dues shall be in an amount equivalent to the regular membership dues, initiation fees and assessments charged by the majority representative to its own members less the cost of benefits financed through the dues, fees and assessments and available to or benefitting only its members, but in no event shall such fee exceed 85% of the regular membership dues, fees and assessments. c. Any public employee who pays a representation fee in lieu of dues shall have the right to demand and receive from the majority representative, under proceedings established and maintained in accordance with section 3 of P.L.1979, c.477 (C.34:13A-5.6), a return of any part of that fee paid by him which represents the employee's additional pro rata share of expenditures by the majority representative that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the terms and conditions of employment or applied toward the cost of any other benefits available only to members of the majority representative. The pro rata share subject to refund shall not reflect, however, the costs of support of lobbying activities designed to foster policy goals in collective negotiations and contract administration or to secure for the employees represented advantages in wages, hours, and other conditions of employment in addition to those secured through collective negotiations with the public employer. L.1979,c.477,s.2; amended 2002, c.46, s.1.
N.J. Stat. § 34:13A-5.6 Representation fee in lieu of dues by payroll deduction
3. Where a negotiated agreement is reached, pursuant to section 2 of P.L.1979, c.477 (C.34:13A-5.5), or where the public employer has been ordered by the commission to institute a payroll deduction of the representation fee in lieu of dues, a majority representative of public employees in an appropriate unit shall be entitled to a representation fee in lieu of dues by payroll deduction from the wages or salaries of the employees in such unit who are not members of a majority representative; provided, however, that membership in the majority representative is available to all employees in the unit on an equal basis and that the representation fee in lieu of dues shall be available only to a majority representative that has established and maintained a demand and return system which provides pro rata returns as described in subsection c. of section 2 of P.L.1979, c.477 (C.34:13A-5.5). The demand and return system shall include a provision by which persons who pay a representation fee in lieu of dues may obtain review of the amount returned through full and fair proceedings placing the burden of proof on the majority representative. Such proceedings shall provide for an appeal to a board consisting of three members to be appointed by the Governor, by and with the advice and consent of the Senate, who shall serve without compensation but shall be reimbursed for actual expenses reasonably incurred in the performance of their official duties. Of such members, one shall be representative of public employers, one shall be representative of public employee organizations and one, as chairman, who shall represent the interest of the public as a strictly impartial member not having had more than a casual association or relationship with any public employers, public employer organizations or public employee organizations in the 10 years prior to appointment. Of the first appointees, one shall be appointed for one year, one for a term of two years and the chairman, for a term of three years. Their successors shall be appointed for terms of two years each and until their successors are appointed and qualified, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whose office has become vacant. Nothing herein shall be deemed to require any employee to become a member of the majority representative. L.1979,c.477,s.3; amended 2002, c.46, s.2.
N.J. Stat. § 34:13A-5.7 Discrimination between nonmembers and members on basis of payment of fee; unfair practice
Any action engaged in by a public employer, its representatives or agents, or by an employee organization, its representatives or agents, which discriminates between nonmembers who pay the said representation fee and members with regard to the payment of such fee other than as allowed under this act, shall be treated as an unfair practice within the meaning of subsection 1(a) or subsection 1(b) of this act. L.1979, c. 477, s. 4, eff. July 1, 1980.
N.J. Stat. § 34:13A-5.8 Payment to majority representative
Payment of the representation fee in lieu of dues shall be made to the majority representative during the term of the collective negotiation agreement affecting such nonmember employees and during the period, if any, between successive agreements so providing, on or after, but in no case sooner than the thirtieth day following the beginning of an employee's employment in a position included in the appropriate negotiations unit, and the tenth day following reentry into the appropriate unit for employees who previously served in a position included in the appropriate unit who continued in the employ of the public employer in an excluded position and individuals being reemployed in such unit from a reemployment list. For the purposes of this section, individuals employed on a 10-month basis or who are reappointed from year to year shall be considered to be in continuous employment. L.1979, c. 477, s. 5, eff. July 1, 1980.
N.J. Stat. § 34:13A-5.9 Rules and regulations
The commission may promulgate rules or regulations to effectuate the purposes of this act. L.1979, c. 477, s. 6, eff. July 1, 1980.
N.J. Stat. § 34:13A-5.10 Findings, declarations relative to collective negotiations units for Executive Branch employees.
1. a. The Legislature finds and declares that, for more than three decades, there have been broad-based collective negotiations units for the employees in the Executive Branch of State government. This existing unit structure has contributed to the stability of labor relations between the public employees and the Executive Branch and has served to avoid disruption of services to the public. To foster continued harmonious labor relations between State employees and the Executive Branch, the existing structure for collective negotiations units must be codified. In addition, the Legislature finds and declares that the structure should be expanded to permit collective negotiations for managers and deputy attorneys general who are not covered by the ten units for civilian employees of the Executive Branch. b. (1) There shall be only twelve collective negotiations units for civilian employees of the Executive Branch of State government. The units shall be as follows: administrative and clerical; professional; primary level supervisory; high level supervisory; operations, maintenance and services; crafts; inspection and security; health care and rehabilitation services; State colleges and universities; State colleges and universities adjuncts ;deputy attorneys general; and State government managers. (2) An existing or newly established title that is not assigned managerial, executive or confidential duties, as defined in subsections (f) and (g) of section 3 of P.L.1941, c.100 (C.34:13A-3), may be placed in one of the twelve collective negotiations units for civilian employees by the Governor's Office of Employee Relations. Such placements may be challenged through a unit clarification procedure pursuant to the rules of the New Jersey Public Employment Relations Commission. L.2005, c.142, s.1; amended 2009, c.314, s.2.
N.J. Stat. § 34:13A-5.11 Short title.
1. This act shall be known and may be cited as the "Workplace Democracy Enhancement Act." L.2018, c.15, s.1.
N.J. Stat. § 34:13A-5.12 Findings, declarations relative to public employment relations.
2. The Legislature finds and declares that collective negotiations promote labor stability in the public sector and enhance the delivery and avoid the disruption of public services. The Legislature further declares that it is in the public interest to ensure that any employee organization that has been designated as the exclusive representatives of employees in a collective negotiations unit is able to effectively carry out its statutory duties by having access to and being able to communicate with the employees it represents. L.2018, c.15, s.2.
N.J. Stat. § 34:13A-5.13 Access to members of negotiations units.
3. a. Public employers shall provide to exclusive representative employee organizations access to members of the negotiations units. b. Access includes, but is not limited to, the following: (1) the right to meet with individual employees on the premises of the public employer during the work day to investigate and discuss grievances, workplace-related complaints, and other workplace issues; (2) the right to conduct worksite meetings during lunch and other non-work breaks, and before and after the workday, on the employer's premises to discuss workplace issues, collective negotiations, the administration of collective negotiations agreements, other matters related to the duties of an exclusive representative employee organization, and internal union matters involving the governance or business of the exclusive representative employee organization; and (3) the right to meet with newly hired employees, without charge to the pay or leave time of the employees, for a minimum of 30 and a maximum of 120 minutes, within 30 calendar days from the date of hire, during new employee orientations, or if the employer does not conduct new employee orientations, at individual or group meetings. c. Within 10 calendar days from the date of hire of negotiations unit employees, public employers shall provide the following contact information to an exclusive representative employee organization in an Excel file format or other format agreed to by the exclusive representative employee organization: name, job title, worksite location, home address, work telephone numbers, and any home and personal cellular telephone numbers on file with the public employer, date of hire, and work email address and any personal email address on file with the public employer. Every 120 calendar days beginning on January 1 following the effective date of this act, public employers shall provide exclusive representative employee organizations, in an Excel file or similar format agreed to by the employee organization, the following information for all negotiations unit employees: name, job title, worksite location, home address, work, home and personal cellular telephone numbers, date of hire, and work email address and personal email address on file with the public employer. d. The home addresses, phone numbers, email addresses, dates of birth, and negotiation units and groupings of employees, and the emails or other communications between employee organizations and their members, prospective members, and non-members, are not government records and are exempt from any disclosure requirements of P.L.1963, c.73 (C.47:1A-1 et seq.). e. Exclusive representative employee organizations shall have the right to use the email systems of public employers to communicate with negotiations unit members regarding collective negotiations, the administration of collective negotiations agreements, the investigation of grievances, other workplace-related complaints and issues, and internal union matters involving the governance or business of the union. f. Exclusive representative employee organizations shall have the right to use government buildings and other facilities that are owned or leased by government entities to conduct meetings with their unit members regarding collective negotiations, the administration of collective negotiations agreements, the investigation of grievances, other workplace-related complaints and issues, and internal union matters involving the governance or business of the union, provided such use does not interfere with governmental operations. Meetings conducted in government buildings pursuant to this section shall not be for the purpose of supporting or opposing any candidate for partisan political office, or for the purpose of distributing literature or information regarding partisan elections. An exclusive representative employee organization conducting a meeting in a government building or other government facility pursuant to this section may be charged for maintenance, security and other costs related to the use of the government building or facility that would not otherwise be incurred by the government entity. g. Upon the request of an exclusive representative employee organization, a public employer shall negotiate in good faith over contractual provisions to memorialize the parties' agreement to implement the provisions of subsections a. through f. of this section. Negotiations shall commence within 10 calendar days from the date of a request by the employee organization, even if a collective negotiations agreement is in effect on the effective date of this act. Agreements between a public employer and an exclusive representative employee organization implementing subsections a. through f. of this section shall be incorporated into the parties' collective negotiations agreement and shall be enforceable through the parties' grievance procedure, which shall include binding arbitration. The requirements set forth in subsections a. through f. of this section establish the minimum requirements for access to and communication with negotiations unit employees by an exclusive representative employee organization. h. If the parties are unable to reach agreement within 30 calendar days from the commencement of negotiations regarding access to and communications with negotiations unit members, the exclusive employee organization or the public employer may file a petition with the Public Employment Relations Commission to resolve the negotiations dispute. Upon receipt of a petition, the commission shall appoint an arbitrator, who shall issue a binding award resolving the parties' negotiations disputes consistent with subsections a. through f. of this section. The commission shall establish a panel of arbitrators to resolve negotiations pursuant to this section and shall promulgate rules to implement this section. i. For the purposes of this section, "exclusive representative employee organization" means an employee organization which has been designated as the exclusive representatives of employees in a collective negotiations unit. L.2018, c.15, s.3.
N.J. Stat. § 34:13A-5.14 Certain actions of public employer relative to negotiations unit members prohibited.
4. a. A public employer shall not encourage negotiations unit members to resign or relinquish membership in an exclusive representative employee organization and shall not encourage negotiations unit members to revoke authorization of the deduction of fees to an exclusive representative employee organization. b. A public employer shall not encourage or discourage an employee from joining, forming or assisting an employee organization. c. A public employer that violates any provision of subsection a. or b. of this section shall be regarded as having engaged in an unfair practice in violation of subsection a. of section 1 of P.L.1974, c.123 (C.34:13A-5.4), and, upon a finding that the violation has occurred, the Public Employment Relations Commission, in addition to implementing any other remedies authorized by that section, shall order the public employer to make whole the exclusive representative employee organization for any losses suffered by the organization as a result of the public employer's unlawful conduct and any other remedial relief deemed appropriate. L.2018, c.15, s.4.
N.J. Stat. § 34:13A-5.15 Inclusion in negotiations unit.
5. a. All regular full-time and part-time employees of the public employer who perform negotiations unit work shall be included in the negotiations unit represented by the exclusive representative employee organization. b. Negotiations unit work means work that is performed by any employees who are included in a negotiations unit represented by an exclusive representative employee organization without regard to job title, job classification or number of hours worked, except that employees who are confidential employees or managerial executives, as those terms are defined by section 1 of P.L.1941, c.100 (C.34:13A-3), or elected officials, members of boards and commissions, or casual employees, may be excluded from the negotiations unit. Casual employees are employees who work an average of fewer than four hours per week over a period of 90 calendar days. c. Every 120 calendar days beginning on January 1 following the effective date of P.L.2021, c.411 (C.34:13A-56 et al.), public employers shall provide to an exclusive representative employee organization in an Excel file format or other format agreed to by the exclusive representative employee organization, the following information for all employees not represented by any exclusive representative employee organization: name, job title, worksite location, work email and work phone number. Within 30 days of a request by an exclusive representative employee organization, a public employer shall provide a job description for each non-represented employee, including the names and job titles of all employees supervised by the employer subject to the request. d. Employees who are performing negotiations unit work and who are not included in a negotiations unit because they did not meet the threshold of hours or percent of time worked as set forth in a certification of representative, recognition clause or other provision in a collective negotiations agreement, shall be included in the negotiations unit by operation of this act, within 90 calendar days from the effective date of this act. e. The Public Employment Relations Commission shall promulgate rules to implement this section, including rules to resolve disputes over the inclusion of employees performing negotiations unit work in the appropriate negotiations unit. The rules promulgated by the commission shall provide for the resolution of disputes that arise under this section, within 60 calendar days from the submission of the dispute to the commission by either the exclusive representative employee organization or the public employer. L.2018, c.15, s.5; amended 2021, c.411, s.11.
