Bill Text: NJ S3055 | 2014-2015 | Regular Session | Introduced
Bill Title: Increases number of arbitrators on panel determining contested cases involving tenured employees in school districts and gives Commissioner of Education discretion on setting fees.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-06-29 - Substituted by A4608 [S3055 Detail]
Download: New_Jersey-2014-S3055-Introduced.html
Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex)
SYNOPSIS
Increases number of arbitrators on panel determining contested cases involving tenured employees in school districts and gives Commissioner of Education discretion on setting fees.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain arbitrators and amending P.L.2012, c.26.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 22 of P.L.2012, c.26 (C.18A:6-17.1) is amended to read as follows:
22. a. The Commissioner of Education shall maintain a panel of [25] 50 permanent arbitrators to hear matters pursuant to N.J.S.18A:6-16. Of the [25] 50 arbitrators, [eight] 16 arbitrators shall be designated by the New Jersey Education Association, [three] six arbitrators shall be designated by the American Federation of Teachers, [nine] 18 arbitrators shall be designated by the New Jersey School Boards Association, and [five] 10 arbitrators shall be designated by the New Jersey Principals and Supervisors Association. The commissioner shall inform the appropriate designating entity when a vacancy exists. If the appropriate entity does not designate an arbitrator within 30 days, the commissioner shall designate an arbitrator to fill that vacancy.
All arbitrators designated pursuant to this section shall serve on the American Arbitration Association panel of labor arbitrators and shall be members of the National Academy of Arbitrators. The arbitrators shall have knowledge and experience in the school employment sector. Arbitrators on the permanent panel shall be assigned by the commissioner randomly to hear cases.
b. The following provisions shall apply to a hearing conducted by an arbitrator pursuant to N.J.S.18A:6-16, except as otherwise provided pursuant to P.L.2012, c.26 (C.18A:6-117 et al.):
(1) The hearing shall be held before the arbitrator within 45 days of the assignment of the arbitrator to the case;
(2) The arbitrator shall receive no [more] less than $1250 per day [and no more than $7500 per case] , or such amount as established at the discretion of the Commissioner of Education, who shall consider the average per diem rate of arbitrators eligible to serve on the panel who reside in New Jersey, New York, and Pennsylvania. The costs and expenses of the arbitrator shall be borne by the State of New Jersey;
(3) Upon referral of the case for arbitration, the employing board of education shall provide all evidence including, but not limited to, documents, electronic evidence, statements of witnesses, and a list of witnesses with a complete summary of their testimony, to the employee or the employee's representative. The employing board of education shall be precluded from presenting any additional evidence at the hearing, except for purposes of impeachment of witnesses. At least 10 days prior to the hearing, the employee shall provide all evidence upon which he will rely including, but not limited to, documents, electronic evidence, statements of witnesses, and a list of witnesses with a complete summary of their testimony, to the employing board of education or its representative. The employee shall be precluded from presenting any additional evidence at the hearing except for purposes of impeachment of witnesses.
Discovery shall not include depositions, and interrogatories shall be limited to 25 without subparts.
c. The arbitrator shall determine the case under the American Arbitration Association labor arbitration rules. In the event of a conflict between the American Arbitration Association labor arbitration rules and the procedures established pursuant to this section, the procedures established pursuant to this section shall govern.
d. Notwithstanding the provisions of N.J.S.18A:6-25 or any other section of law to the contrary, the arbitrator shall render a written decision within 45 days of the start of the hearing.
e. The arbitrator's determination shall be final and binding and may not be appealable to the commissioner or the State Board of Education. The determination shall be subject to judicial review and enforcement as provided pursuant to N.J.S.2A:24-7 through N.J.S.2A:24-10.
f. Timelines set forth herein shall be strictly followed; the arbitrator or any involved party shall inform the commissioner of any timeline that is not adhered to.
g. An arbitrator may not extend the timeline of holding a hearing beyond 45 days of the assignment of the arbitrator to the case without approval from the commissioner. An arbitrator may not extend the timeline for rendering a written decision within 45 days of the start of the hearing without approval from the commissioner. Extension requests shall occur before the 41 day of the respective timelines set forth herein. The commissioner shall approve or disapprove extension requests within five days of receipt.
h. The commissioner may remove any arbitrator from an arbitration case or an arbitration panel if an arbitrator does not adhere to the timelines set forth herein without approval from the commissioner. If the commissioner removes an arbitrator from an arbitration case, the commissioner shall refer the case to a new arbitrator within five days. The newly-assigned arbitrator shall convene a new hearing and then render a written decision within 45 days of being referred the case.
(cf: P.L.2012, c.26, s.22)
2. This act shall take effect immediately.
STATEMENT
The "Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act," P.L.2012, c.26 (C.18A:6-117 et al.), established binding arbitration for contested cases involving the dismissal or reduction in compensation of tenured employees in school districts. TEACHNJ required the Commissioner of Education to maintain a panel of arbitrators to hear the cases. This bill will increase the number of arbitrators on the panel from 25 to 50. The New Jersey Education Association, the American Federation of Teachers, the New Jersey School Boards Association, and the New Jersey Principals and Supervisors Association designate arbitrators to the panel under TEACHNJ. This bill will double the number of arbitrators designated by each entity.
The bill also alters the fee provision for the arbitrators. Under TEACHNJ, arbitrators could receive no more than $1,250 per day and no more than $7,500 per case. The bill provides that arbitrators will receive no less than $1,250 per day and eliminates the per case amount limitation. The bill also gives the Commissioner of Education the discretion to establish the amount to be received by the arbitrators. In doing so, the bill requires the commissioner to consider the average per diem rate of arbitrators eligible to serve on the panel who reside in New Jersey, New York, and Pennsylvania.
