2009 New Jersey Code
Section 34:13B
34:13B-27 - Written findings and decision;  factors to be considered

34:13B-27.  Written findings and decision;  factors to be considered
    (a) It shall be the duty of each board of arbitration appointed pursuant to  chapter forty-seven of the laws of one thousand nine hundred and forty-seven to  make written findings of fact and to promulgate a written decision and order  upon the issue or issues presented in each case and on the basis of the  evidence in the record;  provided, however, that such issue or issues shall  have been in dispute between the parties;  and provided further, that the board  shall not render findings of fact, decision or order upon any issue or issues  which are not proper subjects for collective bargaining for the reason that  they do not pertain to wages, hours or conditions of employment.

    (b) Where there is no contract between the parties, or where there is a contract but the parties are negotiating a new contract or amendments to the existing contract, and issues arise which are the subject of dispute between the parties in such negotiations, the board shall make a just and reasonable determination of the dispute, and in determining such issues, base its findings  of fact, decision and order upon the following factors:

    (1) The interests and welfare of the public.

     (2) Comparison of the wages, hours and conditions of employment of the employees involved in the arbitration proceedings, and the wages, hours and conditions of employment of employees doing the same, similar or comparable work or work requiring the same, similar or comparable skills and expenditure of energy and effort, giving consideration to such factors as are peculiar to the industry involved.

    (3) Comparison of wages, hours and conditions of employment as reflected in  industries in general and in public utilities in particular throughout the nation and in the State of New Jersey.

    (4) The security and tenure of employment with due regard for the effect of  technological changes thereon as well as the effect of any unique skills and  attributes developed in the industry.

    (5) Such other factors not confined to the foregoing which are normally or traditionally taken into consideration in the determination of wages, hours and  conditions of employment through voluntary collective bargaining, arbitration  or otherwise between the parties or in the industry.

    (c) The board shall not be bound by the strict rules of evidence applicable  in a court of law.

    (d) The findings of fact, decision and order of the board shall be made within thirty days after submission of the issues in dispute or within such additional period as may be agreed upon by a majority of the members of such board.  The findings of fact, decision and order of such board shall forthwith be filed by such board with the Governor, and a copy of such findings of fact, decision and order shall be submitted to each of the parties to the dispute and  another copy thereof filed with the State Board of Mediation.

     L.1949, c. 308, p. 995, s. 1.

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