Adjunct Faculty Agreement –
(Click on an Article to go to that section of the Agreement)
ARTICLE I - RECOGNITION AND DEFINITION OF TERMS
ARTICLE II - NON-DISCRIMINATION
ARTICLE III - NO STRIKE OR LOCKOUT
ARTICLE IV - CONTINUING CONSULTATION
B. Representation Fee (Agency Shop)
ARTICLE VI - GRIEVANCE PROCEDURE
C. Preliminary Informal Procedure
ARTICLE VIII - UNION-EMPLOYER INFORMATION EXCHANGE
ARTICLE IX - UNION-BOARD RELATIONS
ARTICLE XII - ADJUNCT FACULTY WORKLOAD
ARTICLE XIII - APPOINTMENT OF EMPLOYEES
ARTICLE XVI - REIMBURSEMENT FOR TRAVEL
ARTICLE XVII - SAFE CONDITIONS
ARTICLE XVIII - DEFERRED COMPENSATION PLAN
ARTICLE XIX - LIABILITY CLAIMS INDEMNIFICATION
ARTICLE XX - LOCAL RESOLUTION OF ISSUES
ARTICLE XXI - AVAILABILITY OF AGREEMENT
ARTICLE XXII - MANAGEMENT RIGHTS
ARTICLE XXIII - MAINTENANCE AND IMPLEMENTATION OF THE AGREEMENT
ARTICLE XXV - NEGOTIATION PROCEDURES
ARTICLE XXVI - DURATION AND TERMINATION
SIDE LETTER OF AGREEMENT I - EMPLOYEE RIGHTS
SIDE LETTER OF AGREEMENT II - ACADEMIC FREEDOM
Adjunct Faculty Agreement –
AGREEMENT
This Agreement is made
as of the day of , by and between the State of
This Agreement has as
its purpose the promotion of harmonious employee relations between the STATE,
the State Colleges and Universities and the employees represented by the UNION;
the establishment of equitable and peaceful procedures for the amicable
resolution of all disputes and grievances; and the determination of wages,
hours of work and other terms and conditions of employment. Now therefore, in
consideration of the mutual promises of this Agreement, the parties agree as
follows:
A. The STATE, by the
Office of Employee Relations, and the Colleges/Universities hereby recognize
the UNION as the exclusive representative for the purpose of collective
negotiations for all terms and conditions of employment in a unit embracing the
institutions set forth in Paragraph B.2 below, the composition of which is
described as follows:
a. All adjunct faculty
teaching credit courses at a College/University during the regular academic
year. Summer session, pre-session and inter-session courses are not
considered as employment to confer eligibility for inclusion in the unit.
However, an adjunct faculty member who teaches in the summer session,
pre-session or inter-session immediately following a semester in which he/she
is included in the unit will be included in the unit during such summer
session, pre-session or inter-session.
b. An adjunct faculty
member included in the unit at one College/University, who also teaches a
course or courses at another College/University, will not be covered by the
terms of this Agreement at the second College/University until the requirements
of A.1(a) above are complied with at the second
College/University.
c. During any period
of time that an adjunct faculty member is not under contract, the adjunct
faculty member is not covered by any provision of this Agreement.
a. Members of the
full-time/part-time unit of faculty, librarians, and professional staff at the
State Colleges/Universities;
b. State College/University President and Vice
Presidents;
c. Deans, Associate
and Assistant Deans, and other managerial executives and confidential employees
at the State Colleges/Universities;
d. All State
employees, including employees at the University of Medicine and Dentistry of
New Jersey, the New Jersey Institute of Technology, Rutgers University and the
judiciary, who are excluded from negotiations units because they are managerial
executives or confidential employees;
e. Supervisors within
the meaning of the Act at the State Colleges/Universities;
f. Bookstore staff,
food service staff, etc. at the State Colleges/Universities;
g. Graduate assistants
at the State Colleges/Universities;
h. All persons at the
State Colleges/Universities included in other negotiations units;
i. All officers and persons included on the union or
management negotiations teams in all State negotiations units, including those
at the University of Medicine and Dentistry of New Jersey, the New Jersey
Institute of Technology, Rutgers and the judiciary;
j. All employees
employed by or holding office in local, county, State or Federal governmental
departments, agencies or bodies where the responsibilities of the employees
include monitoring or evaluating the Colleges/Universities, rendering decisions
or issuing policies affecting the Colleges/Universities or having information
regarding the Colleges/Universities that are not otherwise available to the
public or in advance of any public disclosure;
k. All employees and
consultants of the New Jersey Association of State Colleges and Universities,
Inc.
l.
