A. 1. 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 the agenda items at a mutually agreeable time prior to such
meets. 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 the 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 (10) square feet.
C. Distribution of Materials
The UNION shall have the right to use inter-office mail facilities
to deliver mail within a College/University.
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
typewriters, duplicating equipment, calculating machines and audio visual
equipment at reasonable times when such equipment is not otherwise is
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 tot he equipment normally provided to employees, this office
will have two additional chairs and an additional filing cabinet. Each
of these offices will also have typewriter and a telephone.
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, conference, or meetings, such
employees hall 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 reschedule a class is given).
G. 1. 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/Unversity Locals |
g. One UNION representative designated by the UNION on each campus |
In no case shall the number of 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/Universities.
2. The President of the Council of New Jersey State College Locals,
AFT/AFL-CIO and on 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.
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 academic calendar
is a matter of academic judgment of each College'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 Colleg/University. Special or emergency meetings may be called when
required. Any such meetins shall not be scheduled with unreasonable
frequency.
B. Textbooks and other teaching materials shall
be selected by faculty members consistent with resources, objectives
and procedures of the department or equivalent acadmic unit and the
acadmic 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, her or she shall have
priority consideration of another available teaching or non-teaching
assignment within his of 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 shall be as follows:
Rank
|
Academic Year 2000
|
Academic Year 2001
|
Academic Year 2002
|
Professor, Assoc. Professor |
$750
|
$775
|
$800
|
Assistant Professor, Instructor |
$700
|
$725
|
$750
|
Librarian, Prof. Staff Employee |
$700
|
$725
|
$750
|
7. Employees who have not been reappointed for the succeeding
academic year are not covered by the provisions of Section C. If an
individual who is not reappointed for the succeeding academic year is
given a summer session contract, he/she will be treated as an adjunct
for the summer session and will have no rights under this Agreement
as a summer session employee.
8. At the discretion of each College/University, part-time
employees may be offered summer session courses. Interested part-time
employees should make application to the appropriate College/University
designee.
D. Full-time employees shall be advised by public notice
of courses within their individual competency which are being considered
for assignment on an overload or adjunct basis. Such employees shall
be permitted a minimum of five (5) calendar days within which to apply
to teach such course or courses on an overload basis except in unusual
circumstances. The requirement as to the five (5) day announcement shall
become inoperative seven (7) calendar days prior to the date classes
commence. The balance of courses offered on an adjunct versus overload
basis is an academic judgment to be made in consultation with the involved
department.
E. Vacancies
1. If public notice of a vacancy within the unit is to
be made, the College/University will inform the UNION in advance of
such publication.
2. Where an employee applies for an open position, he
or she shall be notified of the disposition of his or her application
prior to publication of the name of the successful applicant.
F. Identification Cards
Employees shall be provided with official identification
cards by the College/University at no cost to the employees.
G. Food Service
Employee dining facilities will be clearly designated.
Where such facilities do not exist, the Local UNION and the College/University
will jointly endeavor to provide such facilities. H. No employee shall
be required to join or refrain from joining any organization as a condition
of employment or retention.
I. Library Collections
There shall be no abridgment of access to library collections
for reasons of content or suitability. This paragraph shall not be construed
to interfere with sound principles of library management, such as the
protection of rare or valuable materials. Library acquisitions will
be made on the basis of educational judgment and budgetary limitations
and shall remain free of censorship.
J. 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.
K. Where employees are required to attend academic
functions such as convocation or graduation, the wearing of academic
regalia shall be at the option of the employee unless paid for or provided
by the College/University.
L. Faculty members assigned to teach in intersessions,
pre-sessions or summer sessions occurring in the month of June shall
be compensated for such assignments at the appropriate summer session
rate, or the overload rate, whichever is higher. For the purposes of
intersessions, pre-sessions or summer sessions occurring during the
period September 1 to June 30, the limitation on extra teaching assignments
for part-time faculty set forth in Section N shall apply.
M. The Colleges/Universities will not abrogate
the lawful rights of employees as to opening of their mail or the privacy
of their offices or personal belongings.
N. At the option of each College/University, part-time
professional staff and librarians may be permitted to teach courses
over and above the basic work load established in their employment contract.
The compensation for teaching such courses will be at the applicable
overload or summer school rate. No part-time employee will be permitted
to increase his/her workload to more than the equivalent of 3/4 of a
full load through extra teaching assignments.
ARTICLE XII
FACULTY RESPONSIBILITIES
A. 1. Institutional responsibilities of the faculty
shall include teaching responsibilities and other responsibilities as
defined below. The basic academic year teaching load shall be assigned
over thirty-two (32) weeks of instruction and shall occur during the
period of payment which commences September 1 and ends on June 30, and
may not exceed such thirty-two (32) week period unless otherwise agreed
to by the concerned faculty member.
2. a. After consultation with the Local UNION, a College/University
may begin classes up to one calendar week prior to September 1, in which
case the commencement of the period of payment for 10-month employees
may be advanced pursuant to negotiations with the Local UNION, subject
to the proviso that the period of payment shall not commence prior to
the beginning of classes. When there is an advancement, the end of the
period of payment shall be correspondingly advanced such that the annual
salary will be distributed over the same number of days as it would
have been had there been no advancement, and the second part of the
across-the-board salary increase for the fiscal year shall be advanced
so that affected employees receive the same annual compensation as they
would have received had there been no advancement.
b. Policies and practices at a College/University granting
(or not granting) compensation for employees performing duties prior
to the beginning of classes shall not be affected by the application
of this Subsection.
B. Teaching Responsibilities
1. The basic academic year teaching load for full-time
faculty shall be twenty-four (24) teaching credit hours. All overload
for full-time faculty shall be voluntary and overload rates shall be
paid for all voluntary teaching assignments beyond twenty-four (24)
teaching credit hours. No full-time faculty member may be assigned more
than fifteen (15) teaching credit hours per semester within load. The
teaching load for part-time faculty shall be a minimum of one half the
teaching load for full-time faculty.
