The Public Employment Relations Commission published three notices on October 20. The Commission proposed the readoption of N.J.A.C. 19:11 with amendments on January 21. The public comments received on the initial notice of proposed readoption with amendments prompted the Commission to propose several substantial changes to the amendments on July 7, 2025. In light of the comments received, the Commission determined that no changes are necessary to the proposed substantial changes. 

Amendments to N.J.A.C. 19:11-1.5 include the following:  

• Petition for clarification of unit 
  1. Pursuant to N.J.S.A. 34:13A-5.13.c, public employers shall provide exclusive representatives with the requisite contact information for all unit employees within 10 days of their date of hire and every 120 days. Pursuant to N.J.S.A. 34:13A-5.15.c, public employers shall provide exclusive representatives with the requisite contact information for all non-represented employees every 120 days and, within 30 days of a request by the exclusive representative, shall provide a job description for each non-represented employee. Pursuant to N.J.S.A. 34:13A-60.1, the disclosure requirements pursuant to N.J.S.A. 34:13A-5.15.c shall not apply to the following excluded entities: the several counties and municipalities (and their authorities, commissions, boards, or other instrumentalities); State colleges and universities (including Kean University, Montclair State University, and Rowan University); county colleges; Rutgers, the State University of New Jersey; and the New Jersey Institute of Technology. 
  2. If a public employer believes that an employee in a non-supervisory negotiations unit is a supervisor within the meaning of the Act, the public employer shall provide written notice to the majority representative and seek the majority representative's consent to the supervisory exclusion. The public employer may file a clarification of unit petition pursuant to (c)3v above (statutory exclusions) at any time following such written notice. The petitioned-for employee shall remain in the negotiations unit unless and until either the majority representative consents to the exclusion or the Director of Representation makes a clarification of unit determination to exclude them. Failure to comply with this subsection prior to removing an employee from a unit based on alleged supervisory status shall constitute an unfair practice pursuant to N.J.S.A. 34A:13A-5.4. a (7). 
  3. A party asserting that an employee should be excluded or remain excluded from a negotiations unit pursuant to (c)3v above (statutory exclusions) because they are a confidential employee, managerial executive, or supervisor within the meaning of the Act, bears the burden of establishing such claim. All clarification of unit determinations made by the Director, whether to include employees in or exclude employees from a negotiations unit, shall be based on sufficient, competent evidence in the record. 

On October 20, the Commission also published notice of its readoption of N.J.A.C. 19:13 regarding the Scope of Negotiations Proceedings after no comments were received in response to its September 25 proposed readoption.  

The third publication from the Commission in the October 20 NJ register at provided notice of the agency’s adoption of a proposed amendment at N.J.A.C. 19:14-2.1. The amendment originally proposed on July 7 modifies the unfair practice charge procedures to require that the Director of Unfair Practices determine whether to issue a complaint and notice of hearing on an unfair practice charge within 180 days of its filing, such deadline being subject to extension by mutual consent of the parties. After receiving one comment in support of the amendment, the Commission determined that no changes are necessary to the proposed amendment.  

The amendment to N.J.AC. 19:14-2.1 (a) includes the following:  

• Contents; service 
  1. Within 180 days after a charge has been filed, if it appears to the Director of Unfair Practices that the allegations of the charge, if true, may constitute unfair practices on the part of the respondent, and that formal proceedings should be instituted in order to afford the parties an opportunity to litigate relevant legal and factual issues, the Director shall issue and serve a formal complaint, including a notice of hearing before a hearing examiner at a stated time and place. The 180-day period for determining whether to issue a complaint may be extended by mutual consent of the parties. The complaint with notice of hearing shall include: 

     1.-3. (No change.) 

Contact: Sadayah Q. DuRant-Brown, Legislative Counsel, sdurantbrown@njlm.org, 609-695-3481, x137.