All others
Unless otherwise
indicated, the following when used herein shall mean:
1. "Employee"
refers to employees in the certified negotiating unit described in Paragraph A.
above.
2.
"College/University" refers to:
The
3. "Local
The STATE and the
The
A. The
UNION and the STATE shall upon the request of either party establish meetings
during the third week of October and April for the purpose of reviewing the
administration of this Agreement and to discuss problems which may arise. These
meetings are not intended to bypass the grievance procedure or to be considered
contract negotiating meetings; rather, they are intended as a means of
fostering good employer-employee relations.
B. The Local UNION on
each campus and the President as chief executive officer of the
College/University and as representative of the Board of Trustees, or his or
her designee(s), shall upon the request of either party establish meetings
during the first week of October and April for the purpose of reviewing the
administration of this Agreement and to discuss problems which may arise. These
meetings are not intended to bypass the grievance procedure or to be considered
contract negotiating meetings but are intended as a means of fostering good
employer-employee relations.
C. The requests of
either party for such meetings shall include an agenda of topics to be
discussed and shall be submitted seven (7) days prior to the meeting date.
Sufficient meeting time(s) shall be established to complete the agenda.
D. Additional
meetings, as described above, shall be held at the request of either party at a
mutually agreeable time.
A. 1.The STATE agrees
to deduct from the salaries of all employees dues for the appropriate Local
UNION named below, as individual employees may voluntarily authorize as
provided in Chapter 310, New Jersey Public Laws of 1967, the
STATE to make such deductions and where such authorization is properly
presented to the STATE.
The deduction will be made
in equal amounts biweekly pursuant to Chapter 310, New Jersey Public Laws of
1967, N.J.S.A. 52:14-15.9e, as amended, beginning the
first payroll period after receipt of the authorization card. Said monies will
be transmitted by the fifteenth of the month following the month in which
deductions were made to the designated Local UNION treasurer. Each of the above
Local UNIONS shall certify to the STATE in writing the current rate of its
membership dues.
2. Dues deduction for
any employee in the negotiating unit shall be limited to the
3. Any changes in the
UNION fee structure during the contract year shall be certified to the STATE
thirty (30) days in advance of the requested date of such change. The change
will be reflected in payroll deductions at the earliest time after the receipt
of the request.
4. In the event that a
College/University receives a dues deduction card directly from the employee,
rather than the Local UNION, the College/University shall provide the Local
UNION with a copy of the card at the time the next dues deductions are sent to the
Local UNION.
1. Purpose of Fee
a) Subject to the
conditions set forth in 1(b) below, all eligible non-member employees on the
payroll in this unit will be required to pay to the majority representative a
representation fee in lieu of dues for services rendered by the majority
representative until
b) It is understood
that the implementation of the agency fee program is predicated on the
demonstration by the
2. Amount of Fee
Prior to the beginning
of each contract year, the UNION will notify the STATE in writing of the amount
of regular membership dues, initiation fees and assessments charged by the
UNION to its own members for that contract year, and the amount of the
representation fee for that contract year. Any changes in the representation
fee structure during the contract year shall be certified to the STATE thirty
(30) days in advance of the requested date of such change. The change will be
reflected in payroll deductions at the earliest time after the receipt of the
request.
The representation fee
in lieu of dues shall be in an amount equivalent to the regular membership
dues, initiation fees and assessments charged by the majority representative to
its own members less the cost of benefits financed through the dues, fees and
assessments and available to or benefiting only its members, but in no event
shall such fee exceed 85% of the regular membership dues, fees and assessments.