2. a. The teaching assignment of a faculty member
shall not require more than three (3) different course preparations
in any semester, except where it can be demonstrated that the course
offerings and class sections in a department cannot reasonably be scheduled
on this basis, or where a faculty member's schedule includes one or
more two (2)-student-credit-hour courses. Under such circumstances one
additional course preparation may be assigned.
b. It is recognized that one-student-credit-hour
courses and activities such as, but not limited to, supervision of or
instruction in independent study, internships, practice teaching, studio
or physical activity programs do not lend themselves to computation
of numbers of preparations under Subparagraph (a) above. However, it
is recognized that every effort will be made when assigning such activities
to arrive at an overall assignment of responsibilities which substantially
and equitably equates to the model set forth in Subparagraph (a).
Disputes concerning this subparagraph may be submitted
to binding arbitration pursuant to Article VII. In the event that a
violation is found, the remedy shall be the award of a payment equal
to one overload credit for each additional preparation found to have
been improperly imposed.
3. Overload compensation shall be at the following
rates per teaching credit:
Title
|
FY 2000
|
FY 2001
|
FY 2002
|
FY 3003
|
Professor, Assoc. Professor |
$775
|
$775
|
$800
|
$800
|
Assistant Professor, Instructor |
$725
|
$725
|
$750
|
$750
|
Librarian, Professional Staff |
$725
|
$725
|
$750
|
$750
|
4. Definitions
a. Student credit hours are defined as: the number
of credit hours earned by a student successfully completing a given
course.
b. 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.
c. Teaching credit hours are defined as:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
5. 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.
a. 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.
b. 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.
6. 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.
7. Assignment of non-teaching duties within load for any
faculty member, for any purpose, is a matter of academic/managerial
judgment of the College/ University. The President, or his or her designee,
prior to the commencement of each semester, and prior to the allocation
of non-teaching assignments to various purposes and individual faculty
members, will consult with the UNION as to such allocations and the
contemplated manner of selecting individual faculty members who will
receive them. In the event that any faculty member feels that he or
she is being treated in a inequitable manner in regard to alternate
assignments within load, he or she may bring the matter to the attention
of the President, who either in person or through a designee will conduct
a prompt administrative review of the matter.
C. Other Responsibilities
Faculty responsibilities which have been traditionally
performed by the faculty and are reasonable and consistent with sound
academic practice shall be continued consistent with previous practice.
Disagreements concerning their specific nature shall be resolved by
the Local UNION and the College/University. These responsibilities shall
be performed within the academic year, provided that assignments outside
the thirty-two (32) weeks of instruction referred to above shall not
be made individually or collectively on an inequitable basis.
D. Outside Employment
1. All regular and continuing outside employment shall
be reported to the President no later than promptly upon acceptance
and thereafter on an annual basis.
2. The reporting form shall be completed by the employee
and shall include the following information:
a. Name of Employee |
b. Name of outside employer |
c. Description of work to be performed |
d. Normal hours and dates of work and any anticipated exceptions;
and |
e. Licenses or special requirements necessary to perform the duties
involved. |
ARTICLE XIII
APPOINTMENT AND RETENTION OF EMPLOYEES
A. Appointment and reappointments of employees
shall be made by the Board of Trustees of each College/University upon
the recommendations of the President. Appointments and reappointments
of employees are subject to the availability of funds and proper recording.
B. 1. When a prospective employee is offered initial
appointment or reappointment, he or she shall be provided with a letter
of appointment or reappointment contract. The letter of appointment
or reappointment contract shall include:
a. The name of the employing College/University |
b. The dates for which the appointment or reappointment is effective |
c. The title of the position |
d. The salary rate |
e. A list of the field or fields in which he or she is expected
to teach or work. |
2. Prospective initial appointees and reappointees shall
also be provided with a copy of this Agreement and a copy of the local
employee handbook, if any. When a prospective employee accepts his/her
appointment, the College/University shall provide the UNION with such
employee's name, address and telephone number.
3. Upon commencing employment, each new employee
shall be provided with a copy of the current salary schedule.
4. Letters of appointment of employees initially
appointed for two or three years shall state that the employee will
be subject to the regular annual evaluation procedures as set forth
in this article.
C. Notice of reappointment or non-reappointment
of full-time employees governed under the tenure provisions of N.J.S.A.
18A:60-6, et seq., shall be given in writing not later than March
l of the first and second academic years of service and not later than
December 15 of the third, fourth and fifth years of service. When a
full-time faculty member is hired at mid-year, unless the individual
is appointed to replace someone on leave or in a bona fide emergency,
notice of reappointment or non-reappointment for the next full academic
year shall be given in writing not later than April 15.
D. Full-time employees appointed to replace persons
on leave or on bona fide emergencies shall be informed in their letter
of appointment contracts that they will not be considered for reappointment;
however, such employees shall be subject to normal evaluation procedures
up to and including the first level of administrative review. Such appointments
may be for one-year or half-year periods.
If an opening develops at the College/University for which
the employee is eligible, he/she may apply, and the material developed
in the aforesaid evaluation procedures will be considered along with
any additional information the employee presents.
If employment extends beyond one (1) academic year, such
employees will be on a normal contract and will be considered for reappointment
in the normal manner unless reappointed to replace an employee on leave
or to fill a position where there was no bona fide affirmative action
search or to fill a grant-funded position. An employee may serve a third
year on a XIII.D appointment only if reappointed to replace an employee
on leave or to fill a grant-funded position. In no event will an employee
be on a XIII.D appointment beyond three years.
E. Full-time employees other than those governed
by Paragraphs C and D above shall receive a minimum of one hundred and
twenty (l20) days written notice of non-reappointment if employed for
less than two (2) full years at the time of giving of the notice and
one hundred and ninety-five (195) days written notice of non-reappointment
if employed for more than two (2) full years at the time of the giving
of the notice.