N.J. Stat. § 34:13A-6 Powers and duties
(a) Upon its own motion, in an existing, imminent or threatened labor dispute in private employment, the board, through the Division of Private Employment Dispute Settlement, may, and, upon the request of the parties or either party to the dispute, must take such steps as it may deem expedient to effect a voluntary, amicable and expeditious adjustment and settlement of the differences and issues between employer and employees which have precipitated or culminated in or threaten to precipitate or culminate in such labor dispute. (b) Whenever negotiations between a public employer and an exclusive representative concerning the terms and conditions of employment shall reach an impasse, the commission, through the Division of Public Employment Relations shall, upon the request of either party, take such steps as it may deem expedient to effect a voluntary resolution of the impasse. In the event of a failure to resolve the impasse by mediation the Division of Public Employment Relations is empowered to recommend or invoke factfinding with recommendation for settlement, the cost of which shall be borne by the commission. (c) The board in private employment, through the Division of Private Employment Dispute Settlement, and the commission in public employment, through the Division of Public Employment Relations, shall take the following steps to avoid or terminate labor disputes: (1) to arrange for, hold, adjourn or reconvene a conference or conferences between the disputants or one or more of their representatives or any of them; (2) to invite the disputants or their representatives or any of them to attend such conference and submit, either orally or in writing, the grievances of and differences between the disputants; (3) to discuss such grievances and differences with the disputants and their representatives; and (4) to assist in negotiating and drafting agreements for the adjustment in settlement of such grievances and differences and for the termination or avoidance, as the case may be, of the existing or threatened labor dispute. (d) The commission, through the Division of Public Employment Relations, is hereby empowered to resolve questions concerning representation of public employees by conducting a secret ballot election or utilizing any other appropriate and suitable method designed to ascertain the free choice of the employees. The division shall decide in each instance which unit of employees is appropriate for collective negotiation, provided that, except where dictated by established practice, prior agreement, or special circumstances, no unit shall be appropriate which includes (1) both supervisors and nonsupervisors, (2) both professional and nonprofessional employees unless a majority of such professional employees vote for inclusion in such unit or, (3) both craft and noncraft employees unless a majority of such craft employees vote for inclusion in such unit. All of the powers and duties conferred or imposed upon the division that are necessary for the administration of this subdivision, and not inconsistent with it, are to that extent hereby made applicable. Should formal hearings be required, in the opinion of said division to determine the appropriate unit, it shall have the power to issue subpenas as described below, and shall determine the rules and regulations for the conduct of such hearing or hearings. (e) For the purposes of this section the Division of Public Employment Relations shall have the authority and power to hold hearings, subpena witnesses, compel their attendance, administer oaths, take the testimony or deposition of any person under oath, and in connection therewith, to issue subpenas duces tecum, and to require the production and examination of any governmental or other books or papers relating to any matter described above. (f) In carrying out any of its work under this act, the board may designate one of its members, or an officer of the board to act in its behalf and may delegate to such designee one or more of its duties hereunder and, for such purpose, such designee shall have all the powers hereby conferred upon the board in connection with the discharge of the duty or duties so delegated. In carrying out any of its work under this act, the commission may designate one of its members or an officer of the commission to act on its behalf and may delegate to such designee one or more of its duties hereunder and, for such purpose, such designee shall have all of the powers hereby conferred upon the commission in connection with the discharge of the duty or duties so delegated. (g) The board and commission may also appoint and designate other persons or groups of persons to act for and on its behalf and may delegate to such persons or groups of persons any and all of the powers conferred upon it by this act so far as it is reasonably necessary to effectuate the purposes of this act. Such persons shall serve without compensation but shall be reimbursed for any necessary expenses. (h) The personnel of the Division of Public Employment Relations shall include only individuals familiar with the field of public employee-management relations. The commission's determination that a person is familiar in this field shall not be reviewable by any other body. L.1941, c. 100, p. 230, s. 6. Amended by L.1968, c. 303, s. 8, eff. July 1, 1968; L.1974, c. 123, s. 5.
N.J. Stat. § 34:13A-6.1 Priority of reorganization plan of department of labor and industry
To the extent that the reorganization plan of the Department of Labor and Industry which was submitted to the Legislature on May 11, 1972 (effective July 10, 1972) is inconsistent with, changes or alters the powers of either the New Jersey Public Employment Relations Commission in the Division of Public Employment Relations or the Board of Mediation in the Division of Private Employment Dispute Settlement as they existed prior to the effective date of said reorganization, such reorganization plan shall be to such extent superseded and inoperative. L.1973, c. 326, s. 3, eff. Dec. 18, 1973.
N.J. Stat. § 34:13A-7 Arbitration
Whenever a controversy shall arise between an employer and his employees which is not settled either in conference between representatives of the parties or through mediation in the manner provided by this act, such controversy may, by agreement of the parties, be submitted to arbitration, one person to be selected by the employer, one person to be selected by the employees, and a third selected by the representatives of the employer and employees, and in the event of any such appointment or selection not being made upon the request of the parties in the controversy, the department may select the third person to arbitrate the matter submitted; provided, however, that the failure or refusal of either party to submit a controversy to arbitration shall not be construed as a violation of the policy or purpose of this act, or of any provision thereof, nor shall failure or refusal to arbitrate constitute a basis for any action at law or suit in equity. L.1941, c. 100, p. 231, s. 7.
N.J. Stat. § 34:13A-8 Strikes
Nothing in this act shall be construed to interfere with, impede or diminish in any way the right of private employees to strike or engage in other lawful concerted activities. L.1941, c. 100, p. 231, s. 8. Amended by L.1968, c. 303, s. 9, eff. July 1, 1968.
N.J. Stat. § 34:13A-8.1 Effect of act upon prior agreements or upon pension statutes
Nothing in this act shall be construed to annul or modify, or to preclude the continuation of any agreement during its current term heretofore entered into between any public employer and any employee organization nor shall any provision hereof annul or modify any pension statute or statutes of this State. L.1968, c. 303, s. 10, eff. July 1, 1968. Amended by L.1974, c. 123, s. 6.
N.J. Stat. § 34:13A-8.2 Filed contracts in public employment
The commission shall collect and maintain a current file of filed contracts in public employment. Public employers shall file with the commission a copy of any contracts it has negotiated with public employee representatives following the consummation of negotiations. L.1968, c. 303, s. 11.
N.J. Stat. § 34:13A-8.3 Development and maintenance of programs
The commission in conjunction with the Institute of Management and Labor of Rutgers, The State University, shall develop and maintain a program for the guidance of public employees and public employers in employee-management relations, to provide technical advice to public employees and public employers on employee-management programs, to assist in the development of programs for training employee and management personnel in the principles and procedures of consultation, negotiation and the settlement of disputes in the public service, and for the training of employee and management officials in the discharge of their employee-management relations responsibilities in the public interest. L.1968, c. 303, s. 12, eff. July 1, 1968. Amended by L.1974, c. 123, s. 7.
N.J. Stat. § 34:13A-9 Personnel; compensation
(1) For the performance of its work, under this act, the board may request and shall avail itself of and utilize the service of any officer or employee of the Department of Labor and Industry who shall render such assistance as the board may require without additional compensation. The board may, within the amount available therefor by appropriation, appoint a secretary and such other assistants and employees as it may require for the consummation of its work, prescribe their duties and fix their compensation. (2) Each member of the board shall be entitled to be reimbursed for his traveling and other expenses actually and necessarily incurred by him in the performance of his duties, and, in addition, shall receive a per diem allowance of $50.00 for each day, or part thereof, spent in the rendition of service to or for the board under this act; provided, however, that no member shall in any case receive per diem compensation as such member in an amount in excess of $5,000.00 for any 1 fiscal year. L.1941, c. 100, p. 231, s. 9. Amended by L.1945, c. 32, p. 89, s. 2; L.1967, c. 110, s. 1, eff. June 15, 1967.
N.J. Stat. § 34:13A-10 Disqualifications
No member or officer of the board having any financial or other interest in a trade, business, industry or occupation in which a labor dispute exists or is threatened and of which the board has taken cognizance, shall be qualified to participate in any way in the acts or efforts of the board in connection with the settlement or avoidance thereof. L.1941, c. 100, p. 232, s. 10.
N.J. Stat. § 34:13A-10.1 Board members; participation; membership or employment in other agencies
No member of the board shall take any part, directly or indirectly, in any proceeding involving any relation between employees and employers before any board, bureau, commission, officer or court, unless such member in such proceeding takes the part of the same group whether employees, employers, or the public, as he represents on the Board of Mediation. No member of the board shall be a member or employee of any other public board, body, commission, bureau or agency which deals with employer and employee relations, whether Federal, State or local, except that he may be a member of any such board, body, commission, bureau or agency if his membership thereon is as a representative of the same group, whether employees, employers or the public, as it is on the Board of Mediation. L.1945, c. 32, p. 90, s. 3.
N.J. Stat. § 34:13A-11 Rules
The board shall have power to adopt, alter, amend or repeal such rules in connection with the voluntary mediation of labor disputes in private employment and the commission shall have the same powers in public employment, as may be necessary for the proper administration and enforcement of the provisions of this act. L.1941, c. 100, p. 232, s. 11. Amended by L.1968, c. 303, s. 13, eff. July 1, 1968.
N.J. Stat. § 34:13A-12 Construction
Nothing contained in this act shall be construed as interfering with, impeding or diminishing in any way any right guaranteed by law or by the Constitution of the State or of the United States. L.1941, c. 100, p. 232, s. 12.
N.J. Stat. § 34:13A-13 Separability of provisions
If any clause, sentence, paragraph or part of this act, or the application thereof to any person or circumstances, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this act, and the application of such provisions to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof, directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent that this act would have been adopted had such invalid provisions not been included herein. L.1941, c. 100, p. 232, s. 13.
N.J. Stat. § 34:13A-14 Findings, declarations relative to compulsory arbitration procedure
1. The Legislature finds and declares: a. Recognizing the unique and essential duties which law enforcement officers and firefighters perform for the benefit and protection of the people of this State, cognizant of the life threatening dangers these public servants regularly confront in the daily pursuit of their public mission, and fully conscious of the fact that these public employees, by legal and moral precept, do not enjoy the right to strike, it is the public policy of this State that it is requisite to the high morale of such employees, the efficient operation of such departments, and to the general well-being and benefit of the citizens of this State to afford an alternate, expeditious, effective and binding procedure for the resolution of disputes; and b. It also is the public policy of this State to ensure that the procedure so established fairly and adequately recognizes and gives all due consideration to the interests and welfare of the taxpaying public; and c. Further, it is the public policy of this State to prescribe the scope of the authority delegated for the purposes of this reform act; to provide that the authority so delegated be statutorily limited, reasonable, and infused with stringent safeguards, while at the same time affording arbitrators the decision making authority necessary to protect the public good; and to mandate that in exercising the authority delegated under this reform act, arbitrators fully recognize and consider the public interest and the impact that their decisions have on the public welfare, and fairly and reasonably perform their statutory responsibilities to the end that labor peace between the public employer and its employees will be stabilized and promoted, and that the general public interest and welfare shall be preserved; and, therefore, d. To that end the provisions of this reform act, providing for compulsory arbitration, shall be liberally construed. L.1977,c.85,s.1; amended 1995,c.425,s.2.
N.J. Stat. § 34:13A-14a Short title
1. This act shall be known and may be cited as the "Police and Fire Public Interest Arbitration Reform Act." L.1995,c.425,s.1.
N.J. Stat. § 34:13A-15 Definitions.
2. "Public fire department" means any department of a municipality, county, fire district, or the State or any agency thereof having employees engaged in firefighting provided that such firefighting employees are included in a negotiating unit exclusively comprised of firefighting employees. "Public police department" means any police department or organization of a municipality, county or park, or the State, or any agency thereof having employees engaged in performing police services including but not necessarily limited to units composed of State troopers, police officers, detectives and investigators of counties, county parks and park commissions, grades of sheriff's officers and investigators; State motor vehicle officers, inspectors and investigators of the Alcoholic Beverage Commission, conservation police officers in the Division of Fish and Wildlife in the Department of Environmental Protection, State park police officers, marine patrolmen; correction officers, keepers, cottage officers, interstate escort officers, juvenile officers in the Department of Corrections and patrolmen of the Human Services and Corrections Departments; patrolmen of Capitol police and patrolmen of the Palisades Interstate Park Commission. L.1977, c.85, s.2; amended 2019, c.407, s.16.
N.J. Stat. § 34:13A-16 Negotiations between public fire, police department and exclusive representative; unfair practice charge; negotiation; factfinding; arbitration.