3. Deduction and
Transmission of Fee
After verification by
the STATE that an employee must pay the representation fee, the STATE will
deduct the fee for all eligible employees in accordance with this Article. The
mechanics of the deduction of representation fees and the transmission of such
fees to the
4. Demand and Return
System
The representation fee
in lieu of dues shall only be available to the
The burden of proof
under this system is on the
The UNION shall return
any part of the representation fee paid by the employee which represents the
employee's additional pro rata share of expenditures by the UNION that is
either in aid of activities or causes of a partisan political or ideological
nature only incidentally related to the terms and conditions of employment, or
applied toward the cost of any other benefits available only to members of the
majority representative.
The pro rata share
subject to refund shall not reflect, however, the costs of support of lobbying
activities designed to foster policy goals in collective negotiations and
contract administration or to secure for the employees represented advantages
in wages, hours, and other conditions of employment in addition to those
secured through collective negotiations with the public employer.
The employee shall be
entitled to a review of the amount of the representation fee by requesting the
The
If dissatisfied with
the
5. STATE Held Harmless
The
6. Legal Requirements
Provisions in this
clause are further conditioned upon all other requirements set by statute.
Pursuant to
legislation, the STATE shall upon presentation of a proper and duly signed authorization
form, deduct from the salary of each employee in the negotiations unit a sum
specified by the UNION and not to exceed the limits prescribed by law, for the
purpose of contributing to the UNION Committee on Political Education (COPE).
This provision applies to present and future members and non-member employees
in the negotiations unit. The fee deductions referred to above shall be
forwarded to the Local UNIONS promptly and in accordance with the provisions of
applicable law. In the event that a College/University receives a COPE
deduction card directly from an employee, rather than the Local UNION, the
College/University shall provide the Local UNION with a copy of the card at the
time the next COPE deductions are sent to the Local UNION.
The parties agree that
it is in the best interests of the academic community that all grievances
should be resolved promptly, fairly and equitably. To this end relevant and
necessary information, material and documents concerning any grievance shall be
provided by the
The following
procedure, which may be initiated by an employee and/or the UNION acting as his
or her representative, shall be the sole and exclusive means of seeking
adjustment and settling grievances.
A grievance is an
allegation by an employee or the
1. A breach,
misinterpretation or improper application of terms of this Agreement; or
2. An arbitrary or
discriminatory application of, or failure to act pursuant to, the applicable
policies or rules of a Board of Trustees which establish terms and conditions
of employment.
There shall be no
right to grieve management’s decisions and related procedures to employ or not
employ adjuncts in connection with either initial or subsequent employment.
Decisions to cancel courses which were scheduled to be taught, discipline, and
academic judgments also are not grievable.
An employee may orally
present and discuss a grievance with his or her immediate supervisor on an
informal basis. At the employee's option, he or she may request the presence of
a UNION representative. If the employee exercises this option, the supervisor
may determine that such grievance be moved to the first formal step. Should an
informal discussion not produce a satisfactory settlement, the grievant may
move the grievance to the first formal step. Informal discussions shall not
serve to extend the time within which a grievance must be filed, unless such is
agreed to in writing by the College/University official responsible for the
administration of the first formal step of the grievance procedure.
1. Step One
A grievant shall
initiate his or her grievance in writing and present it formally to the
College/University President or his or her designee. Such statement of
grievance should include specific reference to the following:
a) the
article and section of this Agreement alleged to have been breached,
misinterpreted, or improperly applied;
b) the
applicable policy or rule of a Board of Trustees, which establishes terms and
conditions of employment alleged to have been arbitrarily or discriminatorily
applied or not followed;
c) a
description of how the alleged violation occurred;
d) the
date of the alleged violation;
e) the
proposed remedy.
Where the nature of
the grievance suggests that it would be appropriate, the grievant may be requested
by the President or his or her designee to meet any involved official of the
College/University in an effort to resolve the grievance informally. Such
informal discussions shall not become a part of the record of the grievance
unless the grievance is resolved on the basis of such discussions. The
President or designee thereof shall hear the grievance and, where appropriate,
witnesses may be heard and pertinent records received. The hearing shall be
held within twenty (20) calendar days of receipt of the grievance, and the
decision shall be rendered in writing to the employee and the UNION
representative within fifteen (15) calendar days of the conclusion of the
hearing of the grievance. The decision of the President or his or her designee
shall be final and binding as to B.2 grievances. Additionally, grievances
alleging a breach, misinterpretation or improper application of the terms of
this Agreement that relate to employment, reemployment, discipline or academic
judgment cannot be appealed to arbitration.