F. A full-time faculty member assigned full-time
responsibility for one-half (½) of an academic year shall be paid one-half
(½) of the academic year salary of the rank and step at which he or
she has been hired and shall be accorded the privilege of faculty status.
G. Individual letter of appointment and reappointment
contracts for full-time employees shall be for a period of one (1) year
except for a) normal one-semester appointments made at mid-year, b)
one-semester appointments made pursuant to Section D above, c) "multi-year
contracts" as provided in N.J.S.A. 18A:60-6, et seq., as applied
to professional staff, and d) initial appointments for a period of two
or three years. Election of non-tenured department chairpersons shall
not convey employment beyond the letter of appointment or reappointment
contract in effect.
H. In the event a full-time employee serving under
a "multi-year contract" is given notice of non-renewal under the terms
of N.J.S.A. 18A:60-6, et seq., at the request of the employee, the College/University
giving such notice shall provide written reasons for its decision.
I. Full-time employees serving under one (l)-year
appointments or reappointments who are notified of non-reappointment
shall, at the written request of the employee, be provided with written
reasons for such decision by the College/University.
J. The procedures for appointment and reappointment
of employees utilized in the College/University, if universally applicable,
or in the division, department or similar unit in which the employee
is employed, shall be fairly and equitably applied to all candidates.
The procedures shall provide for consideration based on criteria established
by the College/University, appropriate to the College/ University and
the work unit. The current and applicable procedures including a statement
of such criteria shall be provided in written form for the understanding
of all affected employees. Reappointment procedures and notice requirements
for full-time employees with less than three years service shall apply
to part-time employees with more than two consecutive years of service.
For part-time employees with two consecutive years of service or less,
the procedures in effect at the time of the execution of this agreement
will apply. However, reappointment procedures and notice requirements
applicable to part-time employees may be modified by agreement between
the Local UNION and the College/University. If these procedures are
not in written form, they will be reduced to writing and a copy will
be provided to each affected employee. This provision shall not be construed
as a waiver of the Colleges'/Universities' right to appoint and reappoint,
under procedures set by the Colleges/Universities, employees not included
in the negotiating unit. The Colleges/Universities, however, recognize
the value of peer consultation and except in unusual circumstances will
consult with the involved department concerning the procedures to be
used in any particular case. A full-time faculty member who is appointed
at the College/University for two or three years upon initial hire will
be subject to a performance review on an annual basis pursuant to normal
reappointment review procedures in the normal evaluation cycle. Recommendations
for reappointment will only be made during the third-year evaluation
process.
K. Final recommendations for appointment of full-time
employees governed under the tenure provisions of N.J.S.A. l8A:60-6,
et seq., shall be made to the President no later than February
l5 of the first and second academic years of service and not later than
December l of the third, fourth and fifth academic years of service.
Where practicable final recommendations shall be made for other full-time
employees on a similar timetable.
L. Individual Letter of Appointment or Reappointment
Contracts
Any individual letter of appointment or reappointment
contract between a College/University Board of Trustees 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, during its duration, shall be controlling.
M. Full-time employees who are employed under a
grant may be terminated during the term of their contracts if the grant
money runs out by giving them sixty (60) days notice. This termination
is not a retrenchment within the meaning of the Agreement, the Administrative
Code, or statutes, nor is it subject to such provisions. Such employees
will be notified in their letter of appointment and reappointment contracts
that their employment is contingent on continuation of grant funding.
Part-time employees on grants are not included in the unit.
N. The dates set forth in this Article may be
changed by local agreement except where the dates are required by statute.
ARTICLE XIV
PROMOTIONAL PROCEDURE
A. Full-time faculty members whose qualifications
meet or exceed the requirements for a higher academic rank shall be
eligible for promotional consideration to that rank. Faculty members
who are promoted shall advance four (4) salary ranges. Their new salaries
shall be computed pursuant to Article XXII, Section C.1.
B. An eligible full-time faculty member may make
written application for promotional consideration on or before November
l. The application may be accompanied by any substantiating documentation
which the individual cares to submit. Nomination of a full-time faculty
member for promotional consideration may be made by other than the individual.
C. The procedures for promotional consideration
utilized in the College/University, if universally applicable, or in
the division, department or similar unit in which the faculty member
is employed, shall be fairly and equitably applied to all applicants
and nominees. The procedures shall provide for consideration based on
criteria established by the College/University, appropriate to the College/University
and the work unit. The current and applicable procedures, including
a statement of such criteria, shall be provided in written form for
the understanding of all affected faculty members. This provision shall
not be construed as a waiver of the Colleges'/Universities' right to
promote, under procedures set by the Colleges/ Universities, employees
not included in the negotiating unit. The Colleges/ Universities, however,
recognize the value of peer consultation and except in unusual circumstances
will consult with the involved department concerning the procedures
to be used in any particular case.
D. At each College/University the committee charged
with the final evaluation of promotion applications will be informed
by the President or his or her designee of the number of promotions
available at the various ranks for that unit or the College/University
as a whole, and will submit its recommendations to the President or
his or her designee. Should the President decide to make a recommendation
for promotion to the Board of Trustees which is inconsistent with the
recommendation of the final committee, he or she shall provide the committee
with his or her reasons for that action.
E. Final recommendations shall be made to the President
on or before February l and shall include all pertinent information
concerning the applicant.
F. The final recommendations shall be made known
to any applicant or nominee in writing within two (2) days after submission
to the President.
G. Within seven (7) days after receipt of the final
recommendation to the President a faculty member may initiate a grievance
at Step One concerning the application based on an allegation that,
after timely filing of his or her application, the promotional procedure
was violated or that there was a breach of the rights of the faculty
member set forth in Article II concerning discrimination or in Article
V concerning academic freedom. Such a claim, if sustained, will result
in reprocessing of the application on an expedited basis. A final recommendation
in such case shall be made to the President not later than March l.
