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Public Employment Relations Commission

FAQs

PERC And Its Jurisdiction

What is PERC

The Public Employment Relations Commission (PERC or Commission) is a State administrative agency. It is charged with administering the New Jersey Employer-Employee Relations Act. The agency deals with certain labor relations issues involving public employers, public employees, and unions that represent public employees. Such issues include representation matters, the scope of negotiations, unfair practices, mediation, fact-finding and arbitration.

Am I covered by PERC’s jurisdiction

PERC’s jurisdiction is limited to certain public sector employees. Private sector employees, such as those employed by private hospitals, factories, or corporations, are governed by the National Labor Relations Act. Alleged violations of the National Labor Relations Act must be filed with the National Labor Relations Board, the federal agency charged with enforcing private sector labor relations. 1-866-667-NLRB (1-866-667-6572) or http://www.nlrb.gov

What public sector employees are covered by the PERC statute

PERC has jurisdiction over the following types of public employers: The State of New Jersey, counties, municipalities, local public school districts and charter schools, public colleges and universities, and autonomous agencies, authorities, boards and commissions.

Does PERC’s jurisdiction extend to employees of New Jersey Transit or any bi-state agencies

PERC has jurisdiction over New Jersey Transit bus and light rail operations and New Jersey Transit police. It does not have jurisdiction over New Jersey Transit Rail or any bi-state agencies. You may wish to contact them for further information: New Jersey Transit Rail http://www.njtransit.com, The Port Authority of New York and New Jersey http://www.panynj.gov, The Waterfront Commission of New York Harbor http://www.waterfrontcommission.org, The Delaware River Port Authority of Pennsylvania and New Jersey http://www.drpa.org, The Delaware River and Bay Authority http://www.drba.net, The Delaware River Joint Toll Bridge Commission http://www.drjtbc.org.

Does PERC investigate allegations of race, gender, sexual orientation or religious discrimination

No. PERC has no jurisdiction to enforce statutes regarding discrimination based on gender, sexual orientation, race, or religion. Allegations such as these are considered by the New Jersey Division on Civil Rights (609) 292-4605 or http://www.state.nj.us/lps/dcr and/or the federal Equal Employment Opportunity Commission 1-800-669-4000 or http://www.eeoc.gov. Such claims may also be the subject of a State or federal lawsuit.

What types of allegations does PERC review

The PERC statute does not prohibit all acts of perceived unfairness or discrimination against covered employees; rather, PERC's jurisdiction is limited to resolving claims of unfair practices. For example, PERC has jurisdiction to consider claims by an employee organization that the employer has failed or refused to negotiate in good faith or has interfered with employee organization rights granted by the statute. Also, an individual employee may file an unfair practice charge alleging that the employer or the employee organization representing him or her has discriminated against the employee in retaliation for protected activity under the Act, or has interfered with rights guaranteed by the Act. An employer may also file a charge against a union, alleging, for example, that the union failed to negotiate in good faith.

What is the obligation to negotiate in good faith

The PERC statute requires that proposed new rules or modifications of existing rules governing working conditions be negotiated before they are established. During negotiations, neither party is required to agree to a proposal of the other. But there must be a willingness to negotiate the issues with an open mind and a sincere desire to reach an agreement.

What is the duty of fair representation

When an employee organization is selected to represent employees in a negotiations unit, it becomes the majority representative of all employees, including those who have declined to become members of that organization. It is obligated to represent all employees in the negotiations unit fairly in negotiations and contract administration. A breach of the duty of fair representation occurs when a majority representative’s conduct toward a negotiations unit member is arbitrary, discriminatory or in bad faith. An employee may file an unfair practice charge with PERC or a lawsuit in court alleging that a majority representative has breached theduty of fair representation.

Should I contact PERC if I need help with a pension or benefits problem

No. Generally, public employees needing help with pension or benefits issues should contact the New Jersey Division of Pension and Benefits (609) 292-7524 or http://www.state.nj.us/treasury/pensions.