The
2. Step Two
If the aggrieved
employee is not satisfied with the disposition of the B.1 grievance at Step
One, or should no decision be forthcoming in the prescribed time, the UNION as
representative of the employee may, within twenty (20) calendar days from the
determination at said step and upon written notification of intent to arbitrate
to the Director of the Office of Employee Relations, appeal the grievance to
arbitration. The arbitrator shall conduct a hearing and investigation to
determine the facts and render a binding decision for the resolution of the
grievance. In no event shall an arbitrator's decision have the effect of adding
to, subtracting from, modifying or amending the provisions of this Agreement,
the laws of the STATE, or any policy of the STATE or any Board of Trustees.
In all cases, the
burden of proof is on the grievant.
If one of the issues
before the arbitrator is timeliness, the arbitrator must first render a
decision on this issue. This decision shall be rendered on the day of the
hearing when possible. A subsequent day of hearing will occur only if the
arbitrator determines the matter to have been timely filed.
Any costs resulting
from this procedure shall be shared equally by the parties.
The arbitrator making
a binding determination of a grievance has the authority to prescribe a
compensatory award to implement the decision.
The parties shall
mutually agree upon a panel of three or more arbitrators. Each member of the
panel shall serve by random selection as the sole arbitrator for a given case
or cases. When a member of the panel is unable to serve, another member shall
then serve by random selection. Each member of the panel serves by mutual
agreement of the STATE and the
1. A grievance must be
filed at Step One within forty-five (45) calendar days from the date on which
the act which is the subject of the grievance occurred or forty-five (45)
calendar days from the date on which the individual employee should reasonably
have known of its occurrence.
2. A group grievance
that affects more than one College/ University must be filed with the
individual designated by the College/University Presidents to receive multi-college
group grievances. The grievance statement must include the names of all the
affected Colleges/ Universities and a notice that the grievance is a group
grievance. A copy of the group grievance must be simultaneously provided to the
Director of the Office of Employee Relations.
3. The
College/University Presidents will designate an individual to hear the group
grievance on behalf of all the affected Colleges/ Universities.
4. The time limits
applicable to Step One will also apply to group grievances.
5. Time limits
provided for in this Article may be extended by mutual agreement of the parties
at the level involved.
6. If the Step One
decision of the College/University is not appealed within the appropriate time
limit, such grievance will be considered closed and there shall be no further
review or appeal.
7. No adjustment of
any grievance shall impose retroactivity beyond the date on which the grievance
was initiated or the forty-five (45) day period provided in Section E.1 above,
except that payroll errors and related matters shall be corrected to date of
error.
F. No reprisal of any
kind shall be taken against any participant in this grievance procedure by
reason of proper participation in such procedure.
G. Grievance records
shall not be part of the personnel file except by mutual agreement between the
H. Nothing in this
Article shall be construed as compelling the
I. The decision of the
President or his or her designee cannot add to, subtract from, modify or amend
the provisions of this Agreement, the laws of the STATE or any policy of the
STATE or Board of Trustees.
A. The
College/University representative shall inform the employee at the beginning of
an investigatory interview of the subject of the interview. If during the
course of an investigatory interview conducted by the employer or its agent an
employee reasonably believes that he/she may be disciplined as a result of
information obtained from the interview, the employee may request a Union
representative. If so requested, the Union representative shall be
permitted to be present. The Union representative shall be permitted to
attend as a witness; however, he or she may advise and counsel the employee by
clarifying confusing and misleading questions.
B. In the event a charge of
misconduct is made by a College/University against an employee, and if he/she
so requests, the employee shall be entitled to a representative of the
C. If an employee is
discharged for cause during the term of a one semester contract, he/she shall,
if requested, be provided with the reason(s) for the dismissal and given an
opportunity to present his/her position at a meeting with the President or his
or her designee.