H. Recommendations of the President to the Board
of Trustees and the decisions of the Board shall be delivered in writing
to the candidate by March l5.
I. The dates established in this Article for the
promotional process may be changed by local agreement.
J. Promotional procedures, including the above
procedures, are not applicable to part-time employees, but they may
be appointed/reappointed to a higher title.
ARTICLE XV
RESIGNATION, REASSIGNMENTS, RETIREMENT
A. Resignation
Employees have an obligation in the matter of resignation.
Except in the case of resignation for health or other reasons beyond
the control of the employee, it is expected that he or she shall continue
to serve until the completion of the academic year or for the term of
his or her appointment.
B. Reassignments
1. If a reassignment of a full-time employee is to be
made between departments of a College/University, each individual department
shall be consulted regarding relevant departmental matters. The College/University
shall then determine which individuals are qualified for reassignment
and provide them with an opportunity to apply. The College/University
will reassign one of the qualified applicants. If none of the qualified
employees apply for reassignment, the College/University may reassign
one of the qualified individuals on an involuntary basis.
2. A full-time employee who is reassigned involuntarily
shall be given one semester's advance notice except in unusual circumstances,
but in no event shall such employee be given less than forty-five (45)
days' notice. Part-time faculty who are reassigned involuntarily between
departments shall be given ninety (90) days' notice except in unusual
circumstances, but in no event shall they be given less than forty-five
(45) days' notice.
3. A full-time employee who has been involuntarily reassigned
shall be given priority consideration for Career Development funds when
such assistance is warranted in making a transition.
4. Part-time professional staff employees and librarians
may be moved during their employment contracts within and between departments
and from one job title to another.
5. The provisions of this section, except for the requirement
of consultation, shall apply to a librarian who is reassigned from one
division, department or branch of the library to another and to a position
requiring demonstrably different training or credentials for which prior
preparation is required in order to perform the duties of the new position.
6. The provisions of this section, except for the
requirement of consultation, shall also apply to a member of the professional
staff who is reassigned from one administrative office (e.g., admissions,
registration, EOF) to another and to a position requiring demonstrably
different training or credentials for which prior preparation is required
in order to perform the duties of the new position.
C. Retirement
Conditions of retirement are set forth in the statutes
governing the Teachers' Pension and Annuity Fund, the Alternate Benefit
Program or the Public Employees' Retirement System, as may apply.
ARTICLE XVI
PROFESSIONAL STAFF
A. 1. This Article shall apply to all members of
the unit except teaching faculty, librarians, Demonstration Teachers
and Demonstration Specialists-A. Harry Moore School.
2. Whenever a new title is created, or an existing
title is changed in the unclassified service in the State Colleges,
the State shall assign to such title a unit designation, if appropriate.
The State will notify the UNION in writing of such unit designation
or elimination of title from the negotiations unit thirty (30) days
prior to the effective date thereof. Upon request, the State will provide
the UNION with a job specification for each new or changed title, where
available, if there is a reasonable basis to believe that the title
should be included in the unit. If requested in writing, the State will
discuss any such designation with the UNION. In the event the parties
cannot reach agreement following such discussions, the dispute may only
be submitted to the Public Employment Relations Commission for resolution
consistent with its rules and regulations.
B. 1. The normal scheduled hours of work
shall not involve split shifts.
2. Professional Staff employees who are released from
their regular duties to attend work?associated meetings and conferences,
to participate in UNION activities as provided in Article X.F, or to
participate in professional improvement programs which include, but
are not limited to, activities such as courses and seminars, shall not
be required to make up the time missed.
C. Reassignment
1. Reassignment is the movement of an employee from one
job assignment to another within such employee's job classification
(title) into another unit or department of the College/University.
2. When an employee is reassigned, such employee's salary
shall not be reduced below that which he/she would have received had
he/she continued his/her original position during the period of the
employee's current employment contract.
D. Out-of-Title Work
1. Professional Staff employees shall be assigned work
appropriate to and within their job description as prescribed by the
College/University.
2. The practice of assigning out-of-title work to employees
on other than an incidental basis shall be avoided. Instances of out-of-title
work identified by the UNION and formally brought to the attention of
the College/University shall be corrected immediately or by phasing
out such assignment at the earliest time, which shall in any case be
no later than ninety (90) days from the time of notification by the
UNION. All disputes as to whether the work is within the job description
pertaining to the employee(s) involved shall be resolved by appeal pursuant
to applicable statute. All disputes concerning the phasing-out period
shall be resolved through the grievance procedure.
3. Where out-of-title work assignments are made for longer
than one (1) month, full-time employees deemed capable of performing
the work, where available, shall be given the opportunity to assume
such higher out-of-title work in the work unit and shall have the right
to refuse such assignments based on job classification seniority. Where
such assignments are readily identifiable by the College/ University,
the eligible employees concerned shall be notified and a copy of the
notification shall be given to the UNION.
E. Performance-Based Promotions
Full-time professional staff employees who meet or exceed
the criteria for performance-based promotion are eligible to be considered
for such promotions, which consist of advancement to the next higher
title in the employee's title series. The next higher title for Program
Assistants will be Professional Services Specialist IV. The criteria
for performance-based promotion will be established by the College/University
President and provided in written form for the understanding of all
affected employees. An eligible full-time professional staff employee
and/or the employee's out-of-unit supervisor may submit written application
setting forth justification for promotion to the College/University
president or designee thereof. The College/University President shall
determine whether a promotion shall be granted.
F. Career Opportunities/Structural Promotions
1. Full-time professional staff employees are eligible
for career opportunities, which occur when there is a vacancy in a professional
staff position at a higher level for which they are qualified. The procedures
for career opportunities, including those set forth below, are not applicable
to part-time employees, but such employees may be appointed/reappointed
to a higher title. If there is an external search, part-time employees
may apply for the career opportunity.
