N.J. Admin. Code § 19:11-1.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 19:11-1.5 - Petition for clarification of unit

(a) The exclusive representative or the public employer may file a petition for clarification of unit.

(b) A petition for clarification of unit shall contain:

1. A description of the present negotiations unit and the date of the certification or recognition, if known;

2. A description of the proposed clarification of the unit;

3. A statement by petitioner listing and explaining fully the reasons for the proposed clarification. The reasons may include:

i. Changed circumstances;

ii. Creation of a new position or title;

iii. Dispute over a title in a newly certified/recognized negotiations unit;

iv. New operation or facility;

v. Statutory exclusions;

vi. A dispute concerning the addition to a certified or recognized unit for collective negotiations of employees who perform negotiations unit work; and

vii. Any other reasons why the petition is appropriate; and

4. The information required by paragraphs (a)1, and (a)4 through (a)8 of N.J.A.C. 19:11-1.2.

(c) A petition for clarification of unit filed pursuant to (b)3vi above shall:

1. Not seek the addition of any employees of the same public employer who are included in an existing unit for collective negotiations;

2. Identify the positions/titles the petitioner seeks to include in an existing negotiations unit, along with a statement explaining fully the reasons for the proposed inclusion.

i. The reasons for the inclusion of the positions/titles identified in the petition shall include a description of the negotiations unit work the petitioner alleges the employees in the disputed positions/titles perform, and an explanation of why that work is negotiations unit work.

ii. Along with the petition, the petitioner shall provide a copy of the most recent collective negotiations agreement between the petitioner and the employer and any documents upon which petitioner relies in support of its petition.

(d) Upon the filing of any petition pursuant to (b)3vi above, the Director of Representation shall investigate the petition to determine the facts. The Director shall issue a written request to the employer for relevant information, which shall be supplied to the Director and the petitioner within 10 calendar days of receipt of the request.

(e) The petition filed pursuant to (b)3vi above shall be resolved within 60 calendar days after such petition is filed with the Commission.

N.J. Admin. Code § 19:11-1.5

Amended by 52 N.J.R. 201(a), effective 2/18/2020