3. a. (1) Negotiations between a public fire or police department and an exclusive representative concerning the terms and conditions of employment shall begin at least 120 days prior to the day on which their collective negotiation agreement is to expire. The parties shall meet at least three times during that 120-day period. The first of those three meetings shall take place no later than the 90th day prior to the day on which their collective negotiation agreement is to expire. By mutual consent, the parties may agree to extend the period during which the second and third meetings are required to take place beyond the day on which their collective negotiation agreement is to expire. A violation of this paragraph shall constitute an unfair practice and the violator shall be subject to the penalties prescribed by the commission pursuant to rule and regulation. Prior to the expiration of their collective negotiation agreement, either party may file an unfair practice charge with the commission alleging that the other party is refusing to negotiate in good faith. The charge shall be filed in the manner, form and time specified by the commission in rule and regulation. If the charge is sustained, the commission shall order that the respondent be assessed for all legal and administrative costs associated with the filing and resolution of the charge; if the charge is dismissed, the commission shall order that the charging party be assessed for all legal and administrative costs associated with the filing and resolution of the charge. The filing and resolution of the unfair practice charge shall not delay or impair the impasse resolution process. (2) Whenever those negotiations concerning the terms and conditions of employment shall reach an impasse, the commission, through the Division of Public Employment Relations shall, upon the request of either party, or upon its own motion take such steps, including the assignment of a mediator, as it may deem expedient to effect a voluntary resolution of the impasse. b. (1) In the event of a failure to resolve the impasse by mediation, the Division of Public Employment Relations, at the request of either party, shall invoke factfinding with recommendation for settlement of all issues in dispute unless the parties reach a voluntary settlement prior to the issuance of the factfinder's report and recommended terms of settlement. Factfinding shall be limited to those issues that are within the required scope of negotiations unless the parties to the factfinding agree to factfinding on permissive subjects of negotiation. (2) Notwithstanding the provisions of paragraph (2) of subsection a. of this section or paragraph (1) of this subsection, either party may petition the commission for arbitration on or after the date on which their collective negotiation agreement expires. The petition shall be filed in a manner and form prescribed by the commission. The party filing the petition shall notify the other party of its action. The notice shall be given in a manner and form prescribed by the commission. Any mediation or factfinding invoked pursuant to paragraph (2) of subsection a. of this section or paragraph (1) of subsection b. of this section shall terminate immediately upon the filing of a petition for arbitration. (3) Upon the filing of a petition for arbitration pursuant to paragraph (2) of this subsection, an arbitrator selected pursuant to paragraph (1) of subsection e. of this section shall conduct an initial meeting as a mediation session to effect a voluntary resolution of the impasse. c. (Deleted by amendment, P.L.2010, c.105) d. The resolution of issues in dispute shall be binding arbitration under which the award on the unsettled issues is determined by conventional arbitration. The arbitrator shall determine whether the total net annual economic changes for each year of the agreement are reasonable under the nine statutory criteria set forth in subsection g. of this section and shall adhere to the limitations set forth in section 2 of P.L.2010, c.105 (C.34:13A-16.7). The non-petitioning party, within five days of receipt of the petition, shall separately notify the commission in writing of all issues in dispute. The filing of the written response shall not delay, in any manner, the interest arbitration process. e. (1) The commission shall take measures to assure the impartial selection of an arbitrator or arbitrators from its special panel of arbitrators. On the first business day following receipt of an interest arbitration petition, the commission shall, independent of and without any participation by either of the parties, randomly select an arbitrator from its special panel of arbitrators. The selection by the commission shall be final and shall not be subject to review or appeal. (2) Applicants for initial appointment to the commission's special panel of arbitrators shall be chosen based on their professional qualifications, knowledge, and experience, in accordance with the criteria and rules adopted by the commission. Such rules shall include relevant knowledge of local government operations and budgeting. Appointment to the commission's special panel of arbitrators shall be for a three-year term, with reappointment contingent upon a screening process similar to that used for determining initial appointments. Arbitrators currently serving on the panel shall demonstrate to the commission their professional qualification, knowledge and experience, in accordance with the criteria and rules adopted by the commission, within one year of the effective date of this act. Any arbitrator who does not satisfactorily demonstrate such to the commission within the specified time shall be disqualified. (3) Arbitrators serving on the commission's special panel shall be guided by and subject to the objectives and principles set forth in the "Code of Professional Responsibility for Arbitrators of Labor-Management Disputes" of the National Academy of Arbitrators, the American Arbitration Association, and the Federal Mediation and Conciliation Service. (4) Arbitrators shall be required to complete annual training offered by the State Ethics Commission. Any arbitrator failing to satisfactorily complete the annual training shall be immediately removed from the special panel. The commission may suspend, remove, or otherwise discipline an arbitrator for a violation of P.L.1977, c.85 (C.34:13A-14 et seq.), section 4 of P.L.1995, c.425 (C.34:13A-16.1) or for good cause. An arbitrator who fails to render an award within the time requirements set forth in this section shall be fined $ 1,000 for each day that the award is late. f. (1) At a time prescribed by the commission, the parties shall submit to the arbitrator their final offers on each economic and non-economic issue in dispute. The offers submitted pursuant to this section shall be used by the arbitrator for the purposes of determining an award pursuant to subsection d. of this section. (2) In the event of a dispute, the commission shall have the power to decide which issues are economic issues. Economic issues include those items which have a direct relation to employee income including wages, salaries, hours in relation to earnings, and other forms of compensation such as paid vacation, paid holidays, health and medical insurance, and other economic benefits to employees. (3) Throughout formal arbitration proceedings the chosen arbitrator may mediate or assist the parties in reaching a mutually agreeable settlement. All parties to arbitration shall present, at the formal hearing before the issuance of the award, written estimates of the financial impact of their last offer on the taxpayers of the local unit to the arbitrator with the submission of their last offer. (4) Arbitration shall be limited to those subjects that are within the required scope of collective negotiations, except that the parties may agree to submit to arbitration one or more permissive subjects of negotiation. (5) The decision of an arbitrator or panel of arbitrators shall include an opinion and an award, and shall be rendered within 90 calendar days of the commission's assignment of that arbitrator. Each arbitrator's decision shall be accompanied by a written report explaining how each of the statutory criteria played into the arbitrator's determination of the final award. The report shall certify that the arbitrator took the statutory limitations imposed on the local levy cap into account in making the award. Any arbitrator violating the provisions of this paragraph may be subject to the commission's powers under paragraph (3) of subsection e. of this section. The decision shall be final and binding upon the parties and shall be irreversible, except: (a) Within 14 calendar days of receiving an award, an aggrieved party may file notice of an appeal of an award to the commission on the grounds that the arbitrator failed to apply the criteria specified in subsection g. of this section or violated the standards set forth in N.J.S.2A:24-8 or N.J.S.2A:24-9. The appeal shall be filed in a form and manner prescribed by the commission. In deciding an appeal, the commission, pursuant to rule and regulation and upon petition, may afford the parties the opportunity to present oral arguments. The commission may affirm, modify, correct or vacate the award or may, at its discretion, remand the award to the same arbitrator or to another arbitrator, selected by lot, for reconsideration. The commission's decision shall be rendered no later than 60 calendar days after the filing of the appeal with the commission. Arbitration appeal decisions shall be accompanied by a written report explaining how each of the statutory criteria played into their determination of the final award. The report shall certify that in deciding the appeal, the commission took the local levy cap into account in making the award. An aggrieved party may appeal a decision of the commission to the Appellate Division of the Superior Court. (b) An arbitrator's award shall be implemented immediately. (6) The parties shall share equally the costs of arbitration subject to a fee schedule approved by the commission. The fee schedule shall provide that the cost of services provided by the arbitrator shall not exceed $ 1,000 per day. The total cost of services of an arbitrator shall not exceed $ 10,000. If the parties cancel an arbitration proceeding without good cause, the arbitrator may impose a fee of not more than $ 500. The parties shall share equally in paying that fee if the request to cancel or adjourn is a joint request. Otherwise, the party causing such cancellation shall be responsible for payment of the entire fee. g. The arbitrator shall decide the dispute based on a reasonable determination of the issues, giving due weight to those factors listed below that are judged relevant for the resolution of the specific dispute. In the award, the arbitrator or panel of arbitrators shall indicate which of the factors are deemed relevant, satisfactorily explain why the others are not relevant, and provide an analysis of the evidence on each relevant factor; provided, however, that in every interest arbitration proceeding, the parties shall introduce evidence regarding the factor set forth in paragraph (6) of this subsection and the arbitrator shall analyze and consider the factor set forth in paragraph (6) of this subsection in any award: (1) The interests and welfare of the public. Among the items the arbitrator or panel of arbitrators shall assess when considering this factor are the limitations imposed upon the employer by P.L.1976, c.68 (C.40A:4-45.1 et seq.). (2) Comparison of the wages, salaries, hours, and conditions of employment of the employees involved in the arbitration proceedings with the wages, hours, and conditions of employment of other employees performing the same or similar services and with other employees generally: (a) In private employment in general; provided, however, each party shall have the right to submit additional evidence for the arbitrator's consideration. (b) In public employment in general; provided, however, each party shall have the right to submit additional evidence for the arbitrator's consideration. (c) In public employment in the same or similar comparable jurisdictions, as determined in accordance with section 5 of P.L.1995, c.425 (C.34:13A-16.2); provided, however, that each party shall have the right to submit additional evidence concerning the comparability of jurisdictions for the arbitrator's consideration. (3) The overall compensation presently received by the employees, inclusive of direct wages, salary, vacations, holidays, excused leaves, insurance and pensions, medical and hospitalization benefits, and all other economic benefits received. (4) Stipulations of the parties. (5) The lawful authority of the employer. Among the items the arbitrator or panel of arbitrators shall assess when considering this factor are the limitations imposed upon the employer by P.L.1976, c.68 (C.40A:4-45.1 et seq.). (6) The financial impact on the governing unit, its residents, the limitations imposed upon the local unit's property tax levy pursuant to section 10 of P.L.2007, c.62 (C.40A:4-45.45), and taxpayers. When considering this factor in a dispute in which the public employer is a county or a municipality, the arbitrator or panel of arbitrators shall take into account, to the extent that evidence is introduced, how the award will affect the municipal or county purposes element, as the case may be, of the local property tax; a comparison of the percentage of the municipal purposes element or, in the case of a county, the county purposes element, required to fund the employees' contract in the preceding local budget year with that required under the award for the current local budget year; the impact of the award for each income sector of the property taxpayers of the local unit; the impact of the award on the ability of the governing body to (a) maintain existing local programs and services, (b) expand existing local programs and services for which public moneys have been designated by the governing body in a proposed local budget, or (c) initiate any new programs and services for which public moneys have been designated by the governing body in a proposed local budget. (7) The cost of living. (8) The continuity and stability of employment including seniority rights and such other factors not confined to the foregoing which are ordinarily or traditionally considered in the determination of wages, hours, and conditions of employment through collective negotiations and collective bargaining between the parties in the public service and in private employment. (9) Statutory restrictions imposed on the employer. Among the items the arbitrator or panel of arbitrators shall assess when considering this factor are the limitations imposed upon the employer by section 10 of P.L.2007, c.62 (C.40A:4-45.45). h. A mediator, factfinder, or arbitrator while functioning in a mediatory capacity shall not be required to disclose any files, records, reports, documents, or other papers classified as confidential received or prepared by him or to testify with regard to mediation, conducted by him under this act on behalf of any party to any cause pending in any type of proceeding under this act. Nothing contained herein shall exempt such an individual from disclosing information relating to the commission of a crime. i. The Director of the Division of Local Government Services in the Department of Community Affairs may notify the commission, through the Division of Public Employment Relations, that a municipality deemed a "municipality in need of stabilization and recovery" pursuant to section 4 of P.L.2016, c.4 (C.52:27BBBB-4) will not participate in any impasse procedures authorized by this section. Upon such notice, any pending impasse procedures authorized by this section shall immediately cease, and any pending petition for arbitration shall be vacated. Nothing in this subsection shall be construed to limit the scope of any general or specific powers of the Local Finance Board or the director set forth in P.L.2016, c.4 (C.52:27BBBB-1 et al.). The provisions of this subsection shall no longer be applicable on and after the first day of the sixth year next following the determination by the Commissioner of Community Affairs that the municipality shall be deemed "a municipality in need of stabilization and recovery" pursuant to section 4 of P.L.2016, c.4 (C.52:27BBBB-4); however, actions taken pursuant to this subsection prior to the effective date of P.L.2021, c.124 (C.52:27BBBB-4 et al.) shall be final and shall not be subject to reconsideration. j. The Local Finance Board may provide that any arbitration award, including but not limited to an interest arbitration award, involving a municipality deemed a "municipality in need of stabilization and recovery" pursuant to section 4 of P.L.2016, c.4 (C.52:27BBBB-4) shall be subject to the review and approval of the Director of the Division of Local Government Services in the Department of Community Affairs, including those on a collective negotiations agreement where the matter has been submitted to an arbitrator pursuant to law, and no such award shall be binding without the approval of the director. Nothing in this subsection shall be construed to limit the scope of any general or specific powers of the Local Finance Board or the director set forth in P.L.2016, c.4 (C.52:27BBBB-4). The provisions of this subsection shall no longer be applicable on and after the first day of the sixth year next following the determination by the Commissioner of Community Affairs that the municipality shall be deemed "a municipality in need of stabilization and recovery" pursuant to section 4 of P.L.2016, c.4 (C.52:27BBBB-4); however, actions taken pursuant to this subsection prior to the effective date of P.L.2021, c.124 (C.52:27BBBB-4 et al.) shall be final and shall not be subject to reconsideration. L.1977, c.85, s.3; amended 1995, c.425, s.3; 1997, c.183; 2007, c.62, s.14; 2010, c.105, s.1; 2014, c.11, s.1; 2016, c.4, s.6; 2021, c.124, s.5.
N.J. Stat. § 34:13A-16.1 Annual continuing education program for arbitrators
4. The commission shall establish an annual continuing education program for the arbitrators appointed to its special panel of arbitrators. The program shall include sessions or seminars on topics and issues of relevance and importance to arbitrators serving on the commission's special panel of arbitrators, such as public employer budgeting and finance, public management and administration, employment trends and labor costs in the public sector, pertinent court decisions, employment issues relating to law enforcement officers and firefighters, and such other topics as the commission shall deem appropriate and necessary. In preparing the curriculum for the annual education program required under this section, the commission shall solicit suggestions from employees' representatives and public employers concerning the topics and issues each of those parties deem relevant and important. Every arbitrator shall be required to participate in the commission's continuing education program. If a mediator or an arbitrator in any year fails to participate, the commission may remove that person from its special panel of arbitrators. If an arbitrator fails to participate in the continuing education program for two consecutive years, the commission shall immediately remove that individual from the special panel. L.1995,c.425,s.4.
N.J. Stat. § 34:13A-16.2 Guidelines for determining comparability of jurisdictions
5. a. The commission shall promulgate guidelines for determining the comparability of jurisdictions for the purposes of paragraph (2) of subsection g. of section 3 of P.L.1977, c.85 (C.34:13A-16). b. The commission shall review the guidelines promulgated under this section at least once every four years and may modify or amend them as is deemed necessary; provided, however, that the commission shall review and modify those guidelines in each year in which a federal decennial census is received by the Governor. L.1995,c.425,s.5; amended 2021, c.369, s.2.
N.J. Stat. § 34:13A-16.3 Fee schedule; commission's costs
6. The commission may establish a fee schedule to cover the costs of effectuating the provisions of P.L.1977, c.85 (C.34:13A-14 et seq.), as amended and supplemented; provided, however, that the fees so assessed shall not exceed the commission's actual cost of effectuating those provisions. L.1995,c.425,s.6.
