AGREEMENT
This Agreement is made as of the 23rd day of July, 2007 by and between the
State of New Jersey (herein called the STATE) and the Council of New Jersey
State College Locals, AFT, AFL-CIO (herein called the UNION).
Whereas the parties hereto have entered into collective negotiations and
desire to reduce the results thereof to writing NOW THEREFORE, it is mutually
agreed as follows:
PREAMBLE
The STATE, the State Colleges and Universities, and the UNION enter into
this Agreement with the expectation that its implementation will enhance the
ability of the State Colleges and Universities of New Jersey to serve their
constituents.
The parties recognize that it is the responsibility of these institutions
to provide their students a quality educational program, to broaden the
horizons of knowledge through research and to make available their resources
to the needs of the larger community.
In order to fulfill these obligations, the parties endorse the concepts
and subscribe to the traditional principles of academic freedom, professional
ethics and responsibilities.
ARTICLE I
RECOGNITION AND DEFINITION OF TERMS
A. The STATE, by the Office
of Employee Relations, and the State 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
all nine State Colleges/Universities, the composition of which is described
as follows:
Included:
1. Teaching and/or research faculty
2. Department chairpersons
3. Administrative staff (non-managerial)
4. Librarians
5. Student personnel staff
6. Demonstration teachers
7. Demonstration Specialist–A. Harry Moore
School
8. Professional academic support personnel
(holding faculty rank)
9. Part-time personnel employed in
categories 1-8 above who (a) are employed in regular, recurrent positions,
(b) work at least half of a full load, and (c) are employed on either a
one-year contract or on at least a second half-year contract occurring during
any two consecutive academic years.
10. Members of the State
Colleges/Universities Unit who teach summer session. (Inclusion of such
employees in the negotiations unit shall not in any way alter the current
rights, benefits or duties of such employees except as specifically indicated
in this Agreement.)
Excluded:
1. College/University President and Vice
President
2. Deans, Associate and Assistant Deans and
other managerial executives
3. Secretarial staff
4. Maintenance staff
5. Bookstore, food service, etc. staff
6. Adjunct Faculty and academic specialists
7. Graduate assistants
8. All others
B. Definition of Terms
Unless otherwise indicated the following when used herein shall mean:
1. “Employee” refers to employees in the certified negotiating unit
described in Section A above.
2. “Faculty” or “faculty members” refers to all teaching and/or research
faculty as described in Section A. l (inclusions) above.
3. “College/University” refers to:
The College of New Jersey
Kean University
Montclair State University
New Jersey City University
Ramapo College of New Jersey
Richard Stockton College of New Jersey
Rowan University
Thomas Edison State College
William Paterson University
4. “Local UNION” refers to the constituent local of the UNION at a
College/University.
5. “Multi-year contract” refers to such contracts authorized under
N.J.S.A. 18A:60-l4.
ARTICLE II
NON-DISCRIMINATION
The STATE and the UNION agree that the provisions of this Agreement shall
apply equally to all employees. The STATE and the UNION agree that
there shall be no intimidation, interference, or discrimination because of
age, sex, sexual orientation, marital status, familial status race, color,
creed, national origin, disability, physical handicap, or political activity,
private conduct or union activity which is permissible under law and which does
not interfere with an employee's employment obligation or because of their
liability for service in the Armed Forces of the United States.
ARTICLE III
NO STRIKE OR LOCKOUT
The UNION agrees that it will refrain from any strike, work stoppage,
slowdown, or other job action and will not support or condone any such job
action. The STATE agrees that it will refrain from locking out its employees
or from any threat thereof.
ARTICLE IV
A. The parties agree to establish a Committee
consisting of one representative for each College/University, three Council
representatives and one representative from the Governor’s Office of Employee
Relations, which shall upon request of either party meet in the third week of
April, October and January. The goal of the Committee is to ensure that
the provisions of the Collective Negotiations Agreement are complied with
throughout the nine State Colleges/Universities. The Council shall
submit an agenda to the Governor’s Office of Employee Relations at least two
weeks prior to the meeting consistent with the goal of the Committee as set
forth above. 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.
