New Jersey § 34:13a-5

§ 34:13a-5.

a. Public employers, their representatives or agents are prohibited from: (1) Interfering with, restraining or coercing employees in the exercise of the rights

guaranteed to them by this act. (2) Dominating or interfering with the formation, existence or administration of any

employee organization. (3) Discriminating in regard to hire or tenure of employment or any term or condition

of employment to encourage or discourage employees in the exercise of the rights guaranteed

to them by this act. (4) Discharging or otherwise discriminating against any employee because he has signed

or filed an affidavit, petition or complaint or given any information or testimony

under this act. (5) Refusing to negotiate in good faith with a majority representative of employees

in an appropriate unit concerning terms and conditions of employment of employees

in that unit, or refusing to process grievances presented by the majority representative. (6) Refusing to reduce a negotiated agreement to writing and to sign such agreement. (7) Violating any of the rules and regulations established by the commission. b. Employee organizations, their representatives or agents are prohibited from: (1) Interfering with, restraining or coercing employees in the exercise of the rights

guaranteed to them by this act. (2) Interfering with, restraining or coercing a public employer in the selection of

his representative for the purposes of negotiations or the adjustment of grievances. (3) Refusing to negotiate in good faith with a public employer, if they are the majority

representative of employees in an appropriate unit concerning terms and conditions

of employment of employees in that unit. (4) Refusing to reduce a negotiated agreement to writing and to sign such agreement. (5) Violating any of the rules and regulations established by the commission. c. The commission shall have exclusive power as hereinafter provided to prevent anyone

from engaging in any unfair practice listed in subsections a. and b. above. Whenever it is charged that anyone has engaged or is engaging in any such unfair

practice, the commission, or any designated agent thereof, shall have authority to

issue and cause to be served upon such party a complaint stating the specific unfair

practice charged and including a notice of hearing containing the date and place of

hearing before the commission or any designated agent thereof; provided that no complaint

shall issue based upon any unfair practice occurring more than six months prior to

the filing of the charge unless the person aggrieved thereby was prevented from filing

such charge in which event the six-month period shall be computed from the day he

was no longer so prevented. In any such proceeding, the provisions of the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ) shall be applicable. Evidence shall be taken at the hearing and filed with the commission. If, upon all the evidence taken, the commission shall determine that any party charged

has engaged or is engaging in any such unfair practice, the commission shall state

its findings of fact and conclusions of law and issue and cause to be served on such

party an order requiring such party to cease and desist from such unfair practice,

and to take such reasonable affirmative action as will effectuate the policies of

this act. All cases in which a complaint and notice of hearing on a charge is actually issued

by the commission, shall be prosecuted before the commission or its agent, or both,

by the representative of the employee organization or party filing the charge or his

authorized representative. d. The commission shall at all times have the power and duty, upon the request of

any public employer or majority representative, to make a determination as to whether

a matter in dispute is within the scope of collective negotiations. The commission shall serve the parties with its findings of fact and conclusions

of law. Any determination made by the commission pursuant to this subsection may be appealed

to the Appellate Division of the Superior Court. e. The commission shall adopt such rules as may be required to regulate the conduct

of representation elections, and to regulate the time of commencement of negotiations

and of institution of impasse procedures so that there will be full opportunity for

negotiations and the resolution of impasses prior to required budget submission dates. f. The commission or any interested party shall have the power to apply to the Superior Court , Law Division, for an appropriate order enforcing any order of the commission issued under subsection

c. or d. hereof, and its findings of fact, if based upon substantial evidence on the

record as a whole, shall not, in such action, be set aside or modified; any order

for remedial or affirmative action, if reasonably designed to effectuate the purposes

of this act, shall be affirmed and enforced in such proceeding. g. The Director of the Division of Local Government Services in the Department of

Community Affairs may notify the commission that a municipality deemed a “municipality

in need of stabilization and recovery” pursuant to section 4 of P.L.2016, c. 4 ( C.52:27BBBB-4 ) shall not be subject to the commission's authority to prevent an unfair practice

pursuant to subsection a. of this section. Upon such notice, neither the commission, nor any designee, shall have the authority

to issue or cause to be served upon such municipality in need of stabilization and

recovery any complaint alleging an unfair practice under subsection a. of this section

or to hold any hearings with respect thereto. Nothing in this subsection shall be construed to limit the scope of any general

or specific powers of the Local Finance Board or the Director set forth in P.L.2016,

c. 4 ( C.52:27BBBB-1 et al.). The provisions of this subsection shall no longer be applicable on and after the first

day of the sixth year next following the determination by the Commissioner of Community

Affairs that the municipality shall be deemed “a municipality in need of stabilization

and recovery” pursuant to section 4 of P.L.2016, c. 4 ( C.52:27BBBB-4 ); however, actions taken pursuant to this subsection prior to the effective date

of P.L.2021, c. 124 ( C.52:27BBBB-4 et al.) 1 shall be final and shall not be subject to reconsideration. 1

L.2021, c. 124, eff. June 24, 2021.