2. Announcements, Applications, Recommendations
a. Announcement by the President or designee of the intention
to fill a position shall activate the process.
b. The President or designee will indicate whether applicants
for the position will be recruited only internally or whether there
will be simultaneous internal/external recruitment. If there is a determination
that the applicants will be recruited only internally, the position
announcement will so indicate. An initial decision that applicants will
be recruited only internally shall not later preclude the College/University,
after reviewing the internal applicants, from advertising the position
externally.
c. The announcement of the career opportunity will include
a description of the position, expected educational and professional
requirements, the salary range for the position and the name of the
appropriate administrator who will receive applications from interested
internal candidates.
d. The announcement of the career opportunity will be
posted for a period of at least ten (10) working days where personnel
notices are normally placed at the College, and will be included in
the house organ. At the time the announcement of the career opportunity
is posted a copy will be sent to the Local UNION President.
e. Professional staff employees may apply for an announced
career opportunity within the time specified on the announcement. The
application may be accompanied by any substantiating documentation which
the individual cares to submit.
f. All qualified internal candidates will receive an interview
for the career opportunity.
g. Each internal candidate will be notified in writing
of the President's or designee's decision with respect to his or her
candidacy. This decision will indicate that:
1) the applicant has been offered the position, or
2) the applicant has not been offered the position, or
3) the position will now be advertised externally
and he or she will continue to be considered for the position together
with external candidates.
h. All career opportunities are subject to the affirmative
recommendation of the President and the approval of the Board of Trustees.
G. Reclassification
1. A substantial increase in job responsibilities
in an existing position held by an employee may make the position eligible
for a position reclassification review. Professional staff employees
may apply to the first level non-unit supervisor for a position reclassification
whenever there is a substantial increase in their assigned job responsibilities.
2. At each College/University, the procedures for position
reclassification review shall provide for completion of the process
and transmission of a final determination to the affected employee within
ninety (90) days from the date of submission of the employee's application.
Waivers of the deadline in particular cases may be agreed to by the
College/University and the Local UNION. Reasonable requests for waivers
will be granted.
H. Staff Meetings
There shall be periodic staff meetings with the appropriate
unit director. Professional staff members may suggest items for inclusion
on the agenda of such meetings.
I. Each professional staff position shall have
a job description, which shall be included in the personnel file of
the employee.
J. The procedures governing career opportunities,
reclassification and job reevaluations shall be available for review
in the College/University Office of Human Resources. If and when a new
handbook is published at any College/University, such procedures shall
be included therein.
K. With the approval of the appropriate supervisor,
qualified full-time professional staff may be permitted to teach courses
on an overload basis, if such teaching does not interfere with the primary
responsibility of the individual and if it does not violate the provisions
of Article XI. C. Such permission shall not be arbitrarily or capriciously
withheld. At the option of the College/University and with the approval
of the supervisor, qualified part-time professional staff may be permitted
to teach courses on an overload basis if such teaching does not interfere
with the primary responsibility of the individual and if it does not
violate the provisions of Article XI. N.
L. In addition to participating in the Career Development
Program as set forth in Appendix II, full-time professional staff may
make application for paid leave of up to one semester for the purpose
of personal development aimed at improving professional skills mutually
beneficial to the College/University and the employee. These leaves
shall be funded at three-quarters (3/4) salary. There shall be a statewide
total of twenty-four (24) such leaves in each fiscal year of the Agreement.
There shall be no carry-over of such leaves from one fiscal year to
another.
After consultation with the Local UNION, the College/University
will publish the criteria for the standards by which the proposals will
be reviewed and approved. Each applicant will submit a written proposal
to the appropriate supervisor, who will review it and make a recommendation
to the unit director. The director will in turn submit the supervisor's
recommendation and the director's own independent recommendations to
the President or designee thereof, who may approve or disapprove the
proposal, or accept it in modified form.
M. The provisions of Article XVII.F shall be applicable
to members of the professional staff for which parallel 10-month titles
exist.
N. The applicable career opportunity and promotion
procedures shall be fairly and equitably applied to all internal candidates.
O. Article VII of the Agreement shall apply to
career opportunities and promotions under the same terms and limitations
as such Article applies to faculty promotions.
ARTICLE XVII
LIBRARIANS
A. Initial Appointments
1. The initiation and coordination of search activities
for prospective new appointees to the library shall be the responsibility
of the Director or his or her designee, who shall keep the Personnel
Committee informed of these activities. The Director may discuss with
the Personnel Committee the professional criteria to be fulfilled by
any candidates, and may request that the Personnel Committee interview
candidates.
2. If the Committee is requested by the Director to interview
candidates, the Committee and the Director shall cooperate in arrangements
for personal interviews. No travel expenses will be authorized without
the prior approval of the College/University official responsible for
such matters in the normal course of College/University procedures.
3. If the Committee is requested to review the pool of
candidates, the Committee shall transmit its recommendations to the
Director who shall transmit the Committee's recommendations, along with
the Director's own recom- mendation, to the appropriate Vice President
and the President for ultimate recommendation to the Board of Trustees.
B. Promotions
1. Promotional procedures, including those set forth below,
are not applicable to part-time employees, but such employees may be
appointed/reappointed to a higher title.
2. Announcement by the President of the availability of
a promotion to a Librarian II or Librarian I position shall activate
the promotion and Personnel Committee process. The President shall indicate
in his or her announcement whether the available promotion or promotions
may be considered upon the basis of personal growth or whether the available
promotion or promotions are to fill a particular need in the library.
3. Promotions which may be considered on the basis of
personal growth, if any, will be announced at the same time as the announcement
of available faculty promotions are made. Available structural promotions
will be announced as deemed necessary by the President.
4. Full-time Librarians whose qualifications meet or exceed
the requirements for Librarian II or Librarian I may apply for announced
growth promotions by November l, and for announced structural promotions
within the time specified in the announcement. The application may be
accompanied by any substantiating documentation which the individual
cares to submit. Nomination of a librarian for promotional consideration
may be made by other than the individual.