N.J. Stat. § 34:13A-16.4 Biennial reports
7. The commission shall submit biennial reports to the Governor and the Legislature on the effects of this amendatory and supplementary act on the negotiations and settlements between local governmental units and their public police departments and public fire departments and to include with that report any recommendations it may have for changes in the law. The reports required under this section shall be submitted in January of even numbered years. L.1995,c.425,s.7.
N.J. Stat. § 34:13A-16.5 Rules, regulations
8. The commission, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act. L.1995,c.425,s.8.
N.J. Stat. § 34:13A-16.6 Survey of private sector wage increases
9. Beginning on the July 1 next following the enactment of P.L.1995, c.425 (C.34:13A-14a et al.) and each July 1 thereafter, the New Jersey Public Employment Relations Commission shall perform, or cause to be performed, a survey of private sector wage increases for use by all interested parties in public sector wage negotiations. The survey shall include information on a Statewide and countywide basis. The survey shall be completed by September 1 next following enactment and by September 1 of each year thereafter. The survey shall be a public document and the commission shall make it available to all interested parties at a cost not exceeding the actual cost of producing the survey. L.1995,c.425,s.9.
N.J. Stat. § 34:13A-16.7 Definitions relative to police and fire arbitration; limitation on awards.
2. a. As used in this section: "Base salary" means the salary provided pursuant to a salary guide or table and any amount provided pursuant to a salary increment, including any amount provided for longevity or length of service. It also shall include any other item agreed to by the parties, or any other item that was included in the base salary as understood by the parties in the prior contract. Base salary shall not include non-salary economic issues, pension and health and medical insurance costs. "Non-salary economic issues" means any economic issue that is not included in the definition of base salary. b. An arbitrator shall not render any award pursuant to section 3 of P.L.1977, c.85 (C.34:13A-16) which, in the first year of the collective negotiation agreement awarded by the arbitrator, increases base salary items by more than 2.0 percent of the aggregate amount expended by the public employer on base salary items for the members of the affected employee organization in the twelve months immediately preceding the expiration of the collective negotiation agreement subject to arbitration. In each subsequent year of the agreement awarded by the arbitrator, base salary items shall not be increased by more than 2.0 percent of the aggregate amount expended by the public employer on base salary items for the members of the affected employee organization in the immediately preceding year of the agreement awarded by the arbitrator. The parties may agree, or the arbitrator may decide, to distribute the aggregate monetary value of the award over the term of the collective negotiation agreement in unequal annual percentage increases, which shall not be greater than the compounded value of a 2.0 percent increase per year over the corresponding length of the collective negotiation agreement. An award of an arbitrator shall not include base salary items and non-salary economic issues which were not included in the prior collective negotiations agreement. L.2010, c.105, s.2; amended 2014, c.11, s.2.
N.J. Stat. § 34:13A-16.8 Police and Fire Public Interest Arbitration Impact Task Force.
3. a. There is established a task force, to be known as the Police and Fire Public Interest Arbitration Impact Task Force. b. The task force shall be comprised of eight members as follows: (1) four to be appointed by the Governor; (2) two to be appointed by the Senate President; and (3) two to be appointed by the Speaker of the General Assembly. c. All appointments shall be made within 30 days of the effective date of P.L.2010, c.105 (C.34:13A-16.7 et al.). Vacancies in the membership shall be filled in the same manner as the original appointments. The members of the task force shall serve without compensation but may be reimbursed, within the limits of funds made available to the task force, for necessary travel expenses incurred in the performance of their duties. d. (1) The task force shall organize as soon as is practicable upon the appointment of a majority of its members and shall select a chairperson from among the appointees of the Governor and a vice chairperson from among the appointees of the Legislature. The Chair of the Public Employment Relations Commission shall serve as non-voting executive director of the task force. (2) The task force shall meet within 60 days of the effective date of P.L.2010, c.105 (C.34:13A-16.7 et al.) and shall meet thereafter at the call of its chair. In furtherance of its evaluation, the task force may hold public meetings or hearings within the State on any matter or matters related to the provisions of this act, and call to its assistance and avail itself of the services of the Public Employment Relations Commission and the employees of any State department, board, task force or agency which the task force determines possesses relevant data, analytical and professional expertise or other resources which may assist the task force in discharging its duties under this act. Each department, board, commission or agency of this State is hereby directed, to the extent not inconsistent with law, to cooperate fully with the task force and to furnish such information and assistance as is necessary to accomplish the purposes of this act. In addition, in order to facilitate the work of the task force, the Public Employment Relations Commission shall post on its website all collective negotiations agreements and interest arbitration awards entered or awarded after the date of enactment, including a summary of contract or arbitration award terms in a standard format developed by the Public Employment Relations Commission to facilitate comparisons. All collective negotiations agreements shall be submitted to the Public Employment Relations Commission within 15 days of contract execution. e. (1) It shall be the duty of the task force to study the effect and impact of the arbitration award cap upon local property taxes; collective bargaining agreements; arbitration awards; municipal services; municipal expenditures; municipal public safety services, particularly changes in crime rates and response times to emergency situations; police and fire recruitment, hiring and retention; the professional profile of police and fire departments, particularly with regard to age, experience, and staffing levels; and such other matters as the members deem appropriate and necessary to evaluate the effects and impact of the arbitration award cap. (2) Specifically, the task force shall study total compensation rates, including factors subject to the arbitration award cap and factors exempt from the arbitration award cap, of police and fire personnel throughout the State and make recommendations thereon. The task force also shall study the interest arbitration process and make recommendations concerning its continued use in connection with police and fire labor contracts disputes. The task force shall make findings as to the relative growth in total compensation cost attributable to factors subject to the arbitration award cap and to factors exempt from the arbitration award cap, for both collective bargaining agreements and arbitration awards. f. The task force shall annually report its findings, along with any recommendations it may have, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. The task force's final report due on or before December 31, 2017 shall include, in addition to any other findings and recommendations, a specific recommendation for any amendments to the arbitration award cap. Upon the filing of its final report on or before December 31, 2017, the task force shall expire. L.2010, c.105, s.3; amended 2014, c.11, s.3.
N.J. Stat. § 34:13A-16.9 Effective date.
4. This act shall take effect January 1, 2011; provided however, section 2 of P.L.2010, c.105 (C.34:13A-16.7) shall apply only to collective negotiations between a public employer and the exclusive representative of a public police department or public fire department that relate to negotiated agreements expiring on that effective date or any date thereafter until or on December 31, 2017, whereupon, after December 31, 2017, the provisions of section 2 of P.L.2010, c.105 (C.34:13A-16.7) shall become inoperative for all parties except those whose collective negotiations agreements expired prior to or on December 31, 2017 but for whom a final settlement has not been reached. L.2010, c.105, s.4; amended 2014, c.11, s.4.
N.J. Stat. § 34:13A-17 Powers of arbitrator
The arbitrator may administer oaths, require the attendance of witnesses, and the production of such books, papers, contracts, agreements and documents as he may deem material to a just determination of the issues in dispute, and for such purpose may issue subpenas. If any person refuses to obey a subpena, or refuses to be sworn or to testify, or if any witness, party or attorney is guilty of any contempt while in attendance at any hearing, the arbitrator may, or the Attorney General if requested shall, invoke the aid of the Superior Court within the county in which the hearing is being held, which court shall issue an appropriate order. Any failure to obey the order may be punished by the court as contempt. L.1977, c. 85, s. 4, eff. May 10, 1977.
N.J. Stat. § 34:13A-18 Limitations on finding, opinion, order of arbitrator
5. The arbitrator shall not issue any finding, opinion or order regarding the issue of whether or not a public employer shall remain as a participant in the New Jersey State Health Benefits Program or any governmental retirement system or pension fund, or statutory retirement or pension plan; nor, in the case of a participating public employer, shall the arbitrator issue any finding, opinion or order regarding any aspect of the rights, duties, obligations in or associated with the New Jersey State Health Benefits Program or any governmental retirement system or pension fund, or statutory retirement or pension plan; nor shall the arbitrator issue any finding, opinion or order reducing, eliminating or otherwise modifying retiree benefits which exist as a result of a negotiated agreement, ordinance or resolution because of the enactment of legislation providing such benefits for those who do not already receive them. L.1977,c.85,s.5; amended 1997, c.330, s.4.
N.J. Stat. § 34:13A-19 Decision; enforcement; venue; effective date of award; amendment or modification
The decision of the arbitrator may be enforced at the instance of either party in the Superior Court with venue laid in the county in which the dispute arose. The commencement of a new public employer fiscal year after the initiation of arbitration procedures under this act, but before the arbitration decision, or its enforcement, shall not be deemed to render a dispute moot, or to otherwise impair the jurisdiction or authority of the arbitrator or his decision. Increases in rates of compensation awarded by the arbitrator shall take effect on the date of implementation prescribed in the award. The parties, by stipulation, may at any time amend or modify an award of arbitration. L.1977, c. 85, s. 6, eff. May 10, 1977.
N.J. Stat. § 34:13A-21 Change in conditions during pendency of proceedings; prohibition without consent
During the pendency of proceedings before the arbitrator, existing wages, hours and other conditions of employment shall not be changed by action of either party without the consent of the other, any change in or of the public employer or employee representative notwithstanding; but a party may so consent without prejudice to his rights or position under this supplementary act. L.1977, c. 85, s. 8, eff. May 10, 1977.
N.J. Stat. § 34:13A-22 Definitions.
1. As used in this act: "Commission" means the New Jersey Public Employment Relations Commission. "Commissioner" means the Commissioner of Education. "Discipline" includes all forms of discipline, except tenure charges filed pursuant to the provisions of subsubarticle 2 of subarticle B of Article 2 of chapter 6 of Subtitle 3 of Title 18A of the New Jersey Statutes, N.J.S.18A:6-10 et seq., or the withholding of increments pursuant to N.J.S.18A:29-14. "Employees" means employees of an employer as defined by this act. "Employer" means any local or regional school district, educational services commission, jointure commission, county special services school district, or board or commission under the authority of the commissioner or the State Board of Education, and with respect to section 8 of P.L.1989, c.269 (C.34:13A-29), any county college under the authority of the Secretary of Higher Education. "Extracurricular activities" include those activities or assignments not specified as part of the teaching and duty assignments scheduled in the regular work day, work week, or work year. "Minor discipline" includes, but is not limited to, various forms of fines and suspensions, but does not include tenure charges filed pursuant to the provisions of subsubarticle 2 of subarticle B of Article 2 of chapter 6 of Subtitle 3 of Title 18A of the New Jersey Statutes, N.J.S.18A:6-10 et seq., or the withholding of increments pursuant to N.J.S.18A:29-14, letters of reprimand, or suspensions with pay pursuant to section 1 of P.L.1971, c.435 (C.18A:6-8.3) and N.J.S.18A:25-6. "Regular work day, work week, or work year" means that period of time that all members of the bargaining unit are required to be present and at work. "Teaching staff member" means a member of the professional staff of any employer holding office, position or employment of such character that the qualifications, for the office, position or employment, require him to hold a valid and effective standard, provisional or emergency certificate, appropriate to that office, position or employment, issued by the State Board of Examiners. "Teaching staff member" includes a school nurse. L.1989, c.269, s.1; amended 2020, c.66, s.2.
N.J. Stat. § 34:13A-23 Assignment to extracurricular activities; subject to collective negotiations
All aspects of assignment to, retention in, dismissal from, and any terms and conditions of employment concerning extracurricular activities shall be deemed mandatory subjects for collective negotiations between an employer and the majority representative of the employees in a collective bargaining unit, except that the establishment of qualifications for such positions shall not constitute a mandatory subject for negotiations. If the negotiated selection procedures fail to produce a qualified candidate from within the district the employer may employ from outside the district any qualified person who holds an appropriate New Jersey teaching certificate. If the employer is unable to employ a qualified person from outside of the district, the employer may assign a qualified teaching staff member from within the district. L.1989, c.269, s.2.
N.J. Stat. § 34:13A-24 Imposition of minor discipline
a. Notwithstanding any other law to the contrary, and if negotiated with the majority representative of the employees in the appropriate collective bargaining unit, an employer shall have the authority to impose minor discipline on employees. Nothing contained herein shall limit the authority of the employer to impose, in the absence of a negotiated agreement regarding minor discipline, any disciplinary sanction which is authorized and not prohibited by law. b. The scope of such negotiations shall include a schedule setting forth the acts and omissions for which minor discipline may be imposed, and also the penalty to be imposed for any act or omission warranting imposition of minor discipline. c. Fines and suspensions for minor discipline shall not constitute a reduction in compensation pursuant to the provisions of N.J.S.18A:6-10. L.1989, c.269, s.3.
N.J. Stat. § 34:13A-25 Transfer of employees
Transfers of employees by employers between work sites shall not be mandatorily negotiable except that no employer shall transfer an employee for disciplinary reasons. L.1989, c.269, s.4.
N.J. Stat. § 34:13A-26 Withholding increment for disciplinary reasons
Disputes involving the withholding of an employee's increment by an employer for predominately disciplinary reasons shall be subject to the grievance procedures established pursuant to law and shall be subject to the provisions of section 8 of this act. L.1989, c.269, s.5.
N.J. Stat. § 34:13A-27 Resolution of disputes
a. If there is a dispute as to whether a transfer of an employee between work sites or withholding of an increment of a teaching staff member is disciplinary, the commission shall determine whether the basis for the transfer or withholding is predominately disciplinary. b. If the commission determines that the basis for a transfer is predominately disciplinary, the commission shall have the authority to take reasonable action to effectuate the purposes of this act. c. If the commission determines that the basis for an increment withholding is predominately disciplinary, the dispute shall be resolved through the grievance procedures established pursuant to law and shall be subject to the provisions of section 8 of this act. d. If a dispute involving the reason for the withholding of a teaching staff member's increment is submitted to the commission pursuant to subsection a. of this section, and the commission determines that the reason for the increment withholding relates predominately to the evaluation of a teaching staff member's teaching performance, the teaching staff member may file a petition of appeal pursuant to N.J.S.18A:6-9 and N.J.S.18A:29-14, and the petition shall be deemed to be timely if filed within 90 days of notice of the commission's decision, or of the final judicial decision in any appeal from the decision of the commission, whichever date is later. L.1989, c.269, s.6.
