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

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 …

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 exi…

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.

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 t…

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.1…

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 la…

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 …

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 Br…

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.

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 furthe…

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 individua…

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 n…

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 …

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…

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 requ…

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, an…

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 a…

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, …

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 guarante…

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 concern…

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 represen…

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 w…

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 successi…

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.

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 emplo…

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 …

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 …

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.…

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 …

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, …

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.

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…

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 …

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 colle…

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, mus…