A. The
UNION agrees to furnish to the Office of Employee Relations a complete list of
all officers and representatives of the
B.1. Each
College/University agrees to furnish to the
1. Last Name
2. First Name
3. Street Address
4. City
5. State
6. Zip
7. Number of Credits
Taught
8. Department
9. Date of Initial
Hire
2. At the same time as
the aforesaid register is provided, each College/University shall provide the
3. The
C. The STATE and the College/University
administrations agree to furnish to the UNION, in response to written requests
and within a reasonable time, which, where practicable, will not exceed fifteen
(15) working days, information which is relevant and necessary to the negotiating
of subsequent agreements; and to furnish all relevant publicly available
information that shall assist the UNION in developing intelligent, accurate,
informed, and constructive programs. If such requests affect more than one
College/University, they should be sent directly to the Office of Employee
Relations.
D. Each
College/University shall maintain in a central location a copy of all generally
applicable rules, regulations and policies of the College/University which
regulate the conduct or work obligation of employees. Each College/University
shall make generally known such central location and the hours during which
employees may review the documents. Six (6) copies shall be provided to a
designated representative of the Local UNION.
A. The provisions of this Article shall apply only to
the Colleges/Universities that have a separate Adjunct Local.
B. l. The UNION shall
be supplied a copy of the tentative agenda of all College/University Boards of
Trustees meetings, one week prior to the date for such meetings. Upon
request of the
2.
A copy of the adopted minutes of public meetings of the Boards of Trustees and
resolutions adopted at such meetings, including any documents incorporated by
reference in such resolutions, shall be forwarded to the
C. The Adjunct
Local President or designee shall have the right to be present as an observer,
to observe public budget hearings conducted by the Board of Trustees or any
committee of the Board of Trustees of that College/ University. The sole role
of the observer shall be to attend hearings to observe and not participate in
the deliberations of the committee.
A. The administration
shall permit representatives of the
B. Bulletin Boards
The
C. Distribution of
Materials
The
D. Space and
Facilities
It is understood and
agreed that, upon request, the administration will make available to the
E. The
STATE and the
Employees may apply
for advertised vacancies/opportunities for full-time and part-time faculty
positions that are posted on the College/University web site. The announcement
will be emailed to the
B. The
College/University shall issue official identification cards to all adjunct faculty. The initial card shall be at no cost to the
employee. Cost for replacement shall be in accordance with
College/University policies and practices.
C. No member of the adjunct faculty shall be
required to join or refrain from joining any organization as a condition of
employment, with the exception of credentialing organizations/associations
related to a requirement for certification to hold the position.
Where available at the Colleges/Universities, parking
privileges shall be provided to employees without charge (except at facilities
financed by the Educational Facilities Authority). The assignment or
location of parking places shall be resolved between the Local UNION and the
College/University.
There
shall be no abridgment of access to the library collection for reasons of
content or suitability. This paragraph shall not be construed to
interfere with the sound principles of library management, such as protection
of rare or valuable materials.
F. Within the
College/University departmental or equivalent academic unit policies and
practices, adjunct faculty may be permitted to select textbooks and course
materials if the adjunct is not a last minute hire or a specific textbook is
not required for the course.
1.
Teaching credit hours are defined as:
(a) When the number of regularly scheduled average
weekly class hours equals the number of student credit hours, teaching credit
hours shall equal student credit hours.
(b) When the number of regularly scheduled average weekly class hours is
greater than the number of student credit hours, those class meetings typically
designated as “laboratories” or “studios” shall be equated on the basis of
two-thirds (2/3) of a teaching credit hour for each such class hour.
(c) When the number of average regularly scheduled weekly class hours is less
than the number of student credit hours, teaching credit hours shall not be less
than the number of average weekly class hours; and additional teaching credit
hours may be granted, provided that the total does not exceed the number of
student credit hours.
(d) The above provisions apply to normal sixteen (16) week semesters. For
semesters of different lengths, the above formulae shall be applied on a pro
rata basis.
2. Student credit hours are defined as:
the number of credit hours earned by a student successfully completing a given
course.
3. Average weekly class hours are the
total number of regularly scheduled class meeting hours for a course divided by
the number of weeks in the program.
B. Adjunct faculty members assigned duties
involving modes of instruction other than classroom, such as, but not limited
to, independent study, supervision of internships or practice teaching, or
assigned to teach regularly scheduled courses for which collegiate credit is
not granted, shall receive teaching credit hours for such activities according
to the policies and practices currently in force at the respective
Colleges/Universities unless specified otherwise in this Agreement.