5. The Personnel Committee's recommendations on any promotion
or promotions shall be in rank order from the highest (number l) to
lowest. There shall be separate lists ranking candidates for each available
structural promotion. There shall be one overall list ranking all candidates
for any available growth promotions. The final recommendations of the
Personnel Committee shall be made to the Director on or before February
1 for any available growth promotions and within thirty (30) days of
the application closing date for structural promotions. The requirements
that there be a ranking may be waived by local agreement.
6. Article VII of this Agreement shall apply to this Article
under the same terms and limitations as such Article applies to faculty
promotions. Article XIV.G shall also apply.
7. All promotions are subject to the affirmative recommendation
of the President and the approval of the Board of Trustees.
C. Concurrent Academic Rank
The following are the rank equivalencies for full-time
Librarians I, II and III:
State College/University Payroll Title
|
Concurrent Academic Rank
|
Librarian I
|
Assistant Professor in the Library |
Librarian II |
Assistant Professor in the Library |
Librarian III |
Instructor in the Library |
D. Library Personnel Committee
1. Each College/University shall establish a Library Personnel
Committee consisting of full-time librarians included in the negotiations
unit, elected by such librarians. As a matter of local agreement between
each Local UNION and each College/University, such Personnel Committee
may include the Director of the Library or his or her designee as a
non-voting member of such Personnel Committee.
2. The Personnel Committee shall evaluate full-time librarians
within the negotiating unit for reappointment or promotion within the
negotiating unit and such recommendations shall be made to the Director
of the Library, who will in turn submit the recommendations of the Committee
and the Director's own independent evaluations and recommendations,
if any, to the appropriate Vice President and the President for ultimate
recommendation to the Board of Trustees.
E. Staff Meetings
There shall be, at minimum, quarterly staff meetings of
librarians in the negotiating unit and other professionals assigned
to the library with the Director of the Library to inform, consult and
advise on matters of concern to the library. Such unit members may suggest
items for inclusion on the agenda of such meetings. Such matters of
concern may include discussion of the general structure of the library.
F. Change in Status, Librarians
1. a. Full-time librarians may make written application
to the President of the College/University, or his or her designee,
for a one-year change in status from twelve-month employment to ten-month
employment.
2. Such application shall be made by May 1 of the fiscal
year prior to the year in which the change is requested. The President
may approve the change in status, at his or her discretion, based upon
the needs and work pattern of the library, and such approval shall not
be unreasonably withheld.
3. In the event the change in status is approved, the
employee shall be off the payroll from July 1 to August 31 of the fiscal
year following the request. The employee will return to the payroll
upon reporting on September 1.
4. Accrued vacation time or sick leave may not be utilized
during the period when the employee is off the payroll.
G. The scheduled hours for librarians shall not
involve split work periods, other than those provided for meals, except
as may be required by unanticipated needs or for periods of special
activity.
H. Employees who are released from their regular
duties to attend work-associated meetings and conferences, or who participate
in union activities as provided in Article X.F, or who participate in
professional improvement programs which include but are not limited
to activities such as courses and seminars, shall not be required to
make up the time missed.
I. With the approval of the appropriate supervisor,
qualified full-time librarians may be permitted to teach courses on
an overload basis if such teaching does not interfere with the primary
responsibility of the individual and if it does not violate the provisions
of Article XI.C. Such permission shall not be arbitrarily or capriciously
withheld. At the option of the College/University and with the approval
of the supervisor, qualified part-time librarians may be permitted to
teach courses on a overload basis if such teaching does not interfere
with the primary responsibility of the individual and if it does not
violate the provisions of Article XI.N.
ARTICLE XVIII
DEPARTMENT CHAIRPERSONS
A. Department Chairpersons shall be elected by the members
of the department and appointed by the President and shall serve for
a term of three (3) academic years. Prior to the initiation of this
process, the President or his/her designee shall meet with a committee
of the department to address concerns, if any, regarding the departmental
procedures, and to consult concerning the criteria for selection. In
the event individuals from outside the department are to be nominated,
the Faculty Committee and all voting members of the department shall
be provided with comprehensive, relevant information regarding those
candidates' qualifications.
B. In the event that the President rejects an elected
individual, the President or his/her designee must deliver his/her reasons,
either formally in writing or informally in person, to the department
at a meeting called for that purpose. The department will then hold
another election as soon as practicable.
C. The Faculty Committee referred to above shall consist
of five (5) members of the involved department elected by the membership
of the department, unless the involved department consists of five (5)
or fewer members, in which case the Faculty Committee shall consist
of all the members of the involved department.
D. Those department chairpersons serving as of the date
of the execution of this Agreement shall complete their term. Terms
of office begin on July l. Elections occur in the spring of the preceding
academic year and shall normally be completed by April 30.
E. Nothing contained herein shall be construed to limit
the right of a President to appoint an acting department chairperson
pending the completion of the procedures set forth.
F. This Article does not apply to Thomas A. Edison State
College, Stockton State College, or part-time employees.
ARTICLE XIX
HEALTH BENEFITS PROGRAM, PRESCRIPTION DRUG PROGRAM,
DENTAL CARE PROGRAM, EYE CARE PROGRAM AND MAINTENANCE OF BENEFITS
A. The State Health Benefits Program is applicable to
full?time employees covered by this Agreement.
1. The State Health Benefits Program includes Traditional
Indemnity, Managed Care/Point of Service (NJ PLUS), and HMOs approved
by the State Health Benefits Commission; employees will have the option
on the open enrollment dates of selecting one plan. If both spouses
are active State employees and eligible to participate in the State
Health Benefits Program, the couple may choose only one HMO family policy.