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 April, October, and January, 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 at
least two weeks 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.
ARTICLE V
ACADEMIC FREEDOM
A. Academic freedom derives from the nature of the
quest for knowledge. It is essential to the full search for truth and
its free exposition, applies to both teaching and research, and shall not be
abridged or abused. Academic freedom does not relieve the employee of
those duties and obligations, which are inherent in the employer-employee
relationship.
B. Freedom in research is fundamental to the
advancement of truth. Academic freedom in its teaching aspect is
fundamental for the protection of the rights of the teacher in teaching and
of the student to freedom in learning. It carries with it
responsibilities correlative with rights. Both parties to this
Agreement subscribe to the following principles of academic freedom:
1. Employees are entitled to full freedom in research and in
the publication of results.
2. An employee is entitled to freedom in the classroom in
discussing his or her subject.
3. Employees are citizens and members of a learned
profession. When the employee speaks or writes as a citizen, he or she
is free from institutional censorship or discipline, but should not
represent himself or herself as a spokesperson for the institution.
ARTICLE VI
DUES DEDUCTION
A. 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 College of New
Jersey
Local 2364
Kean
University
Local 2187
Montclair State
University
Local 1904
New Jersey City
University
Local 1839
Ramapo College of New Jersey
Local 2274
Richard Stockton College of New Jersey
Local 2275
Rowan
University
Local 2373
Thomas Edison State
College
Local 4277
William Paterson
University
Local 1796
The deduction will be made in equal amounts bi-weekly 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 UNION. Employees shall be eligible to withdraw
dues deduction authorization for the UNION only as of July 1 of each year
provided the notice of withdrawal is filed timely with the responsible
payroll clerk.
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 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 dues deductions are sent to the Local UNION.
B. Representation
Fee (Agency Shop)
1. Purpose of Fee
a. Subject to the conditions set forth in l(b) below, all eligible
nonmember employees 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 June 30, 2007. Nothing herein shall
be deemed to require any employee to become a member of the majority
representative.
b. It is understood that the implementation of the agency fee program is
predicated on the demonstration by the UNION that more than 50% of the
eligible employees in the negotiating unit are dues paying members of the
UNION.
If at the signing of this Agreement the above percentage has not been
achieved, the agency fee plan will be continued through pay period 26 of the
calendar year, after which it shall be discontinued unless the minimum has
been achieved prior to that occurrence. Thereafter, if the minimum
percentage is exceeded on any quarterly date, i.e., January l, April l, July
l or October l, the agency fee plan shall be reinstated, with proper notice
to affected employees.
In each year of the Agreement on July l, an assessment shall be made to
determine if the minimum percentage has been exceeded. If it has, the
agency fee shall continue until the following annual assessment. If it
has not, the agency fee will be discontinued and eligibility for
reinstatement shall be on a quarterly basis as provided above.
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 UNION will, as nearly as possible, be the same as those
used for the deduction and transmission of regular membership dues to the
UNION.
The STATE shall deduct the representation fee as soon as possible after
the tenth day following reentry into this unit for employees who previously
served in a position identified as excluded or confidential, for individuals
reemployed in this unit from a reemployment list, for employees returning
from leave without pay, and for previous employee members who become eligible
for the representation fee because of nonmember status. For purposes of
Section B., individuals employed on a l0-month basis or who are reappointed
from year to year shall be considered to be in continuous employment.
The STATE shall deduct the representation fee from a new employee as soon
as possible after thirty (30) days from the beginning date of employment in a
position in this unit.
4. Demand and Return System
The representation fee in lieu of dues shall only be available to the
UNION if the procedures hereafter are maintained by the UNION.
The burden of proof under this system is on the UNION.
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 UNION to substantiate the amount charged
for the representation fee. This review shall be in conformance with
the internal steps and procedures established by the UNION.
The UNION shall submit a copy of the UNION review system to the Office of
Employee Relations. The deduction of the representation fee shall be
available only if the UNION establishes and maintains this review system.
If dissatisfied with the UNION’s decision, the employee may appeal to a
three-member board established by the Governor.