1. In the event that any
College/University makes an assignment of any activity covered herein for which
there is no current practice or policy or intends to change a practice or
policy, the College/University shall notify the Local UNION in writing of such
action and, upon written request of the Local UNION, the President shall
designate an official of the College/University to consult with the Local UNION
concerning the new or changed policy or practice. Such written request
must be received by the President within thirty-one (31) days of the College's
written notice to the Local UNION. The consultation shall be completed within
thirty (30) days of the Local UNION's written request
to the President, unless said time limitation is extended by mutual consent of
the parties.
2. In the event that, after consultation, the
Local UNION is of the opinion that the involved policy or practice is
unreasonable, the Local UNION, within seven (7) calendar days, may request
negotiation of those matters which it deems to be mandatorily
negotiable. Disputes as to the negotiability of such matters shall be resolved
in the manner prescribed by the New Jersey Employer-Employee Relations Act, as
amended.
3. Nothing contained herein shall limit such authority
as the College/University may have under law to direct that workload
assignments be implemented during the pendency of
consultation.
C. The specific
assignments for student teaching shall be equitable in regard to travel time
and distance. Disagreement concerning the teaching credit hour load for
supervision of student teachers shall be resolved between the Local UNION and
the College/University.
A. Prior to
appointment contracts being offered, employees must advise the
College/University in writing of any other employment, including employment as
an adjunct.
B.1. When a
prospective employee is offered appointment, he or she
shall be provided with a letter of appointment contract. The letter of
appointment contract shall include:
a) The name of the
employing College/University;
b) The dates for which
the appointment is effective;
c) The salary rate;
d) A
specification of the course(s) to be taught, which will include the dates and
times the prospective employee is
to teach.
2. Prospective initial
appointees shall also be provided with a copy of this Agreement and a copy of
the local adjunct handbook, if any. When a prospective employee accepts his/her
appointment, the College/University shall provide the
C. Any individual letter
of appointment contract between the College/University and an individual
employee shall be subject to and consistent with the terms and conditions of
this Agreement. Where such contract is inconsistent with this Agreement, this
Agreement shall be controlling.
D. If a course that an
employee is assigned to teach is canceled after the first class taught by the
employee, the employee will be paid the sum of $100, or compensated on a pro
rata basis, which ever is higher, for the first class. For each class taught
beyond the first day, the employee will be compensated on a pro rata basis.
Subject to the State
Legislature enacting appropriation of funds for these specific purposes, the
STATE agrees to provide the following compensation effective at the time stated
herein or, if later, within a reasonable time after enactment of the
appropriation.
A.
The minimum employee compensation per credit hour shall be determined based on
the schedule below. Effective September 2005, Adjuncts who have taught
sixteen (16) or more semesters at the individual College/University will
receive an additional $25 per credit. A semester is defined as Fall or Spring.
Date
1-15
semesters
16+ semesters
September
2003
$700
$700
Montclair/Rowan
$750
$750
January
2004
$750
$750
September
2004
$800
$800
January
2005
$825
$825
September
2005
$850
$875
January
2006
$900
$925
September
2006
$925
$950
January
2007 $950
$975
Each
College/University has the right to pay employees above the minimum adjunct
rate based on policies and practices established by the College/University.
Provided that their responsibilities remain the same, employees who are paid
above the minimum adjunct rate shall not be reduced in compensation during the
term of this Agreement. The payment of any employee above the minimum
shall not entitle any other employee to such treatment.
B. Employees teaching
during inter-sessions, pre-sessions and summer sessions shall be compensated at
the rate applicable during the immediately preceding semester.
C. Compensation will
be paid biweekly consistent with the payroll policies of the
College/University.
D. The parties to this
Agreement understand that the public services provided to the citizenry of the
STATE of
E. Effective
A personnel file shall
be maintained for each employee in accordance with the following procedures:
A. The
College/University shall place in the file communications relating to the
employee's competency.
