N.J. Admin. Code § 19:12-6.6 : OTHER AGENCIES —PUBLIC EMPLOYMENT RELATIONS COMMISSION — NEGOTIATIONS AND IMPASSE PROCEDURES; MEDIATION, FACT-FINDING, SUPER CONCILIATION, GRIEVANCE ARBITRATION, SPECIAL DISCIPLINARY ARBITRATION, BINDING ARBITRATION TO REVIEW IMPASSES OVER EMPLOYEE ORGANIZATION ACCESS TO EMPLOYEES, AND NOTICE OF SUBCONTRACTING — BINDING ARBITRATION TO REVIEW DISCIPLINARY TERMINATIONS, NOT INVOLVING ALLEGED CRIMINAL CONDUCT, OF NON-CIVIL SERVICE LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS —6.6 - Appointment of disciplinary arbitrator
(a) If within 10 days of receiving the list of disciplinary arbitrators, the parties have not notified the Director of Arbitration in writing of the name of an arbitrator that they have mutually selected, the assignment of the arbitrator for the purposes of this section shall be the responsibility of the Director, independent of and without any participation by any party. The Director shall select the arbitrator for assignment by lot.
(b) Should an arbitrator selected by mutual agreement be unable to serve, the parties shall be afforded one opportunity to select a replacement. If the parties are unable to mutually agree upon the selection of a replacement within 10 days after a mutually selected arbitrator has advised the parties and the Director of the arbitrator's unavailability to serve in the appeal, the Director shall select the replacement in the manner provided at (c) below.
(c) In any proceeding where an assigned arbitrator is unable to serve and the parties are unable to mutually agree upon a replacement, the Director shall assign a replacement arbitrator. The assignment shall be the responsibility of the Director, independent of and without any participation by any party. The Director shall select the replacement arbitrator for assignment by lot.
(d) Any arbitrator, whether mutually selected by the parties or appointed by the Director by lot, who is unable or unwilling to serve, shall so notify the parties and the Director within three days of receiving the notice of appointment.
N.J. Admin. Code § 19:12-6.6
Amended and recodified from 19:12-6.5 by 53 N.J.R. 1167(a), effective 7/6/2021