5. STATE Held Harmless
The UNION hereby agrees that it will indemnify and hold the STATE harmless
from any claims, actions or proceedings brought by any employee in the
negotiations unit which arises from the STATE’s agreement to make deductions
in accordance with this provision. The STATE shall not be liable to the
UNION or employee for any retroactive or past due representation fee for an
employee who was identified by the STATE as excluded or confidential or in
good faith was mistakenly or inadvertently omitted from deduction of the
representation fee.
6. Legal Requirements
Provisions in this clause are further conditioned upon all other
requirements set by statute.
C. Political Check-Off
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.
ARTICLE VII
GRIEVANCE PROCEDURE
A. Purpose
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 UNION and the
STATE upon written request to the other within a reasonable time, which,
where practicable, will not exceed fifteen (15) working days. This entitlement
does not include the use of written questions directed to individuals where
the relevant and necessary information sought can be asked of witnesses or
the management representative at a grievance hearing.
1. 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
(except as provided in Article XII).
2. A copy of any grievance filed by an employee independently
of the UNION under the State Colleges/Universities Agreement shall, upon
receipt, be transmitted to the UNION by the College/University.
3. The UNION shall have the right to be present at a Step 1
grievance hearing where an employee wishes to process a grievance on his or
her own behalf.
4. Whenever any representative of the UNION or any employee is
mutually scheduled by the parties during working hours to participate in
grievance procedures, such employees shall suffer no loss in pay or benefits.
B. Definition of a Grievance
A grievance is an allegation by an employee or the UNION that there has
been:
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,
or applicable regulations or statutes which establish terms and conditions of
employment.
C.
Preliminary Informal Procedure
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.
D. Formal
Steps
l. Step One
A grievant shall initiate his or her grievance in writing and present it
formally to the College/University President. Such statement of
grievance should include specific reference to the following: a) 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, or the applicable statute 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, unless parties mutually agree
otherwise, 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.
2. Step Two
If the aggrieved employee is not satisfied with the disposition of the
grievance at Step One, or if the hearing is not held within the prescribed
time or agreed upon time 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
decision for the resolution of the grievance. An arbitrator's decision
shall be binding as to grievances raised under B. 1. above and advisory and
non-binding as to grievances raised under B. 2. above. In any case, an
arbitrator's decision relating to appointment, nonreappointment (except as
provided in E. 4. below), merit awards, or promotion shall be advisory and
non-binding. 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. The arbitrator shall not substitute his or her judgment for
academic judgments rendered by the persons charged with making such
judgments.
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
UNION and may be removed at any time by either party through written notice
to the other. In the event it is necessary for the parties to select a new
panel member, and the parties are unable to agree on such new panel member,
an ad hoc replacement arbitrator shall be selected on a case-by-case
basis under the selection procedure of PERC. Such selection procedure shall
also be utilized in the event of a failure of the parties to agree upon a new
panel.
E. 1. Matters pertaining to appointment, promotion
or non-reappointment shall be grievable under this agreement only upon the
basis of claimed violations involving discriminatory treatment in violation
of Article II, or denial of academic freedom in violation of Article V, or
violation of appointment, promotion or reappointment procedures specified in
Articles XIV and XIII, or applicable written College/University procedures
(except as provided in E. 4. below). In all such cases the burden of
proof shall be upon the grievant. In no case may an arbitrator recommend
appointment, promotion or reappointment of a grievant. Rather, where
appropriate, the remedy shall be to remand the matter to the proper level of
the involved College/University for reconsideration of the matter and
elimination of defects in the procedural process or elimination of
impropriety in the decision making process.
2. Where a matter is remanded pursuant to Subparagraph 1 above, the
arbitrator may, where appropriate, direct that the President of the College/
University, in consultation with the UNION, appoint an ad hoc review
committee to substitute for any individual or committee which had been
involved in the previous promotion or reappointment action. The purpose of
such ad hoc committee will be for the purpose of reconsidering the
involved matter and elimination of defects in the procedural process or
elimination of impropriety in the decision making process and to make
recommendations on the merits of the involved promotion or reappointment
matter to the President or intermediate levels prior to the President.