N.J. Stat. § 34:13A-28 Additional rights
Nothing in this act shall be deemed to restrict or limit any right established or provided by section 7 of P.L.1968, c.303 (C.34:13A-5.3); this act shall be construed as providing additional rights in addition to and supplementing the rights provided by that section. L.1989, c.269, s.7.
N.J. Stat. § 34:13A-29 Grievance procedures; binding arbitration.
8. a. The grievance procedures that employers covered by this act are required to negotiate pursuant to section 7 of P.L.1968, c.303 (C.34:13A-5.3) shall be deemed to require binding arbitration as the terminal step with respect to disputes concerning imposition of reprimands and discipline as that term is defined in this act. b. In any grievance procedure negotiated pursuant to this act, the burden of proof shall be on the employer covered by this act seeking to impose discipline as that term is defined in this act. c. In addition to any rights provided pursuant to subsection a. of this section, an employee who is not a teaching staff member as defined by section 1 of P.L.1989, c.269 (C.34:13A-22) shall have the right to submit to binding arbitration any dispute regarding whether there is just cause for a disciplinary action, including, but not limited to, reprimands, withholding of increments, termination or non-renewal of an employment contract, expiration or lapse of an employment contract or term, or lack of continuation of employment, irrespective of the reason for the employer's action or failure to act, and irrespective of any contractual or negotiated provision or lack thereof. In the arbitration, the burden of proof shall be on the employer. The provisions of this subsection c. shall also apply to county college employees other than faculty members or members of the professional staff. d. Nothing in this section shall be regarded as affecting the right of any teaching staff member or majority representative to submit to binding arbitration any dispute involving or relating to a teaching staff member. L.1989, c.269, s.8; amended 2020, c.66, s.1.
N.J. Stat. § 34:13A-30 Employment with public employee labor organizations, certain; prohibited.
1. During the period in which an individual, pursuant to section 504 of Pub.L.86-257 (29 U.S.C.s.504), is prohibited from serving: as a consultant or adviser to any labor organization; as an officer, director, trustee, member of any executive board or similar governing body, business agent, manager, organizer, employee or representative in any capacity of any labor organization; as a labor relations consultant or adviser to a person engaged in an industry or activity affecting commerce, or as an officer, director, agent or employee of any group or association of employers dealing with any labor organization, or in a position having specific collective bargaining authority or direct responsibility in the area of labor-management relations in any corporation or association engaged in an industry or activity affecting commerce; in a position which permits the individual to receive a share of the proceeds from providing goods or services to any labor organization, or as an officer, executive or administrative employee of any entity, the activities of which are in whole or substantial part devoted to providing goods or services to any labor organization; or in any capacity involving decision-making authority over, or custody or control of, the moneys, funds, assets or property of a labor organization, the individual shall also be prohibited from serving: (a) As a consultant or adviser to any organization representing public employees; (b) As an officer, director, trustee, member of any governing body, business agent, manager, organizer, employee or representative in any capacity of any organization representing public employees; (c) As a labor relations consultant or adviser to any public employer, or as an officer, director, agent or employee of any group or association of public employers, or in a position in which the individual has collective bargaining authority or responsibility in the area of labor-management relations for a public employer; (d) In a position which permits the individual to receive a share of the proceeds from providing goods or services to any organization representing public employees, or as an officer, executive or administrative employee of any entity the activities of which are in whole or substantial part devoted to providing goods or services to any organization representing public employees; or (e) In any capacity involving decision-making authority over, or custody or control of, the moneys, funds, assets or property of an organization representing public employees. For the purposes of this section, "labor organization" means a labor organization as defined in section 3 of Pub.L.86-257 (29 U.S.C. s.402). L.1999,c.3,s.1.
N.J. Stat. § 34:13A-31 has been reallocated to 34:11A-14
34:13A-31 Short title. 1. This act shall be known and may be cited as the "School Employees Contract Resolution and Equity Act." L.2003,c.126,s.1.
N.J. Stat. § 34:13A-32 Definitions relative to school employee collective negotiations.
2. For the purposes of this act: "Employer" or "public employer" means any local or regional school district, charter school and its board of trustees, vocational school district, educational services commission, jointure commission, county special services school district, community college, county college, or board or commission under the authority of the Commissioner of Education, the State Board of Education, or the New Jersey Commission on Higher Education. "Majority representative" means the majority representative of the employees in a collective bargaining unit which is recognized or certified as the majority representative as the result of recognition or certification procedures under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), or is voluntarily recognized by the employer. "Commission" means the New Jersey Public Employment Relations Commission. L.2003,c.126,s.2.
N.J. Stat. § 34:13A-33 Terms, conditions of employment under expired agreements.
3. Notwithstanding the expiration of a collective negotiations agreement, an impasse in negotiations, an exhaustion of the commission's impasse procedures, or the utilization or completion of the procedures required by this act, and notwithstanding any law or regulation to the contrary, no public employer, its representatives, or its agents shall unilaterally impose, modify, amend, delete or alter any terms and conditions of employment as set forth in the expired or expiring collective negotiations agreement, or unilaterally impose, modify, amend, delete, or alter any other negotiable terms and conditions of employment, without specific agreement of the majority representative. L.2003,c.126,s.3.
N.J. Stat. § 34:13A-34 Participation in mandatory fact finding; report; appointment of super conciliator.
4. a. In any case in which collective negotiations between an employer and a majority representative have failed to result in the parties reaching agreement on the terms of a negotiated agreement and the commission's mediation procedures have been exhausted with no final agreement having been reached, the parties shall be required to participate in mandatory fact finding, which shall be conducted by a fact finder under the jurisdiction of the commission, subject to procedures established by the commission pursuant to regulation. The fact finder shall be appointed no later than 30 days after the last meeting between the parties and the mediator in connection with the mediation pursuant to this act. b. Following completion of such fact finding, the fact finder's report shall be made available to the parties immediately after its issuance, and to the public 10 days thereafter. c. If the employer and the majority representative do not reach a voluntary negotiated agreement within 20 days after the issuance of the fact finder's report, the commission shall appoint a super conciliator to assist the parties, based upon procedures and subject to qualifications established by the commission pursuant to regulation. L.2003,c.126,s.4.
N.J. Stat. § 34:13A-35 Investigatory proceedings.
5. The super conciliator shall promptly schedule investigatory proceedings. The purpose of the proceedings shall be to: a. Investigate and acquire all relevant information regarding the dispute between the parties; b. Discuss with the parties 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 parties' differences; c. Modify or amend the fact finder's report for reconsideration by the parties in a further effort to achieve a voluntary settlement by the parties; and d. Institute any other non-binding procedures deemed appropriate by the super conciliator. L.2003,c.126,s.5.
N.J. Stat. § 34:13A-36 Final report.
6. If the actions taken by the super conciliator fail to resolve the dispute, the super conciliator shall issue a final report, which shall be provided to the parties promptly and made available to the public within 10 days thereafter. L.2003,c.126,s.6.
N.J. Stat. § 34:13A-37 Confidentiality; exceptions.
7. The mediator, fact finder, or 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 him or to testify with regard to mediation conducted by him under this act. Nothing contained herein shall exempt an individual from disclosing information relating to the commission of a crime. L.2003,c.126,s.7.
N.J. Stat. § 34:13A-38 Report to Governor, Legislature.
8. Five years after the effective date of this act, the commission shall submit a report to the Governor and to the Legislature on the effects of this act on the negotiations and settlement between school employees and their employers with any recommendations it may have for any changes in the law. L.2003,c.126,s.8.
N.J. Stat. § 34:13A-39 Rules, regulations.
9. The commission, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) shall promulgate rules and regulations to effectuate the purposes of this act. L.2003,c.126,s.9.
N.J. Stat. § 34:13A-40 Definitions relative to employee assistance programs for certain public employees.
1. For the purposes of this act: "Civil union" means a civil union as defined in section 2 of P.L.2006, c.103 (C.37:1-29). "Employee assistance program" means a program in which a public employer provides or contracts with a service provider to provide assistance to the employer's employees and their dependents to resolve problems which may affect employee work performance, irrespective of whether the problems originate on the job, including, but not limited to, marital and family problems, emotional problems, substance use disorder, compulsive gambling, financial problems, and medical problems. "Dependent" means an employee's spouse, civil union partner, or domestic partner, an unmarried child of the employee who is less than 31 years of age and lives with the employee in a regular parent-child relationship, or an unmarried child of the employee who is not less than 31 years of age and is not capable of self support. "Child of the employee" includes any child, stepchild, legally adopted child, or foster child of the employee, or of a domestic partner or civil union partner of the employee, who is reported for coverage and dependent upon the employee for support and maintenance. "Domestic partner" means a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3). "Employee" means an employee of a public employer. "Public employer" means the State of New Jersey, or the counties and municipalities thereof, or any other political subdivision of the State, or a school district, or any special district, or any authority, including a bi-state authority, or any commission, or board, or any branch or agency of the public service. L.2011, c.69, s.1; amended 2023, c.177, s.115.
N.J. Stat. § 34:13A-41 Employee assistance programs; licensure, establishment.
2. Employee assistance programs may provide advice, counseling, treatment, referral and other assistance, except that nothing in this act shall be construed to authorize a person to provide any service in connection with an employee assistance program without holding the license required by law to provide the service. An employee assistance program may be established through a negotiated agreement between the majority representative of the employees in an appropriate bargaining unit and a public employer, or established by a public employer through the adoption of a policy which conforms to the requirements of this act. L.2011, c.69, s.2.
N.J. Stat. § 34:13A-42 Prohibited actions by public employer.
3. No public employer shall take any action against an employee of the employer, including termination, because the employee or a dependent of the employee has obtained counseling, referrals or other services from an employee assistance program or has obtained treatment or other services from any program to which the employee assistance program refers the employee or dependent, unless the employee was referred by the employer to the employee assistance program due to issues related to job performance and fails to make a good faith effort to comply with the recommendations made by the employee assistance program. The provisions of this section shall not be construed as preventing the public employer from taking any action which the employer is otherwise authorized to take for workplace misconduct of the employee or poor work performance, even if the misconduct or poor performance is related to a problem for which the employee is obtaining services provided by an employee assistance program or other program to which the employee assistance program refers the employee. L.2011, c.69, s.3.
N.J. Stat. § 34:13A-43 Confidentiality; waivers.
4. a. Except as provided in subsection b. of this section, each request by an employee or dependent for assistance from, referral to, participation in, or referral by, an employee assistance program shall be confidential, and no public employer, service provider or other person shall divulge to any person that an employee or dependent has requested assistance from, been referred to, or participated in, an employee assistance program or any treatment program to which the employee assistance program refers the employee or dependent. The requirement of confidentiality shall apply to all information related to an employee assistance program, including but not limited to any statements, materials, documents, evaluations, impressions, conclusions, findings, or acts taken in the course of, or in connection with, the program. If, however, a public employer documents to the employee assistance program that the employee has accepted a referral by a public employer for assistance during normal working hours with sick leave or other paid leave, the public employer shall be entitled to know whether the employee has kept his appointment and the amount of time of the appointment. b. The requirements for confidentiality provided for in subsection a. of this section may be waived only if: (1) the employee or dependent to whom the information applies has requested and authorized a waiver; the waiver is in writing and specifies the information to be released and the persons to whom the information may be provided; and the information released is the information authorized for release by the employee or dependent and is released only to the persons designated by the employee or dependent, provided that a public employer may not require an employee to authorize a waiver pursuant to this subsection or take any action against an employee for not authorizing the waiver; (2) the employee assistance program advisor reasonably believes that the employee is at substantial risk of imminent death or serious bodily injury to self or others; or (3) the advisor is reporting suspected child abuse or neglect. c. The provisions of this act shall not be construed to affect other evidentiary privileges and recognized exceptions. L.2011, c.69, s.4.
N.J. Stat. § 34:13A-44 Definitions relative to collective bargaining agreements and subcontracting.
1. As used in this act: "Employer" means any local or regional school district, educational services commission, jointure commission, county special services school district, county college, or board or commission under the authority of the Commissioner of Education or the State Board of Education. "Employee" means any employee, whether employed on a full or part-time basis, of an employer. "Subcontracting" means any action, practice, or effort by an employer which results in any services or work performed by any of its employees being performed or provided by any other person, vendor, corporation, partnership or entity. "Subcontracting agreement" means any agreement or arrangement entered into by an employer to implement subcontracting, but shall not include any contract entered into pursuant to the "Uniform Shared Services and Consolidation Act," P.L.2007, c.63 (C.40A:65-1 et al.), or any contract entered into to provide services to nonpublic schools through State or federal funds. L.2020, c.79, s.1.
N.J. Stat. § 34:13A-45 Subcontracting mandatory subjects of negotiations, exceptions.
2. Except for actions of an employer expressly required or prohibited by the provisions of this act, all aspects or actions relating to or resulting from an employer's decision to subcontract including, but not limited to, whether or not severance pay is provided, shall be mandatory subjects of negotiations. L.2020, c.79, s.2.
N.J. Stat. § 34:13A-46 Employer entering into subcontract agreement, terms, conditions.
3. No employer shall enter into a subcontracting agreement which affects the employment of any employees in a collective bargaining unit represented by a majority representative during the term that an existing collective bargaining agreement with the majority representative is in effect. No employer shall enter into a subcontracting agreement for a period following the term of the current collective bargaining agreement unless the employer: a. Provides written notice to the majority representative of employees in each collective bargaining unit which may be affected by the subcontracting agreement and to the New Jersey Public Employment Relations Commission, not less than 90 days before the employer requests bids, or solicits contractual proposals for the subcontracting agreement; and b. Has offered the majority representative of the employees in each collective bargaining unit which may be affected by the subcontracting agreement the opportunity to meet and consult with the employer to discuss the decision to subcontract, and the opportunity to engage in negotiations over the impact of the subcontracting. The employer's duty to negotiate with the majority representative of the employees in each collective bargaining unit shall not preclude the employer's right to subcontract should no successor agreement exist. L.2020, c.79, s.3.
