N.J. Admin. Code § 19:13-1.1 : OTHER AGENCIES —PUBLIC EMPLOYMENT RELATIONS COMMISSION — SCOPE OF NEGOTIATIONS PROCEEDINGS — NATURE OF PROCEEDINGS; LIMITS OF JURISDICTION —1.1 - Nature of proceedings; limits of jurisdiction

(a) 34:13A-5.4(d) provides that the Commission shall at all times have the power and duty, upon the request of any public employer or exclusive representative, to make a determination as to whether a matter in dispute is within the scope of collective negotiations. The procedure set forth in this chapter is intended to avoid protracted administrative litigation with respect to disputes that normally will involve solely questions of law and policy. Accordingly, scope of negotiations proceedings will normally be expeditiously resolved on the basis of the parties' submissions.
(b) Where the dispute concerns the legal arbitrability of a grievance sought to be submitted to binding arbitration pursuant to a collectively negotiated grievance/arbitration procedure, the Commission will not determine:
1. Whether the grievance is covered by the arbitration clause of an agreement;
2. Whether the facts are as alleged by the grievant;
3. Whether a contract provides a defense for the employer's alleged action;
4. Whether there is a valid arbitration clause in an agreement; or
5. Any other similar question.

N.J. Admin. Code § 19:13-1.1

Amended by R.2006 d.230, effective 6/19/2006.
See: 38 N.J.R. 1309(a), 38 N.J.R. 2735(a).
Section was "Nature of proceedings". Inserted designations for (a) and (b). Capitalized "Commission" throughout; added second and third sentences in (a); and rewrote (b).