Should I contact PERC if I am having a problem with pay or overtime issues

If you work for a private employer and are having problems with your employer regarding payment of wages, overtime issues, holiday pay or other pay issues, you may contact the New Jersey Department of Labor & Workforce Development - Division of Wage and Hour Compliance. http://www.state.nj.us/labor/lsse/lsgenfaq.html. If you work for a public employer, you may contact the Federal Wage and Hour Division. https://www.dol.gov/agencies/whd. Some pay and overtime issues are set by a union contract. If you work in a job that is represented by a union, you may want to first bring your problem to the attention of the union.

May I bypass PERC and allege a violation of the PERC statute in State or federal court

Generally no. The PERC statute expressly grants PERC exclusive jurisdiction over unfair practice charges and their remedies. As such, a determination as to whether a charge is justified is normally a matter within PERC’s exclusive jurisdiction.

PERC Authority

Does PERC enforce collective negotiations agreements?

No. PERC does not enforce agreements between employers and unions and will not issue a complaint on any charge alleging a mere breach of such an agreement. Contracts are generally enforced through negotiated grievance procedures. A repudiation of a contract may constitute an unfair practice and, in those cases, a complaint may issue.

How does PERC remedy or correct violations of the PERC statute?

PERC has broad discretion to take action and issue orders as necessary to effectuate the purposes and policies of the statute it administers. Such remedies may include orders for back pay, orders for reinstatement of employees terminated for union activity, removal of disciplinary materials from personnel files, cessation of dues deductions, and disclosure of relevant information. Additionally, PERC is authorized to seek court enforcement of any of its subpoenas, rulings, orders or decisions. However, PERC has no specific statutory authority to grant punitive damages.

Does PERC award attorney’s fees?

Does PERC enforce grievance arbitration awards?

No. PERC does not have the authority to enforce grievance arbitration awards. However, it may be an unfair practice for an employer to refuse to comply with an arbitration award. Under certain circumstances, PERC has discretionary jurisdiction to review a settlement or arbitration award solely for the purpose of determining whether to defer to its ruling rather than decide a related issue in an unfair practice proceeding.

What role does PERC have in deciding whether I belong to a union?

PERC has the authority to determine the composition of negotiations units, to conduct an election if necessary to determine the will of the majority of unit employees, and, if an employee organization is chosen, to certify it as the exclusive representative of employees in the unit.

What New Jersey public employees can form or belong to a union?

A public employee is any person employed by a public employer except elected officials, members of boards or commissions, managerial executives, and confidential employees.

What are managerial executives?

In the case of the State of New Jersey, managerial executives are persons who formulate management policies and practices, but not persons who are charged with the responsibility of directing the effectuation of such management policies and practices, except that in the case of the Executive Branch of the State of New Jersey, “managerial executive” includes only personnel at or above the level of assistant commissioner. In the case of any public employer other than the State of New Jersey, managerial executives are persons who formulate management policies and practices, and persons who are charged with the responsibility of directing the effectuation of such management policies and practices, except in any school district this term shall include only the superintendent or other chief administrator, and the assistant superintendent of the district.

What are confidential employees?

Confidential employees include employees whose functional responsibilities or knowledge in connection with the issues involved in the collective negotiations process would make their membership in any appropriate negotiating unit incompatible with their official duties. Confidential employees of the State of New Jersey are employees who have direct involvement in representing the State in the collective negotiations process making their membership in any appropriate negotiating unit incompatible with their official duties.

Can supervisors join a union?

Supervisors - employees with the power to hire, discharge, discipline, or to effectively recommend those actions - may form or join a union. However, except in some cases involving mixed units of supervisors and non-supervisors that existed before the passage of the PERC Act in 1968, PERC will grant requests to place supervisors and non-supervisors in separate negotiations units.

Who can form a union?

A group of public employees can form a union and become an exclusive majority representative. They need not be members of a larger organization.

How does a union become a majority representative?

If a majority of employees in a proposed unit express support for a particular employee organization, the public employer may recognize that organization as the exclusive representative without PERC intervention. If a majority of employees in a unit sign authorization cards, and only one union seeks to represent them, the employees may petition PERC to be certified as the exclusive representative by card check. If a group of employees or a union files a representation petition with an adequate showing of interest, PERC is authorized to conduct a secret ballot election to determine if an organization received a majority of the valid ballots cast.