N.J. Stat. § 34:13A-47 Rights of displaced employee.
4. Each employee replaced or displaced as the result of a subcontracting agreement shall retain all previously acquired seniority during that period and shall have recall rights whenever the subcontracting terminates. L.2020, c.79, s.4.
N.J. Stat. § 34:13A-48 Violation, unfair practice; remedies.
5. An employer who violates any provision of this act shall be deemed to have committed an unfair practice, and any employee or majority representative organization affected by the violation may file an unfair practice charge with the New Jersey Public Employment Relations Commission. If the employee or organization prevails on the charge, the employee is entitled to a remedy including, but not limited to, reinstatement, back pay, back benefits, back emoluments, tenure and seniority credit, attorney's fees, and any other relief the commission deems appropriate to effectuate the purposes of this act. L.2020, c.79, s.5.
N.J. Stat. § 34:13A-49 Construction of act.
6. Nothing in this act shall be construed as authorizing subcontracting which is not otherwise authorized by law. Nothing in this act shall be construed as restricting or limiting any right established or provided for employees by section 7 of P.L.1968, c.303 (C.34:13A-5.3); the purpose of this act is to provide rights in addition to those provided in that section. L.2020, c.79, s.6.
N.J. Stat. § 34:13A-50 Definitions relative to collective bargaining.
1. As used in this act: "Employer" means a State college or university established pursuant to chapter 64 of Title 18A of the New Jersey Statutes or a public research university. "Employee" means any employee, whether employed on a full or part-time basis, of an employer. "Subcontracting" means any action, practice, or effort by an employer which results in any services or work performed by any of its employees being performed or provided by any other person, vendor, corporation, partnership or entity. "Subcontracting agreement" means any agreement or arrangement entered into by an employer to implement subcontracting. L.2021, c.104, s.1.
N.J. Stat. § 34:13A-51 Mandatory subjects of negotiations.
2. Except for actions of an employer expressly required or prohibited by the provisions of this act, all aspects or actions relating to or resulting from an employer's decision to subcontract including, but not limited to, whether or not severance pay is provided, shall be mandatory subjects of negotiations. L.2021, c.104, s.2.
N.J. Stat. § 34:13A-52 Subcontracting agreement conditions.
3. No employer shall enter into a subcontracting agreement which affects the employment of any employees in a collective bargaining unit represented by a majority representative during the term that an existing collective bargaining agreement with the majority representative is in effect. No employer shall enter into a subcontracting agreement for a period following the term of the current collective bargaining agreement unless the employer: a. Provides written notice to the majority representative of employees in each collective bargaining unit which may be affected by the subcontracting agreement and to the New Jersey Public Employment Relations Commission, not less than 90 days before the employer requests bids, or solicits contractual proposals for the subcontracting agreement; and b. Has offered the majority representative of the employees in each collective bargaining unit which may be affected by the subcontracting agreement the opportunity to meet and consult with the employer to discuss the decision to subcontract, and the opportunity to engage in negotiations over the impact of the subcontracting. The employer's duty to negotiate with the majority representative of the employees in each collective bargaining unit shall not preclude the employer's right to subcontract should no successor agreement exist. L.2021, c.104, s.3.
N.J. Stat. § 34:13A-53 Replaced, displaced employee; seniority retained.
4. Each employee replaced or displaced as the result of a subcontracting agreement shall retain all previously acquired seniority during that period and shall have recall rights whenever the subcontracting terminates. L.2021, c.104, s.4.
N.J. Stat. § 34:13A-54 Unfair practice charge.
5. An employer who violates any provision of this act shall be deemed to have committed an unfair practice, and any employee or majority representative organization affected by the violation may file an unfair practice charge with the New Jersey Public Employment Relations Commission. If the employee or organization prevails on the charge, the employee is entitled to a remedy including, but not limited to, reinstatement, back pay, back benefits, back emoluments, tenure and seniority credit, attorney's fees, and any other relief the commission deems appropriate to effectuate the purposes of this act. L.2021, c.104, s.5.
N.J. Stat. § 34:13A-55 Purpose of act.
6. Nothing in this act shall be construed as authorizing subcontracting which is not otherwise authorized by law. Nothing in this act shall be construed as restricting or limiting any right established or provided for employees by section 7 of P.L.1968, c.303 (C.34:13A-5.3); the purpose of this act is to provide rights in addition to those provided in that section. L.2021, c.104, s.6.
N.J. Stat. § 34:13A-56 Short title.
1. This act shall be known and may be cited as the "Responsible Collective Negotiations Act." L.2021, c.411, s.1.
N.J. Stat. § 34:13A-57 Findings, declarations.
2. The Legislature finds and declares that the public interest is best served in the prompt settlement of labor disputes and in achieving cost effective and creative solutions to ensure the efficient delivery of public services and that policy is best achieved by entrusting democratically elected government officials with broad authority to negotiate over the terms of employment of their employees. L.2021, c.411, s.2.
N.J. Stat. § 34:13A-58 Definitions.
3. Notwithstanding any provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), or any other law to the contrary, as used in sections 1 through 9 of P.L.2021, c.411 (C.34:13A-56 through C.34:13A-64): a. The term "commission" means the New Jersey Public Employment Relations Commission. b. The term "employer" means the State of New Jersey, or the several counties and municipalities thereof, or any other political subdivision of the State, or any special district, or any county college, or any authority, commission or board, or any branch or agency of the State, except that the term does not include any local or regional school district, or board or commission under the authority of the Commissioner of Education or the State Board of Education. c. The term "employee" means an employee of an employer as defined by subparagraph b above, but does not include firefighting employees of public fire departments or employees engaged in performing police services for public police departments as those terms are defined by section 2 of P.L.1977, c.85 (C.34:13A-15), except that, for the purposes of sections 6 through 9 of P.L.2021, c.411 (C.34:13A-61 through C.34:13A-64), the term "employee" also includes firefighting employees of public fire departments or employees engaged in performing police services for public police departments as those terms are defined by section 2 of P.L.1977, c.85 (C.34:13A-15). d. The terms "employee organization" and "majority representative", unless otherwise specified, mean the "exclusive majority representative" either certified by the commission or recognized by the public employer. L.2021, c.411, s.3.
N.J. Stat. § 34:13A-59 Collective negotiations, resolution of disputes, employment terms, conditions.
4. Notwithstanding any provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), or any other law to the contrary: a. Permissive subjects for collective negotiation shall include all terms and conditions of employment that are not otherwise mandatorily negotiable and that intimately and directly affect employee work and welfare, unless otherwise preempted by State or federal statute, or unless a negotiated agreement would prevent government from carrying out its statutory mission. b. Administrative regulations adopted after the effective date of P.L.2021, c.411 (C.34:13A-56 et al.) that set terms and conditions of employment or that grant public employers authority over terms and conditions of employment do not preempt collective negotiations and do not supersede the provisions of any negotiated agreement, except that terms and conditions of employment set by statutes and regulations shall not be diminished by a negotiated agreement. c. Parties may submit disputes about whether a matter is within the scope of collective negotiations to the commission, pursuant to the authority vested in it by subsection d. of section 1 of P.L.1974, c.123 (C.34:13A-5.4). d. Grievance procedures shall provide for binding arbitration as the means for resolving disputes over the application, interpretation or violation of the terms of a collective negotiations agreement entered into by the parties. e. Where an employer and a majority representative agree to disciplinary review procedures that provide for binding arbitration of disputes involving employees who are covered by alternate statutory review procedures, other than public employees subject to discipline pursuant to R.S.53:1-10, the disciplinary review procedures established by agreement between an employer and a majority representative shall be utilized for any dispute covered by the terms of such agreement. f. Notwithstanding the expiration of a collective negotiations agreement, an impasse in negotiations, an exhaustion of the commission's impasse procedures, or the utilization or completion of the procedures required by P.L.2021, c.411 (C.34:13A-56 et al.) to resolve disputes involving collective negotiations, and notwithstanding any law or regulation to the contrary, no public employer, its representatives, or its agents shall unilaterally impose, modify, amend, delete, or alter any mandatorily negotiable terms and conditions of employment as set forth in the expired or expiring collective negotiations agreement, or unilaterally impose, modify, amend, delete, or alter any other mandatorily negotiable terms and conditions of employment that are not set forth in a collective negotiations agreement, without the specific written agreement of the majority representative. Following contract expiration, and notwithstanding any law or regulation to the contrary, absent express language in a collective negotiations agreement providing that a specific term of the agreement will not continue after the expiration of the collective negotiations agreement, all terms and conditions of the agreement, including, but not limited to, the payment of salary increments, shall remain in effect following the agreement's expiration until the parties reach agreement on a successor collective negotiations agreement. g. Notwithstanding any provision of this section, the Legislature retains the right to exempt from collective negotiations subjects that would otherwise be mandatory subjects of negotiations. h. Notwithstanding any provision of this section, the resolution of disputes concerning negotiations over terms and conditions of employment shall not be subject to compulsory interest arbitration as set forth in P.L.1995, c. 425 (C.34:13A-14a et seq.). i. The parties to collective negotiations may not insist on negotiating over permissive subjects of negotiations. A party's decision to not negotiate or to cease negotiating over a permissive subject of negotiations is not a violation of subsection a. or b. of section 1 of P.L.1974, c.123 (C.34:13A-5.4). j. The commission shall promulgate regulations to enforce the provisions of this section. L.2021, c.411, s.4.
N.J. Stat. § 34:13A-60 Communications related to grievances, confidential disciplinary disputes.
5. The communications between a representative of a majority representative of employees and a unit member regarding the investigation and preparation for meetings and hearings of grievances and disciplinary disputes, shall be treated as confidential communications and shall not be subject to disclosure under the discovery rules of New Jersey administrative agencies, including, but not limited to, the Office of Administrative Law and the commission, or pursuant to section 17 of P.L.2003, c.95 (C.2A:23B-17), and other applicable State laws authorizing arbitrators, presiding at labor arbitrations, to issue subpoenas. This section does not apply to the New Jersey Court Rules or to records that are required by statute, case law, or the New Jersey Court Rules to be made available to the public by entities provided for in Article VI of the New Jersey Constitution. L.2021, c.411, s.5.
N.J. Stat. § 34:13A-60.1 Excluded entities.
13. The provisions of sections 4 and 5 of P.L.2021, c.411 (C.34:13A-59 and C.34:13A-60), and of subsection c. of section 5 of P.L.2018, c.15 (C.34:13A-5.15) shall not apply to: a. the several counties and municipalities; b. authorities, commissions, boards or other instrumentalities of the several counties and municipalities; c. State colleges and universities, including Kean University, Montclair State University, and Rowan University; d. county colleges; e. Rutgers, the State University of New Jersey; or f. the New Jersey Institute of Technology. L.2021, c.411, s.13.
N.J. Stat. § 34:13A-61 Cost of representation in case of employee who does not pay dues to majority representative.
6. Notwithstanding any provisions of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.), or any other law to the contrary, if an employee who does not pay dues to a majority representative requests that the majority representative represent the employee in arbitration proceedings to enforce the terms of the collective negotiations agreement between the majority representative and the public employer, including arbitration proceedings involving the resolution of disciplinary disputes, the majority representative may charge an employee for the cost of representing the employee in the arbitration proceedings, and may decline to represent an employee in the arbitration unless the employee agrees to pay for the cost of the representation. L.2021, c.411, s.6.
N.J. Stat. § 34:13A-62 Collective negotiations agreement parties, authority, arbitration.
7. Only the parties to a collective negotiations agreement shall have the authority to invoke the arbitration procedures of the agreement and the public employer and the employee organization shall be the only parties to the arbitration proceeding invoked pursuant to the collective negotiations agreement. L.2021, c.411, s.7.
N.J. Stat. § 34:13A-63 Majority representative election, certification; electronic signature.
8. Authorization cards or showings of interest submitted to the commission for purposes of conducting an election to select a majority representative or certifying an employee organization as the exclusive majority representative based on a majority of employees in the unit signing authorization cards or a petition, may bear the electronic signature of the employee, as the term electronic signature is defined in section 2 of P.L.2001, c. 116 (C.12A:12-2), provided that the petitioner provides to the commission verification as to the authenticity of the electronic signature, such as an email from the employee signatory confirming the authenticity of their signature or such other verification deemed acceptable by the commission. Facsimile transmissions and email will be accepted in lieu of originals for authorization cards and showings of interest in certification cases; however, all original filings and submissions shall be retained by the petitioner and the originals shall be produced upon request of the commission. L.2021, c.411, s.8.
N.J. Stat. § 34:13A-64 Violation, unfair practice charge; scheduling of hearings.
9. Complaints issued based on a violation of paragraph (3) of subsection (a) of section 1 of P.L.1974, c.123 (C.34:13A-5.4) shall be scheduled for hearing within 120 calendar days from date of complaint issuance, unless the parties agree to extend the time for complaint issuance. Within 60 calendar days of the filing of an unfair practice charge alleging the violation, the commission shall decide whether or not to issue a complaint. The commission shall promulgate rules to provide for discovery prior to the commencement of a hearing. L.2021, c.411, s.9.
N.J. Stat. § 34:13A-65 Rights of cannabis employees.