B. All material
received from department chairpersons, administrative officers or other
responsible sources concerning an employee's competency, character, or conduct
shall be signed by the originator before being placed in the employee's
personnel file. Anonymous communications shall not be placed in the personnel
file of any employee with the exception of documents specifically permitted
under this Agreement or College/University procedures.
C. A copy of any item
included in the employee's personnel file, except items submitted by the
employee, dealing specifically with the employee's performance, shall be
transmitted to the employee immediately. A copy of other filed items, including
all items submitted by the employee, shall be made available to the employee
upon request at the expense of the employee, except for the first ten (10)
pages each year, which shall be free of charge.
D. Any item which
deals specifically with the employee's performance which was not previously
transmitted to the employee and which is to be relied upon shall be made
available to the employee and a reasonable time shall be provided for response.
E. An employee shall
be given the opportunity to review the contents of his or her personnel file
upon application to the College's/ University’s designee. The employee shall
have the opportunity to acknowledge that any item has been read by signing and
dating the file copy. Such signature would not necessarily indicate agreement
with its content nor will the absence of such signature be construed to
necessarily indicate that the employee had not received or read any item in the
personnel file.
F. Letters of recommendation
relating to appointment which were solicited under conditions of
confidentiality shall be excluded from the employee's inspection and shall not
be used in subsequent personnel actions unless the employee is provided with a
copy.
G.1. An employee shall have the right to respond to any document
in his or her personnel file. Such response shall be directed to the President
of the College/University and shall be included in the employee's personnel
file, attached to the appropriate document.
2. A representative of
the
H. Except as indicated
in paragraphs E. and G.2. above, access to personnel
files shall be limited to those individuals directly involved in the
administration, analysis or evaluation of professional personnel.
I. Each personnel file
shall contain a table of contents, arranged in chronological order, beginning
with all entries made on or after
J. Materials may be
removed from an employee's personnel file upon mutual agreement of the employee
and the President of the College/ University or his or her designee.
A. Whenever transportation
is required as part of the duties of an employee and the employee uses his or
her private vehicle, the College/University shall reimburse the employee for
such use of his or her private vehicle at the rate established by
College/University policy.
B. Employees shall be
reimbursed for travel within forty-five (45) days of submission of the
completed request for reimbursement and all required documents.
A. The College/University will
discharge its responsibility for the development and enforcement of
occupational safety and health standards to provide a safe and healthful
environment in accordance with PEOSHA and any other applicable statutes,
regulations or guidelines published in the New Jersey Register which pertain to
health and safety matters. This paragraph is not subject to the grievance
procedure.
B.
Whenever an employee observes a condition which he or she feels represents a
violation of safety or health rules and regulations or which is an unreasonable
hazard to persons or property, the employee shall report such observation which
will be promptly investigated. Where a hazard exists which endangers the
employee, he or she shall not be required to work where that condition exists.
A. The
State will continue the program which will permit eligible adjunct faculty in
this negotiating unit who are in PERS to voluntarily authorize deferment of a
portion of their earned base salary so that the funds deferred can be placed in
an Internal Revenue Service-approved Federal Tax exempt investment plan.
The deferred income so invested and the interest or other income return on the
investment are intended to be exempt from current Federal Income Taxation until
the individual employee withdraws or otherwise receives such funds as provided
in the plan.
It is understood that
the State shall be solely responsible for the administration of the plan and
the determination of policies, conditions and regulations governing its
implementation and use.
The State shall
provide information describing the plan as well as a required enrollment or
other forms to all employees.
It is further
understood that the maximum amount of deferrable income under this plan shall
be up to the amount allowable by law.
B. This provision is
included for informational purposes only and shall not be subject to the
grievance procedure as set forth in Article VI of this Agreement.
A. Employees covered
by this Agreement shall be entitled to defense and indemnification as provided
in N.J.S.A. 59:10-1 et. seq.
and N.J.S. A. 59:10A-1 et. seq.
B. For informational
purposes only, the following paragraphs generally describe the provisions
presently contained in the aforesaid statutes.
1.
Defense of Employees
a. Except as provided in paragraph 2. below, the Attorney General shall, upon request of an employee, provide for the defense of any action brought against the employee on account of an act or omission in the scope of his/her employment. The Attorney General’s duty to defend shall extend to a cross-action, counterclaim