3. Merit awards shall be grievable under this Agreement only upon the
basis of claimed violations involving discriminatory treatment in violation
of Article II of the Agreement. In all such cases, the burden of proof shall
be upon the grievant. In no case may an arbitrator recommend a merit award be
given to an individual. Rather, where appropriate, the remedy shall be to
remand the matter to the proper level of the involved College/University for
reconsideration of the matter and elimination of impropriety in the decision
making process. No personnel actions involving punitive procedures shall be
based on, or in any way use, the results of the merit award program.
4. Full-time employees serving under multi-year contracts may grieve
notice of non-renewal on the basis of lack of good cause. The arbitrator may
direct the withdrawal of the notice of non-renewal or other appropriate
remedy.
F. Time Limits
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 a group
grievance.
5. Claims of violation of procedure by any promotion or retention
committee must have been reported to the President of the College/University
by the individual grievant within twenty-one (21) days from the date on which
such claimed violation took place or twenty-one (21) days from the date on
which the individual grievant should have reasonably known of its
occurrence. In the event of failure to report the occurrence within
such twenty-one (21) day period, the matter may not be raised in any later
grievance contesting the validity of such committee's recommendation or any
action based thereon.
6. 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 F. l above, except that payroll errors and related
matters shall be corrected to date of error.
7. Time limits provided for in this Article may be extended by mutual
agreement of the parties at the level involved.
8. If the Step One decision by 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.
G. Nothing in this Article shall be construed as
compelling the UNION to submit a grievance to arbitration.
H. No reprisal of any kind shall be taken against
any participant in this grievance procedure by reason of proper participation
in such procedure.
I. Grievance records shall not be part of the personnel
file utilized in the promotion or retention process unless such grievance
records pertain to the matter under consideration.
J. To the extent that other articles in the
Agreement are non-applicable to part-time employees, references to these articles
in the grievance procedure are also non-applicable. The appointment or
non-reappointment of part-time employees with three years or less service is
not grievable.
K. Discipline
1. The discharge or suspension of employees during the term of a one-year
appointment or reappointment or a faculty member on an initial two- or
three-year appointment or any one year reappointment shall be grievable in
accordance with the procedures set forth in this Article to advisory
arbitration. In the event the involved employee files a grievance, the
burden of proving good cause for the discharge or suspension shall be upon
the College/University. This provision shall apply to employees on
multi-year contract who are suspended.
2. 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. The UNION
representative may advise and counsel the employee by clarifying confusing
and misleading questions.
3. In the event an allegation 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 UNION during any
investigatory interview(s) concerning such allegation. The Union
representative shall be permitted to attend as a witness. The Union
representative may advise and counsel the employee by clarifying confusing
and misleading questions. There shall be no presumption of guilt.
4. Disputes concerning the application or interpretation of the New Jersey
tenure laws or dismissals of employees protected by such laws shall not be
grievable under this Agreement.
ARTICLE VIII
UNION-EMPLOYER INFORMATION EXCHANGE
A. The UNION agrees to furnish to the Office of
Employee Relations a complete list of all officers and representatives of the
UNION, including titles, addresses and designation of responsibility, and to
keep such list current. The same information with respect to Local UNION
officers must be provided by the Local UNION to the College/University
President. The UNION will also provide copies of its constitution and by-laws
or other governing articles and will keep these current.
B. Each State College/University agrees to furnish
to the UNION the names and addresses of all members of its Board of Trustees
and to keep this list current.
C. Each College/University agrees to furnish to the UNION
and the Local UNION by October 15 and March 15 of each year a register of the
employees covered by this Agreement. The register shall be in digital form
transmitted by e-mail. The information shall be in the form of an
Access file or an Excel file, with the following fields:
1. Last Name
2. First Name
3. Street Address
4. City
5. State
6. Zip
7. Title
8. Salary Range
9. Salary Step
10. Annual Base Salary
11. Department
12. FTE
13. Sabbatical Leave
14. Leave without Pay
15. Health Plan Option
16. Date of Hire
17. Unique employee identifying numbers
18. College/University Email Address
19. Pension Plan
The usage of the email system is subject to each College/University policy
and practice.