6. Rights of Cannabis Employees a. Cannabis employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from those activities except to the extent that the right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 7 of P.L.2025, c.244 (C.34:13A-66). b. Cannabis employees shall have the right to engage in, or induce or encourage any individual employed by their employer to engage in, a strike or a refusal in the course of their employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services for another employer that is engaged in an ongoing labor dispute with their private employees. c. Cannabis employees shall have the right to engage in, or induce or encourage any individual employed by their employer to engage in, a strike due to a finding of an unfair labor practice by the division as provided in section 7 of P.L.2025, c.244 (C.34:13A-66). d. If the cannabis employer is to hire workers to complete the job duties of striking cannabis employees, the employer shall be obligated to employ the striking cannabis employees once the labor unrest has ceased. Nothing in P.L.2025, c.244 (C.34:13A-5.1a et al.) shall give the employer the right to preeminently fire or cease employment of cannabis employees for engaging in protected activity covered under P.L.2025, c.244 (C.34:13A-5.1a et al.), including the right to strike. e. When the cannabis employer hires employees of the same or similar designation as covered by the bargaining unit, the newly hired employees shall be added to the collective bargaining unit of the labor organization and be covered by the collective bargaining agreement after a designated period decided by the labor organization and the employer. This period may be instantaneous upon hiring or after a predetermined probationary period as specified in the collective bargaining agreement. L.2025, c.244, s.6.
N.J. Stat. § 34:13A-66 Unfair labor practices, cannabis employers.
7. Unfair Labor Practices; Cannabis Employers a. It shall be an unfair labor practice for a cannabis employer to: (1) interfere with, restrain, or coerce cannabis employees in the exercise of the rights guaranteed in section 6 of P.L.2025, c.244 (C.34:13A-65); (2) dominate or interfere with the formation or administration of any labor organization representing cannabis employees or contribute financial support against it; (3) discriminate in regard to the hiring or tenure of a cannabis employee or in any term or condition of employment to encourage or discourage membership in any labor organization; (4) to discharge or otherwise discriminate against a cannabis employee because they have filed charges or given testimony under this section; (5) take adverse action against a person within 90 days of the person's exercise of rights protected under P.L.2025, c.244 (C.34:13A-5.1a et al.). An adverse action shall raise a rebuttable presumption that the action was in retaliation for the exercise of those rights; (6) refuse to bargain collectively with the representatives of its cannabis employees; (7) discharge or discipline a cannabis employee who engages in, or induces or encourages any individual employed by the employer to engage in, a strike or a refusal in the course of their employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services for another employer that is engaged in an ongoing labor dispute with their cannabis employees; (8) discharge or discipline a cannabis employee who declines to attend or participate in an employer-sponsored meeting or communication if the purpose of the meeting or communication is to dissuade employees from joining or forming a union, deliver anti-union messaging, or communicate information that the cannabis employer is not required by law to communicate and is not necessary for those employees to perform their job duties, but rather is regarding the political views of the cannabis employer; (9) to spy upon or keep under surveillance, whether directly or through agents or any other person, any activities of cannabis employees or their representatives in the exercise of the rights listed in this in section 6 of P.L.2025, c.244 (C.34:13A-65); (10) to prepare, maintain, distribute, or circulate any blacklist of individuals for the purpose of preventing any of those individuals from obtaining or retaining employment because of the exercise by those individuals of any of the rights guaranteed in section 6 P.L.2025, c.244 (C.34:13A-65); (11) to refuse to discuss grievances with representatives of cannabis employees; (12) to utilize any State funding, appropriated for any purpose, to train personnel regarding methods to discourage union organization or to discourage an employee from participating in a union organizing drive; or (13) to lockout its cannabis employees through a refusal to permit cannabis employees to work as a result of a dispute with the cannabis employees or the labor organization representing them that affects wages, hours, and other terms and condition of employment. This shall not prevent a cannabis employer from terminating the employment for good cause that does not involve the terminated cannabis employees’ exercising any rights guaranteed by section 6 of P.L.2025, c.244 (C.34:13A-65). b. It shall be an unfair labor practice for a labor organization or its agents to: (1) cause or attempt to cause an employer to discriminate against a cannabis employee in violation of section 6 of P.L.2025, c.244 (C.34:13A-65) or to discriminate against a cannabis employee with respect to whom membership in the organization has been denied or terminated on some ground other than the failure to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership; or (2) refuse to bargain collectively with a cannabis employer, provided it is the representative of the cannabis employees of that employer. c. The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of P.L.2025, c.244 (C.34:13A-5.1a et al.), if the expression contains no threat of reprisal or force or promise of benefit. d. For the purposes of this section, it shall be an unfair labor practice to not bargain in good faith in furtherance of the mutual obligation of the employer and the labor organization to produce and sign a collective bargaining agreement with respect to the wages, hours, and other terms and conditions of employment to govern the cannabis employees represented by the labor organization and the employer. e. The board and the division retain explicit authority to promulgate the necessary administrative regulations to effectuate this section. L.2025, c.244, s.7.
N.J. Stat. § 34:13A-67 Representatives and elections, cannabis employees.
8. Representatives and Elections; Cannabis Employees a. Representatives designated or selected for the purposes of collective bargaining by the majority of the cannabis employees in a unit appropriate for those purposes shall be the exclusive representatives of all the cannabis employees in that unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment, provided that any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have their grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective bargaining contract or agreement then in effect, provided further, that the bargaining representative has been given opportunity to be present at the adjustment. b. The Division of Private Employment Dispute Settlement shall decide in each case of contested unit membership whether, to assure to employees the fullest freedom in exercising the rights guaranteed by P.L.2025, c.244 (C.34:13A-5.1a et al.), the unit appropriate for the purposes of collective bargaining shall be the employer unit, craft unit, plant unit, or subdivision thereof. c. A labor organization may become the exclusive representative for the covered employees of an appropriate bargaining unit for purposes of collective bargaining with respect to rates of pay, wages, hours of employment, or other conditions of employment by filing a Majority Support Petition with the Division of Private Employment Dispute Settlement alleging that a majority of the employees in the bargaining unit wish to be represented by that organization. The petition shall describe the geographical area that constitutes the unit claimed to be appropriate and shall be accompanied by proof of majority support, through authorization cards, Majority Support Petitions, or other appropriate proof of majority support. d. A labor organization that wishes to represent a particular bargaining unit may be certified as that unit’s bargaining representative by submitting to the Division of Private Employment Dispute Settlement a Majority Support Petition. The petition shall allege all of the following: (1) That the number of covered employees currently employed by the employer named in the Majority Support Petition, as determined from the employer’s payroll immediately preceding the filing of the Majority Support Petition, is not less than 50 percent of the bargaining unit for purposes of collective bargaining. (2) That no valid election has been conducted among the covered employees of the employer named in the Majority Support Petition within the 12 months immediately preceding the filing of the petition. (3) That the Majority Support Petition is not barred by an existing collective bargaining agreement. e. The Majority Support Petition described in subsection d. of this section shall be supported by a proof of majority support, through authorization cards, petitions, or other appropriate proof of majority support of the currently employed employees, as determined from the employer’s payroll immediately preceding the filing of the Majority Support Petition. The showing of support shall be submitted together with the Majority Support Petition. f. A labor organization submitting a Majority Support Petition shall personally serve the petition on the employer on the same day that the petition is filed with the Division of Private Employment Dispute Settlement. Within 48 hours after the petition is served, the cannabis employer shall file with the division, and personally serve upon the labor organization that filed the petition, its response to the petition. As part of the response, the employer shall provide a complete and accurate list of the full names, current street addresses, telephone numbers, job classifications, and crew or department of all currently employed employees in the bargaining unit employed as of the payroll period immediately preceding the filing of the petition. The employer shall organize the employees’ names and addresses and other information by crew or department and shall provide the list to the division and petitioning labor organization in hardcopy and electronic format. The employee’s first name, middle name or initial, last name, address, city, state, ZIP Code, telephone number, classification, and crew or department shall be organized into separate columns. Immediately upon receiving the employer response and employee list, the division shall provide the response and employee list by hardcopy and electronic copy to the labor organization that filed the Majority Support Petition. g. (1) Upon receipt of a Majority Support Petition, the Division of Private Employment Dispute Settlement shall immediately commence an investigation regarding the validity of the petition and the proof of support submitted. Within five days of receipt of the petition, the division shall make an administrative determination as to whether the requirements set forth in subsection d. of this section are met by the petition and whether the labor organization submitting the petition has provided proof of majority support. In making this determination, the division shall compare the names on the proof of support submitted by the labor organization to the names on the list of currently employed employees provided by the employer. The division shall ignore discrepancies between the employee’s name listed on the proof of support and the employee’s name on the employer’s list if the preponderance of the evidence, such as the employee’s address, the name of the employee’s foreman or forewoman, or evidence submitted by the labor organization or employee shows that the employee who signed the proof of support is the same person as the employee on the employer’s list. (2) The division shall return proof of majority support that it finds invalid to the labor organization that filed the Majority Support Petition, with an explanation as to why each proof of support was found to be invalid. (3) If the division determines that the labor organization has submitted proof of majority support and met the requirements set forth in this section, it shall immediately certify the labor organization as the exclusive bargaining representative of the employees in the bargaining unit. An employer’s duty to bargain with the labor organization commences immediately after the labor organization is certified. (4) If the division determines that the labor organization has not submitted the requisite proof of majority support, the division shall notify the labor organization of the deficiency and grant the labor organization 30 days from the date it is notified to submit additional support. h. (1) Within five days after the division certifies a labor organization through a majority support election, the cannabis employer or the labor organization may file with the division a petition objecting to the certification on one or more of the following grounds: (a) Allegations in the Majority Support Petition were false. (b) The division improperly determined the geographical scope of the bargaining unit. (c) The majority support election was conducted improperly. (d) Improper conduct affected the results of the majority support election. (2) Upon receipt of a petition objecting to certification, the Division of Private Employment Dispute Settlement may administratively rule on the petitioner’s objections or may choose to conduct a hearing to rule on the petitioner’s objections. If the division decides to conduct a hearing on the objections, it shall mail a notice of the time and place of the hearing to the petitioner and the labor organization whose certification is being challenged. The division shall conduct the hearing within 14 days of the filing of an objection, unless an extension is agreed to by the labor organization. If the division finds at the hearing that any of the allegations in the petition of the grounds set forth in paragraph (1) of this subsection are true, the division shall revoke the certification issued under subsection g. of this section. (3) The filing of a petition objecting to a majority support election certification shall not diminish the duty to bargain or delay the running of the 90-day period. i. The Division of Private Employment Dispute Settlement shall not permit the filing of any other election petition once a Majority Support Petition is filed until the division determines whether the labor organization filing the Majority Support Petition should be certified. j. If a cannabis employer commits an unfair labor practice, as set forth in section 7 of P.L.2025, c.244 (C.34:13A-66), including vote suppression during a labor organization’s Majority Support Petition campaign, and the employer’s unfair labor practice or misconduct would render slight the chances of a new majority support campaign reflecting the free and fair choice of the cannabis employees covered under section 7 of P.L.2025, c.244 (C.34:13A-66), the labor organization shall be certified by the Division of Private Employment Dispute Settlement as the exclusive bargaining representative for the bargaining unit. For purposes of a finding of an unfair labor practice or misconduct under this subsection, a misrepresentation of fact or law by a cannabis employer or a cannabis employer’s representative or agent is an unfair labor practice or misconduct whether or not a labor organization has had an opportunity to respond to or correct the misrepresentation. k. If a cannabis employer disciplines, suspends, demotes, lays off, terminates, or otherwise takes adverse action against a cannabis employee during a labor organization’s Majority Support Petition campaign, there shall be a presumption that the adverse action was retaliatory. The employer may rebut the presumption if they can provide clear and convincing evidence that the adverse action would have been taken in the absence of the Majority Support Petition campaign. l. If the Division of Private Employment Dispute Settlement invalidates signatures towards the Majority Support Petition so that the Majority Support Petition alleging that a majority of the employees in the bargaining unit wish to be represented by that organization is no longer a majority, under 50 percent plus one of the proposed bargaining unit, the labor organization or the cannabis employees alleging the majority shall either correct the deficiency or proceed with an election. m. If the number of cannabis employees does not rise to a majority of the proposed bargaining unit, the labor organization shall provide proof of 30 percent or more of the cannabis employees in the proposed bargaining unit to secure an election for representation. n. In the case of an election for representation by the labor organization, cannabis employees to be covered by the bargaining unit shall have the right to vote by electronic voting system, Internet voting system, telephone voting system, or remotely as provided in section 3 of P.L.1941, c.100 (C.34:13A-3). o. In any election in which the Division of Private Employment Dispute Settlement determines, following a post-election hearing, that a cannabis employer has committed a violation of P.L.2025, c.244 (C.34:13A-5.1a et al.) or otherwise interfered with a fair election, and the employer has not demonstrated that the violation or other interference is unlikely to have affected the outcome of the election, the division shall, without ordering a new election, set aside the election and certify the labor organization as the representative of the cannabis employees in such unit and issue an order requiring the employer to bargain with the labor organization. p. If a cannabis employer disagrees with the coverage of cannabis employees in the bargaining unit as cannabis employees, the employer shall petition the Division of Private Employment Dispute Settlement. The division shall seek a response from the labor organization or cannabis employees seeking certification. The division shall issue a decision citing to previous National Labor Relations Board rulings on private employees as applied to the prospective bargaining unit. An appeal of the decision shall be preserved pending the final decision on certification by the division. L.2025, c.244, s.8.
N.J. Stat. § 34:13A-68 Collective bargaining procedures.