2. a. The State of New Jersey Managed Care/Point of Service
(NJ PLUS) will remain without any premium payment during the term of
this Agreement.
b. Effective July 1, 2000, employees who elect coverage
in the Traditional Plan shall pay 25% of the cost of the premium of
that Plan as established by the State Health Benefits Commission. The
premium sharing provisions set forth in the 1995 to 1999 Agreement for
the Traditional Plan shall remain in effect through June 30, 2000.
c. Effective July 1, 2000, employees who elect coverage
in an HMO Plan shall pay 5% of the cost of the premium of that Plan
as established by the State Health Benefits Commission. The approved
HMO Plans shall remain without any premium cost from July 1, 1999 through
June 30, 2000.
3. Active employees will be able to use pre-tax dollars
to pay contributions to health benefits under a Section 125 premium
conversion option. All contributions will be by deductions from pay.
4. Effective January 1, 1996, consistent with law, the
State will no longer reimburse active employees or their spouses for
Medicare Part B premium payments.
B. The STATE will extend to a maximum period of ninety
(90) days the health insurance coverage for eligible employees and their
covered dependents enrolled in the STATE Health Benefits Program upon
exhaustion of such employee's accumulated sick and vacation leave and
who are granted an approved sick leave without pay with the cost being
paid as herein provided above.
C. In those instances where the leave of absence (or an
extension of such leave) without pay is for a period of more than ninety
(90) days, the employees may still prepay Health Benefits premiums at
the group rate provided to the STATE for the coverage provided in Paragraph
I for the next two hundred seventy (270) days of the approved leave
of absence following the period of ninety (90) days paid for by the
STATE as provided in the paragraph above.
D. Prescription Drug Program
It is agreed that the STATE shall continue the Prescription
Drug Benefit Program during the period of this Agreement. The Program
shall be funded and administered by the STATE. It shall provide benefits
to all eligible full?time unit employees and their eligible dependents.
Each prescription required by competent medical authority for Federal
legend drugs shall be paid for by the STATE from funds provided for
the Program subject to a deductible provision which shall not exceed
$5.00 per prescription or renewal of such prescription unless otherwise
provided by legislation and shall be subject to specific procedural
and administrative rules and regulations which are part of the Program.
Each employee shall be provided with an authorization
and identification card, a list of the participating pharmacies in the
Program and a brochure describing the details of the Program. It is
further agreed that the brochure shall incorporate on its title page
the joint STATE and UNION initiatives and participation in this Program.
The authorization and identification card shall include the UNION identification
and emblem(s). The UNION shall have the opportunity to attach an explanatory
letter when such cards are delivered to the employees.
E. Dental Care Program
It is agreed that the STATE shall continue the Dental
Care Program during the period of this Agreement. The program shall
be administered by the STATE and shall provide benefits to all eligible
full?time unit employees and their eligible dependents.
Participation in the Program shall be voluntary with a
condition of participation being that each participating employee authorize
a bi-weekly salary deduction not to exceed 50% of the cost of the type
of coverage elected; e.g., individual employee only, husband and wife,
parent and child or family coverage.
There shall be only one opportunity for each eligible
employee to enroll and elect the type of coverage desired, and, once
enrolled, continued participation shall be mandatory.
Each employee shall be provided with a brochure describing
the details of the Program and enrollment information and the required
forms.
Participating employees shall be provided with an identification
card to be utilized when covered dental care is required.
Employees have, in addition to the program outlined above,
an option to participate in one of the current Group Dental Programs
that provide services through specific dental clinics and which will
continue during the term of this Agreement with the understanding that
the providers comply with their contractual obligations to the State.
Participation in any of the various Group Dental Programs shall be voluntary
with a condition that each participating employee authorize a bi-weekly
salary deduction not to exceed 50 percent of the cost of the coverage
for a one year period. Employees will be able to enroll in only one
of the available programs or in no program at all.
F. Eye Care Program
It is agreed that the STATE shall continue the Eye Care
Program during the period of this Agreement. The Program shall be administered
by the STATE and shall provide benefits to all eligible full-time unit
employees and their eligible dependents (spouse and unmarried children
under twenty-three (23) years of age who live with the employee in a
regular parent-child relationship). The extension of benefits to eligible
dependents shall be effective only after the employee has been continuously
employed for a minimum of sixty (60) days.
The Program shall provide for eligible full-time employees
and eligible dependents as defined above to receive a $35 payment for
prescription eyeglasses with regular lenses and a $40 payment for such
glasses with bifocal lenses.
Full-time employees and eligible dependents as defined
above shall also be eligible for a maximum payment of $35 or the cost,
whichever is less, of an eye examination by an ophthalmologist or an
optometrist.
Proper affidavit and submission of receipts are required
of the employee in order to receive payment. Each eligible employee
and dependent may receive only one payment for glasses and one payment
for examinations during the period from July 1, 1999 to June 30, 2001,
and one payment for glasses and one payment for examination during the
period from July 1, 2001 to June 30, 2003. The forms to be filled out
by the employee for payment shall identify both the STATE and the Union,
but shall be submitted directly to the College where the employee is
employed.
G. Maintenance of Benefits
The fringe benefits heretofore provided to full-time employees
in this negotiating unit, such as the Health Benefit Program, Life Insurance,
and the like, shall remain in effect without diminution during the term
of this Agreement unless otherwise modified herein.
This Agreement is not intended to diminish the salary
now paid to an employee who continues in the employment of the STATE
whose status continues unchanged.
ARTICLE XX
COMPENSATION FOR OUTSIDE-FUNDED ACTIVITIES
A. In the event that a College/University offers academic
programs or services which are funded from sources other than those
specifically provided for the College/University in any STATE appropriations
act, or in the event that the College/University approves acceptance
of a grant initiated by an employee, the President of the College/University
will allow each authorized employee to receive compensation therefrom
up to thirty percent (30%) of his or her base salary or $18,000, whichever
is greater.
