N.J. Admin. Code § 19:19-1.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 19:19-1.1 - Nature of proceedings

(a)34:13A-5.5 requires negotiations over the subject of requiring employees in a negotiations unit who are not members of their majority representative to pay a representation fee in lieu of dues to their majority representative. As amended by P.L. 2002, c. 46, effective August 1, 2002, that section permits the majority representative to petition the Commission to conduct an investigation if no agreement for representation fees in lieu of dues by payroll deduction is reached during negotiations. If the Commission determines that a majority of the negotiations unit employees are voluntary dues paying members of the majority representative and that the majority representative maintains a demand and return system as required by 34:13A-5.5(c) and 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 negotiations unit employees who are not members of the majority representative.

(b) These procedures are intended to avoid protracted administrative litigation. Proceedings seeking payroll deductions of representation fees will normally lend themselves to expeditious disposition on the basis of the parties' submissions, which these procedures are intended to accommodate.