9. Collective bargaining procedures; Cannabis Employees a. To bargain collectively is the performance of the mutual obligation of the cannabis employer and the representative of the cannabis employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but this obligation shall not compel either party to agree to a proposal or require the making of a concession, provided that, where there is in effect a collective bargaining contract covering employees in an industry affecting commerce, the duty to bargain collectively shall also mean that no party to the contract shall terminate or modify the contract, unless the party desiring the termination or modification: (1) serves a written notice upon the other party to the contract of the proposed termination or modification 60 days prior to the expiration date thereof, or in the event the contract contains no expiration date, 60 days prior to the time the termination or modification is proposed; (2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications; (3) notifies the Division of Private Employment Dispute Settlement within 30 days after such notice of the existence of a dispute; and (4) continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract for a period of 60 days after the notice is given or until the expiration date of the contract, whichever occurs later. b. Whenever collective bargaining is for the purpose of establishing an initial collective bargaining agreement following certification or recognition of a labor organization, the following shall apply: (1) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly recognized or certified as a representative as defined in section 8 of P.L.2025, c.244 (C.34:13A-67), or within a further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. (2) If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or an additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Board of Mediation of the existence of a dispute and request conciliation or mediation or both. Whenever such a request is received, it shall be the duty of the Board of Mediation promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. (3) If after the expiration of the 30-day period beginning on the date on which the request for mediation is made, or an additional period as the parties may agree upon, the Board of Mediation is not able to bring the parties to agreement by conciliation or mediation, the Board of Mediation shall refer the dispute to an arbitration panel established in accordance with regulations as may be prescribed by the Board of Mediation, with one member selected by the labor organization, one member selected by the employer, and one neutral member mutually agreed to by the parties. The labor organization and employer shall each select the members of the tripartite arbitration panel within 14 days of the Board of Mediation’s referral; if the labor organization or employer fail to do so, the Board of Mediation shall designate any members not selected by the labor organization or the employer. An arbitration panel shall render a decision settling the dispute as soon as practicable and not later than within 120 days, absent extraordinary circumstances or by agreement or permission of the parties, and the decision shall be binding upon the parties for a period of two years, unless amended during a period by written consent of the parties. The decision shall be based on: (a) the employer’s financial status and prospects; (b) the size and type of the employer’s operations and business; (c) the employees’ cost of living; (d) the employees’ ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and (e) the wages and benefits other employers in the same business provide their employees. L.2025, c.244, s.9.
N.J. Stat. § 34:13A-69 Grounds for decertification of labor organization.
10. Decertification; Cannabis Employees The Division of Private Employment Dispute Settlement shall decertify a labor organization representing cannabis employees if either of the following occur: a. The Division of Civil Rights Department finds that the labor organization engaged in discrimination on any basis listed in the “Law Against Discrimination,” P.L.1945, c.169 (C.10:5-1 et seq.). b. The United States Equal Employment Opportunity Commission finds, pursuant to 42 U.S.C. s.2000e-5, that the labor organization engaged in discrimination on the basis of race, color, national origin, religion, sex, or any other arbitrary or invidious classification in violation of Subchapter VI of Chapter 21 of Title 42 of the United States Code during the period of the labor organization’s present certification. L.2025, c.244, s.10.
N.J. Stat. § 34:13A-70 Prevention of unfair labor practices and refusal to adhere to representative; election and bargaining procedures; judicial review and enforcement.
11. Prevention of Unfair Labor Practices and Refusal to Adhere to Representative, Election, and Bargaining Procedures; Judicial Review and Enforcement a. The Division of Private Employment Dispute Settlement is empowered, as provided in P.L.2025, c.244 (C.34:13A-5.1a et al.), to prevent any person from engaging in any unfair labor practice, as set forth in section 7 of P.L.2025, c.244 (C.34:13A-66), refusal to adhere to representative and election procedures, as set forth in section 8 of P.L.2025, c.244 (C.34:13A-67), or refusal to adhere to bargaining procedures, as set forth in section 9 of P.L.2025, c.244 (C.34:13A-68). The provisions of this section shall be limited to the enforcement of P.L.2025, c.244 (C.34:13A-5.1a et al.). b. Whenever it is charged that any person has engaged in or is engaging in an unfair labor practice, or refusal to adhere to representative, election, and bargaining procedures, the Director of the Division of Private Employment Dispute Settlement, or the director’s designees, shall have power to issue and cause to be served upon that person a complaint stating the charges in that respect, and containing a notice of hearing before the division, at a place therein fixed, not less than five days after the serving of the complaint. Any complaint may be amended by the division in its discretion, at any time prior to the issuance of an order based thereon. The person so complained against shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. In the discretion of the division, any other person may be allowed to intervene in the proceeding and to present testimony. The proceeding shall, so far as practicable, be conducted in accordance with the New Jersey Rules of Evidence. All proceedings shall be appropriately reported. c. The testimony taken by the Division of Private Employment Dispute Settlement shall be reduced to writing and filed with the division. Thereafter, in its discretion, the division, upon notice, may take further testimony or hear argument. If, upon the preponderance of the evidence and testimony taken, the division shall be of the opinion that any person named in the complaint has engaged in or is engaging in an unfair labor practice, the division shall state its findings of fact and shall issue and cause to be served on the person an order requiring the person to cease and desist from the unfair labor practice or refusal to adhere to representative, election, and bargaining procedures, to take affirmative action, including reinstatement of employees with backpay, and making employees whole, when the division deems that relief appropriate, for the loss of pay resulting from the employer’s refusal to bargain, and to provide such other relief as will effectuate the policies of P.L.2025, c.244 (C.34:13A-5.1a et al.). Where an order directs reinstatement of an employee, the order may require the employer or labor organization that is responsible for the discrimination suffered by the employee to pay the employee backpack. The order may further require the person to make reports from time to time showing the extent to which it has complied with the order. If, upon the preponderance of the evidence and testimony taken, the division finds that the person named in the complaint has not engaged in or is not engaging in any unfair labor practice, the division shall state its findings of fact and shall issue an order dismissing the complaint. No order of the division shall require the reinstatement of any individual as an employee who has been suspended or discharged, or the payment to the employee of any backpay, if the individual was suspended or discharged for cause. In case the evidence is presented before the division, the division shall issue and cause to be served on the parties to the proceedings a proposed report, together with a recommended order, which shall be filed with the division, and, if no exceptions are filed within 20 days after service thereof upon the parties, or within a further period as the division may authorize, the recommended order shall become the order of the division and become effective as therein prescribed. If exceptions have been filed and the division issues an order finding that the person named in the complaint has engaged in or is engaging in any unfair labor practice or refusal to adhere to representative, election, and bargaining procedures and directing payment of a monetary remedy, the division shall order further proceedings to determine the specific amount of the monetary remedy or, if the monetary remedy is continuing to accrue, the amount accrued as of the date of the division’s order. In these cases, the division’s order does not become final until the division has issued its determination of the specific amount of the monetary remedy. d. The Division of Private Employment Dispute Settlement may, upon finding reasonable cause to believe that any person has engaged in or is engaging in an unfair labor practice or refusal to adhere to representative, election, and bargaining procedures, petition the superior court in any county wherein the unfair labor practice or refusal to adhere to representative, election, and bargaining procedures in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary relief or restraining order. Upon the filing of the petition, the division shall cause notice thereof to be served upon the person, and thereupon the court shall have jurisdiction to grant to the division such temporary relief or restraining order as the court deems just and proper. e. (1) In addition to any harm resulting directly from an adverse employment action or other allegedly unlawful action, the court shall consider the indirect effect upon protected rights of all employees of the employer in determining whether temporary relief or a restraining order is just and proper. (2) When the alleged unfair labor practice or refusal to adhere to representative, election, and bargaining procedures would interfere with the free choice of employees to choose or not choose an exclusive bargaining representative, appropriate temporary relief or a restraining order shall issue on a showing that reasonable cause exists to believe that the unfair labor practice or refusal to adhere to representative, election, and bargaining procedures has occurred. The order shall remain in effect until an election has been held or for 30 days, whichever occurs first. Thereafter, a preliminary injunction may issue if it is shown to be just and proper. f. Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of section 7 of P.L.2025, c.244 (C.34:13A-66), refusal to adhere to representative and election procedures within the meaning of section 8 of P.L.2025, c.244 (C.34:13A-67), or refusal to adhere to bargaining procedures within the meaning of section 9 of P.L.2025, c.244 (C.34:13A-68), the Division of Private Employment Dispute Settlement is empowered and directed to hear and determine the dispute out of which the unfair labor practice or refusal to adhere to representative, election, and bargaining procedures has arisen, unless within 10 days after notice that the charge has been filed, the parties to the dispute submit to the division satisfactory evidence that they have adjusted, or agreed upon methods for the voluntary adjustment, of the dispute. Upon compliance by the parties to the dispute with the decision of the division or upon the voluntary adjustment of the dispute, the charge shall be dismissed. g. (1) Any person aggrieved by the final order of the Division of Private Employment Dispute Settlement granting or denying in whole or in part the relief sought may obtain a review of the order in the court of appeal having jurisdiction over the county wherein the unfair labor practice or refusal to adhere to representative, election, and bargaining procedures in question was alleged to have been engaged in, or wherein the person resides or transacts business, by filing in the court a written petition requesting that the order of the division be modified or set aside. The petition shall be filed with the court within 30 days from the date of the issuance of the division’s order. Upon the filing of the petition, the court shall cause notice to be served upon the division and thereupon shall have jurisdiction of the proceeding. The division shall file in the court the record of the proceeding, certified by the division, within 10 days after the clerk’s notice unless the time is extended by the court for good cause shown. The court shall have jurisdiction to grant to the division a temporary relief or restraining order it deems just and proper and in like manner to make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part, the order of the division. The findings of the division with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall in like manner be conclusive. (2) An order directing an election shall not be stayed pending review, but the order may be reviewed as in accordance with this subsection. (3) If the time for review of the division’s order has lapsed, and the person has not voluntarily complied with the division’s order, the division may apply to the superior court in any county in which the unfair labor practice or refusal to adhere to representative, election, and bargaining procedures has occurred or wherein the person resides or transacts business for enforcement of its order. If after hearing, the court determines that the order was issued pursuant to procedures established by the division and that the person refuses to comply with the order, the court shall enforce the order by writ of injunction or other proper process. The court shall not review the merits of the order. h. (1) Any employer who commits an unfair labor practice or refusal to adhere to representative, election, and bargaining procedures, in addition to any remedy ordered by the division, shall be subject to a civil penalty in an amount not to exceed $10,000 for each violation. (2) In cases involving violations of paragraphs (2) or (3) of subsection a. of section 7, or involving any violation of section 7 that results in the discharge of an employee or other serious economic harm to an employee, the division shall double the amount of the penalty to an amount not to exceed $20,000. i. In determining the amount of any civil penalty to be imposed under this section, the Division of Private Employment Dispute Settlement shall consider the following: (1) The gravity of the unfair labor practice or refusal to adhere to representative, election, and bargaining procedures. (2) The impact of the unfair labor practice or refusal to adhere to representative, election, and bargaining procedures on the charging party, on other persons seeking to exercise rights guaranteed by P.L.2025, c.244 (C.34:13A-5.1a et al.), and on the public interest. (3) The financial circumstances of the employer. j. If the Division of Private Employment Dispute Settlement determines, based on the particular facts and circumstances of a case, that imposing personal liability on a director or officer of an employer, a civil penalty pursuant to this section may also be assessed against a director or officer of the employer who directed or committed the violation, had established a policy that led to the violation, or had actual or constructive knowledge of, and the authority to prevent, the violation and failed to do so. L.2025, c.244, s.11.
N.J. Stat. § 34:13A-71 Access to employees, employee information.
12. a. If an employee organization seeking to be a majority representative of cannabis employees employed by a cannabis employer petitions the division to require the employer to provide a list of the current employees with contact information pursuant to section 5 of P.L.1968, c.303 (C.34:13A-5.1), the employer shall, along with providing the list and contact information, provide the employee organization access to the employees. b. A cannabis employer shall permit any employee organization which is a majority representative of employees of the employer: (1) to access the employer’s premises to investigate and discuss with the employees grievances, workplace-related complaints, and other workplace issues; (2) to conduct worksite meetings during non-work breaks, and before and after the workday, to discuss workplace issues, collective negotiations, the administration of collective negotiations agreements, other matters related to the governance, business, and duties of the employee organization; and (3) to meet with a newly hired employee within five days after hire, without charge to the pay or leave time of the employee. c. A cannabis employer shall provide the majority representative with timely notification of any new hiring by the employer or change in the contact information of current employees. d. A cannabis employer shall carry out payroll deductions of membership dues for the majority representative, and payroll deductions for representation fees from non-members, as agreed to in negotiations between the employer and the majority representative, or, if an agreement is not reached, as set by the division. e. A cannabis employer shall not discourage an employee from joining, forming, or assisting an employee organization, or encourage employees to resign or relinquish membership in an employee organization, or revoke authorization of the deduction of dues or fees to an employee organization. f. A cannabis employer who violates any provision of this section shall be regarded as having engaged in an unfair practice in violation of section 7 of P.L.2025, c.244 (C.34:13A-66), and, upon a finding that the violation has occurred, the division, in addition to implementing any other remedies authorized by that section, shall order the cannabis employer to make whole the employee organization for any losses suffered by the organization as a result of the violation. L.2025, c.244, s.12.
N.J. Stat. § 34:13A-72 Publicity, advising the public.
13. Notwithstanding any law to the contrary, an organization representing cannabis employees, and its members, representatives, and supporters, shall have the right to engage in publicity, including picketing, for the purpose of truthfully advising the public, including consumers, that products or the ingredients of products are produced by a cannabis employer with which the organization has a dispute, including publicity which has the effect of requesting the public to cease patronizing businesses which distribute or sell those products. Nothing in P.L.2025, c.244 (C.34:13A-5.1a et al.) shall be construed so as to interfere with or impede or diminish in any way the right of employees of private employers to strike or engage in other concerted actions. L.2025, c.244, s.13.
N.J. Stat. § 34:13A-73 Adoption of rules and regulations, New Jersey State Board of Mediation.
14. The New Jersey State Board of Mediation, in consultation with the Division of Private Employment Dispute Settlement, may adopt rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purpose of P.L.2025, c.244 (C.34:13A-5.1a et al.). L.2025, c.244, s.14.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026