N.J. Admin. Code § 19:14-9.2

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

Section 19:14-9.2 - When to file; form and contents; insufficient pleadings; processing of interim relief applications

(a) Upon or after the filing of an unfair practice charge or a petition for scope of negotiations determination, the charging party or petitioner may apply to the Chair for an order requiring the respondent to show cause why specified interim relief should not be granted pending the final disposition of the proceeding by the Commission.

(b) The application for interim relief shall include an order to show cause, shall state the relief sought, and shall be supported by an affidavit or verified charge or petition if it relies on facts not already in the record.

(c) The Commission Chair or such other person designated by the Commission Chair shall review the interim relief application and any accompanying documents and may deny the application, if there is insufficient basis in the pleadings to meet the standards for granting interim relief.

(d) Where the pleadings are sufficient to warrant further processing of the application, the Commission Chair or the designee may direct one or more of the following:

1. Issue an order requiring the respondent to file a response to the application;

2. Schedule a pre-hearing conference;

3. Execute the order to show cause, which shall be returnable at such time and place as the Commission Chair or the Designee shall fix in the order, except that the order to show cause shall not include any temporary restraints unless permitted by, and pursuant to, (f) and (g) below;

4. Issue a determination based on the pleadings and any written response; and/or

5. Take, or direct the parties to take, any other action deemed necessary to process the application.

(e) The charging party shall serve the application, order to show cause, and any supporting affidavits upon the respondents at least 10 days before the return date and in a manner prescribed by N.J.A.C. 19:10-2.3, Filing by original, facsimile transmission and e-mail, unless the Commission Chair or the designee orders a shorter or longer time or other manner of service. If an order to show cause issues upon the filing of the charge or petition, a copy of such charge or petition shall be served simultaneously with the order and supporting affidavits.

(f) An order to show cause shall not include any temporary restraints unless:

1. The respondent has been notified of and consents to the application; or

2. It appears from the specific facts shown by affidavit or other verified pleading that the charging party or petitioner has a substantial likelihood of success on the merits and that the charging party or petitioner will probably suffer immediate and irreparable harm before notice can be given and a hearing on the application can be held.

(g) Any order to show cause issued without notice which includes temporary restraints shall provide that the respondents may move for dissolution or modification of the restraints on two days' notice or on such other notice as may be ordered. The order to show cause may provide that the restraints shall continue until further order of the Commission, the Commission Chair, or the designee.

N.J. Admin. Code § 19:14-9.2

Amended by 49 N.J.R. 3546(a), effective 11/6/2017