Each College/University agrees to furnish the following information to the
UNION by January 30 and July 30 of each year.
1. New Hires
2. Separations
3. Promotions, Range Adjustments,
Performance Based Promotions
4. Reclassifications
5. Change in Unit Status
Each College/University further agrees to provide the UNION with the job
description of each member of the professional staff covered by this
Agreement within two (2) months of the signing of this Agreement, and shall
provide an updated job description to the UNION within forty-five (45) days
after any substantive change. Job descriptions provided to the Union pursuant
to this section shall include both local title, if one exists, and generic
title.
D. 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 (l5) work
days, information which is relevant and necessary to the negotiating of
subsequent agreements; and to furnish all publicly available information
including published agendas and minutes of Boards of Trustees’ proceedings,
and such other 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.
E. 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.
ARTICLE IX
UNION-BOARD RELATIONS
A. 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 UNION, a responsible
administrative officer of the College/University shall be available to
discuss agenda items at a mutually agreeable time prior to such meetings.
Where the UNION makes specific request for written materials referred to in a
tentative agenda item and where such material is not confidential or
privileged and can be supplied in advance of the scheduled meeting within the
policies of a Board of Trustees, such material will be provided.
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 UNION within a week of adoption.
B. The Local UNION shall have the right to
designate a Local UNION observer, plus one additional person, to observe
public budget hearings conducted by the Board of Trustees or any committee of
the Board of Trustees of that College/ University.
C. The UNION shall have the right to speak at all public
sessions of each local Board of Trustees. A request for an allocation of time
on the agenda will be processed in advance and consistent with procedures of
the Boards. The UNION will be permitted to speak on any issue raised by a
Board but not on the agenda. Allocation of time to speak shall be prior to
final action by vote of a Board on the substantive issue under consideration.
The UNION may raise an issue of an emergent nature provided it occurred
subsequent to the time allowed for submission for placement on the agenda. In
such an event, the UNION shall be permitted to identify the issue, which a
Board shall receive as introduced and either accept as current business or
consider for future action.
D. The UNION shall have the right to appoint one employee
observer to each college-wide committee of each State College/University,
said observer being selected by a procedure established and administered by
the UNION.
E. Except for representatives designated by the UNION,
employees serving on committees at the Colleges/Universities dealing with
terms and conditions of employment shall not be considered to be
representatives of the UNION, nor shall their views be construed to represent
the views of the negotiating unit. This provision shall not be construed to
limit the other functions of persons serving on such committees as a result
of the operation of the governance process at any College/University.
ARTICLE X
UNION RIGHTS
A. The administration shall permit representatives
of the UNION to transact official business on College/University campuses
provided that this shall not interfere with or interrupt normal
College/University operations.
B. Bulletin Boards
The UNION shall have the right to post UNION notices on College/University
bulletin boards used for general purposes and/or those normally used to post
notices to employees. The posting area on each bulletin board shall include
up to fifty percent (50%) of the bulletin board but shall not exceed ten (l0)
square feet.
C. Distribution of Materials
1. The UNION shall have the right to use inter-office mail facilities to
deliver mail within a College/University.
2. Local Union agreements that were mutually agreed upon by the
State and the UNION to be negotiated at the local level and pertain to
college wide issues shall be posted on the College/University website.
D. Space and Facilities
It is understood and agreed that, upon request, the administration will
make available to the UNION an appropriate room for UNION meetings so long as
such does not in any way interfere with the normal operation of the
College/University. The administration shall also permit the UNION to use
designated College/University equipment which may include computer,
duplicating equipment, calculating machines and audio visual equipment at
reasonable times when such equipment is not otherwise in use.
The UNION shall pay the actual cost to the College/University of all
custodial maintenance and repairs and the materials and supplies incident to
such uses, including postage and telephone charges.
E. The Local UNION President or other officer designated
by the UNION shall be provided with a suitable private office on each campus.
In addition to the equipment normally provided to employees, this office will
have two additional chairs and an additional filing cabinet. Each of these
offices will also have a telephone and may include, at the option of the
College/University, a computer with network access, printer and upgrades on
all operating systems and software applications. All such upgrades shall be
in accordance with the College/University polices and standards. All
such equipment, operating systems and software applications shall be
maintained by the College/University, consistent with each College/University
policies and practice.
