NJ State AFL-CIO Proposed Rules Receive Final Approval from PERC

At yesterday’s Public Employee Relations Commission (PERC) meeting, the commission gave final approval to two new rules initiated by the New Jersey State AFL-CIO. Working in conjunction with our public employee affiliated unions, this process took over a year to achieve. We thank the PERC Commissioners that voted in favor of these rules.

The first rule (Proposed Amendment to N.J.A.C. 19:14-2.1 a ) requires the Director of Unfair Practices to issue a determination on whether or not to issue a complaint and notice of a hearing within 180 days after an unfair practice charge has been filed.

Prior to this, there was no deadline governing unfair practices. This new rule will stop the frustrating practice in which determinations sometimes take years to file and then be decided. This amendment would require the Director to make a complaint issuance determination in a timely manner.

The second (Proposed Amendment to N.J.A.C. 19:11-1.5) is a new rule that will track the current law that requires public employers to provide contact information about union members and non-represented employees to the union. The amendment clarifies which entities are not covered by the statutory requirement to do this and will assist in organizing.

Furthermore, it permits the public employer to file a clarification of unit petition following notice to the union and it makes clear that the Director’s determination shall be made based on sufficient, competent evidence in the record. This ensures that workers can’t be removed from a unit as supervisors without union consent or a PERC decision.

Thank you again to all the affiliates that participated in passing these new regulations.

In Solidarity,