ASSEMBLY, No. 2900

STATE OF NEW JERSEY

INTRODUCED MAY 5, 1997

By Assemblyman GUSCIORA and Assemblywoman TURNER

An Act concerning certain State employee disciplinary matters and supplementing Title 11A of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Notwithstanding the provisions of any other law to the contrary, a State employee who files an appeal with the Merit System Board concerning a decision of the employee's appointing authority in any major disciplinary matter shall have the option of requesting that the matter be submitted to arbitration in accordance with the Rules governing selection of an arbitrator issued by the Public Employment Relations Commission instead of being heard directly by the Merit System Board or referred to the Office of Administrative Law for a hearing before an Administrative Law Judge. In the event the employee is represented by a majority representative, only the majority representative may appeal the matter to arbitration. In the event the employee is represented by a majority representative, and the employee wants to pursue the matter to arbitration, a request shall be made to the employee's majority representative to pursue the matter to arbitration. If the majority representative agrees to pursue the matter to arbitration, the majority representative shall file a notice of intent to arbitrate with the Public Employment Relations Commission within twenty days of the employee receiving the final notice of discipline. If the majority representative does not pursue the matter to arbitration, the employee shall continue to have the right to file an appeal with the Merit System Board. In the event an appeal is filed with both agencies, the employee shall make the final determination as to choice of forum. The decision of the arbitrator shall be final and binding on the parties and the Merit System Board.

    2.    This act shall take effect immediately.

STATEMENT

    This bill provides that a State employee who files an appeal with the Merit System Board concerning a decision of the employee's appointing authority in any disciplinary matter shall have the option of requesting that the matter be submitted to arbitration instead of being heard directly by the Merit System Board or referred to the Office of Administrative Law for a hearing before an Administrative Law Judge. If an employee is represented by a majority representative, only the majority representative, at the request of the employee, could appeal the matter to arbitration. If the majority representative agrees to pursue the matter to arbitration, the majority representative would file a notice of intent to arbitrate with the Public Employment Relations Commission within twenty days of the employee receiving the final notice of discipline. If the majority representative does not pursue the matter to arbitration, the employee would continue to have the right to file an appeal with the Merit System Board. In the event an appeal is filed with both agencies, the employee may make the final determination as to choice of forum. A decision of the arbitrator would be final and binding on the parties and the Merit System Board. It is the bill's purpose to save time and money for the State and its employees by streamlining and expediting the hearing of disciplinary matters.

Allows certain State employee disciplinary matters to be submitted to binding arbitration.