F. Whenever any representative of the UNION or any
employee is mutually scheduled by the parties during working hours to
participate in negotiations, grievance proceedings, conferences, or meetings,
such employees shall suffer no loss in pay or benefits and shall not be
required to make up time missed on an hour-for-hour basis (the latter
provision shall not apply where permission to re-schedule a class is given.)
G. l. The following UNION representatives
shall be granted priority in choice of schedules:
a. President of the CNJSCL
b. Secretary of the CNJSCL
c. Vice President of the CNJSCL
d. Treasurer of the CNJSCL
e. Legislative Representative of the CNJSCL
f. The Presidents of each of the State College/University Locals
g. One UNION representative designated by the UNION on each campus.
In no case shall the number receiving priority in choice of schedule on
any campus exceed three (3) nor shall more than one representative be
selected from any academic department or equivalent unit at any
College/University.
2. The President of the Council of New Jersey State College Locals,
AFT/AFL-CIO and one UNION representative designated on each campus will be
permitted to reduce his or her teaching load by one course per semester for a
maximum of eight (8) credits per academic year, provided that the UNION
reimburses the College/University for such reduction and released time at the
applicable overload or adjunct rate and provided that arrangements are
mutually agreed to between the President of the College/University and the
UNION. Absent compelling reasons to the contrary, UNION requests for approval
shall be honored by the College/ University.
3. Librarian or professional staff serving as the UNION’s President shall
be allowed to conduct UNION business during the work week as needed.
Each College/University and local Union President shall work out the details
regarding this arrangement. Librarian or Professional staff service as
Union President shall not have a negative impact on their reappointment
evaluation.
4. The primary responsibility of a Faculty, Professional or Librarian
serving as Union President or representative, as set forth in subparts 2 and
3 above, shall be to their position at the College/University. This
primary responsibility shall not suffer as a result of their performance of
UNION business.
H. The academic calendar at each College/University shall
be prepared in consultation with the Local UNION at such
College/University. The Local UNION shall be given an opportunity
to provide its views and a cooperative effort to resolve differences shall be
made prior to the adoption of the calendar. Final responsibility for the
academic calendar is a matter of academic judgment of each
College’s/University’s administration and Board of Trustees.
ARTICLE XI
EMPLOYEE RIGHTS
A. Meetings
Faculty or other employee meetings shall ordinarily be scheduled a week in
advance during the normal hours of operation of the College/University.
Special or emergency meetings may be called when required. Any such meetings
shall not be scheduled with unreasonable frequency.
B. Textbooks and other teaching materials shall be
selected by faculty members consistent with the resources, objectives and
procedures of the department or equivalent academic unit and the academic
program of the College/University.
C. Summer Session Contracts
1. Provided there is no time conflict, full-time employees shall have
priority consideration in appointments to teach regular summer session
courses within their individual competency, except in unusual circumstances.
2. Assignments to full-time employees to teach summer session courses
shall be voluntary and consistent with normal College/University procedures.
Such summer session assignments shall be distributed on an equitable basis.
3. Colleges/Universities will send out written summer session assignment
agreements to full-time faculty by April 1, which must be returned by April
15 unless other dates are established by local negotiations. Additional
assignments shall be offered as they become available. If an agreement
is made to assign a full-time employee to teach a summer session course which
is canceled, he or she shall have priority consideration for another available
teaching or non-teaching assignment within his or her competency. If
cancellation of a summer course assignment is likely, the affected full-time
employee shall be notified in advance.
4. For the purpose of this provision, full-time employees scheduled to
commence their initial faculty appointment at the beginning of the academic
year following the summer session shall be considered faculty members.
5. Salary for summer session assignments shall generally be paid on a
half- session basis or for periods of three (3) weeks if the session is six
(6) weeks or more, provided that the final payment shall not be made until
the completion of the session.
6. The summer session rate per semester hour credit for State
College/University employees for courses that begin on or after July 1, 2007
shall be established at the following minimum rate:
