Title 34, Title 34: LABOR AND WORKMEN'S COMPENSATION

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.

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 …

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,…

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.

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 c…

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 co…

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 rele…

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 commi…

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 c…

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 p…

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.

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 surve…

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 …

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 a…

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…

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 m…

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 governmenta…

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 pub…

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 st…

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…

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 su…

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 n…

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 employ…

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.

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 provi…

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 pre…

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 …

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 respec…

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…

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 offic…

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.

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 comm…

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 requi…

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 a…

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 …

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.

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 prepare…

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 wi…

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.

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 Gov…

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 …

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 connectio…

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 assis…

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…

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…

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 …