The Commission deems it in the interests of the public to maintain an arbitration panel whose members are available to assist in the arbitration of unresolved labor relations grievances. Arbitration of such disputes is governed by N.J.S.A. 2A:24-1 et seq., not N.J.S.A. 2A:23B-1 et seq., the statute applicable to arbitration of non-labor disputes. The availability of the Commission's arbitration service is intended to comply with the requirement of N.J.S.A. 2A:24-5 that the method for naming or appointing an arbitrator provided in the parties' agreement shall be followed. Accordingly, the release of a panel of arbitrators is predicated solely upon a prima facie showing of the parties' intention to utilize the Commission's arbitration service. Parties are referred to the judicial proceedings available under N.J.S.A. 2A:24-3 and N.J.S.A. 2A:24-5 in the event of a dispute regarding arbitrability or the method for naming or appointing an arbitrator. The Commission is not a necessary party to judicial proceedings relating to the arbitration under N.J.S.A. 2A:24-3 or N.J.S.A. 2A:24-5, but shall, upon the written request of a party, furnish to such party at the party's expense, photostatic copies of any papers in the Commission's possession that may be required in any such judicial proceedings.
N.J. Admin. Code § 19:12-5.1
See: 28 New Jersey Register 2797(a), 28 New Jersey Register 3813(a).
Amended by R.2006 d.285, effective 8/7/2006.
See: 38 N.J.R. 1559(a), 38 N.J.R. 3184(a).
In the first sentence, inserted "labor relations"; inserted the second sentence; and in the third sentence, substituted "the Commission's arbitration" for "this".