B. Compensation for work described in Paragraph A above
may not exceed the amount of moneys provided to the College/University
from funding sources for salaries or the amount or rate of compensation
established in funding guidelines.
C. Where compensation is received by an employee for employment
under academic programs or services which are funded from sources other
than those specifically provided for the State College/University in
any STATE annual appropriations act, such compensation shall be at the
rate established for overload compensation or at a higher rate, at the
option of the STATE. The STATE shall not unreasonably deny an employee
a rate of compensation higher than the overload rate where outside funds
are available for such purpose.
D. Notwithstanding Paragraph A above, nothing herein shall
be construed to limit the discretion of the College/University to assign
alternate assignments within load to an employee either in lieu of,
or in combination with, the compensation set forth in Paragraph A above.
Alternate assignments within load are not limited by the monetary limitations
set forth under Paragraph A above.
E. Prior to submission of a grant application to a granting
agency, the President or his or her designee shall indicate to the involved
employee whether or not the College/University intends to utilize alternate
assignments within load in connection with the grant, if approved by
the granting agency and accepted by the College/University. The College/University
shall not reserve this option in all grant applications but rather shall
exercise independent case-by-case judgment. The College/University may,
after discussion with the involved employee, eliminate the alternate
assignments within load and substitute compensation in accordance with
this Article. If the President indicates that overload compensation
is to be utilized, he or she shall also indicate the anticipated rate
thereof prior to the submission of the grant application.
F. Nothing herein shall be construed to limit the discretion
of the College/ University to accept or reject any outside-funded program
or service or any grant.
ARTICLE XXI
SALARY AND FRINGE BENEFIT AGREEMENT
FOR JULY 1, 1999 TO JUNE 30, 2003
Subject to the STATE Legislature enacting appropriations
of funds for these specific purposes, and consistent with SAC regulations
applicable to these employees, the STATE agrees to provide the following
benefits effective at the time stated herein or, if later, within a
reasonable time after enactment of the appropriation.
A. There shall be a two and one-half percent (2.5%)
across-the-board increase applied to the employee's current base salary
effective on July 1, 1999 for 12-month employees and September 1, 1999
for 10-month employees.
B. Effective for FY 2001 (which commences on July
1, 2000) there shall be a three and one-half percent (3.5%) across-the-board
increase applied to the base salary in effect on June 30, 2000 for each
employee covered by this Agreement. Two percent (2%) of the increase
shall be paid effective on July 1, 2000 for 12-month employees and September
1, 2000 for 10-month employees. One and one-half percent (1.5%) of the
increase shall be paid effective on or about January 1, 2001 for 12-month
employees and on or about February 1, 2001 for 10-month employees.
C. Effective for FY 2002 (which commences on July
1, 2001) there shall be a four percent (4%) across-the-board increase
applied to the base salary in effect on June 30, 2001 for each employee
covered by this Agreement. Two percent (2%) the increase shall be paid
effective on July 1, 2001 for 12-month employees and September 1, 2001
for 10-month employees. Two percent (2%) of the increase shall be paid
effective on or about January 1, 2002 for 12-month employees on or about
February 1, 2002 for 10-month employees.
D. Effective for FY 2003 (which commences on July
1, 2002) there shall be a four and one-half percent (4.5%) across-the-board
increase applied to the base salary in effect on June 30, 2002 for each
employee covered by this Agreement. Two percent (2%) of the increase
shall be paid effective on July 1, 2002 for 12-month employees and September
1, 2002 for 10-month employees. Two and one-half percent (2.5%) of the
increase shall be paid effective on or about January 1, 2003 for 12-month
employees and on or about February 1, 2003 for 10-month employees.
E. The salary schedule shall be adjusted as set
forth in Appendix V to incorporate these increases for each step of
each salary range. Each employee shall receive the increase by remaining
at the step in the range occupied prior to the adjustments.
F. Normal increments shall be paid to all employees
eligible for such increments according to the terms of this Agreement.
G. The STATE shall fund the Tuition Reimbursement
Program and Career Development Program set forth in Article XXVIII and
Appendix II at $300,000 for each fiscal year of this Agreement. Said
funds shall be apportioned among the Colleges/Universities according
to the number of members of the bargaining unit at each College/University
as of the close of the preceding fiscal year. In each fiscal year a
minimum of $100,000 of said funds shall be reserved for the Tuition
Reimbursement Program. Any unused Tuition Reimbursement monies shall
revert to the Career Development Program.
H. Each employee shall receive the annual salary
for the employee's range and step set forth in the salary schedules
in Appendix V. Part-time employees shall be compensated in direct proportion
to the percent of full-time workload except as provided in Articles
XI.L, XI.N, XVI.I, and XVII.I, and will receive proportional increments.
I. The Special Merit Award Program shall be continued
with funding at a maximum of $500,000 in each year of the Agreement.
Funds will be apportioned among the Colleges/Universities according
to the number of members of the bargaining unit at each College/University
as of the close of the preceding fiscal year. Funding is subject to
legislative appropriation. The criteria that will be utilized in assessing
the qualifications of eligible employees will be established by the
STATE. Procedures for merit award consideration previously utilized
will be followed during the term of this Agreement. The first level
of consideration shall be a committee, which shall be appointed by the
President or his or her designee. The UNION may have representation
on the committee if it chooses to participate.
At each College, the UNION may, within thirty (30) days
of the signing of this Agreement, notify the College/University President
that the UNION wishes to participate on the committee if it has not
done so in the past. The UNION representative(s) shall be chosen by
the UNION. The applicable procedures and a statement of the criteria
shall be provided in written form for the understanding of all affected
employees. Special Merit Awards will be made after May I of each year
of the Agreement and shall be made as one-time cash payments not included
in base salary. The number and the amount of the awards will be determined
by the STATE.
J. 1. Effective July 1, 1999 the salary ranges
for the 10?month faculty titles listed below will be as follows:
Assistant Professor |
Ranges 22, 24, and 25 |
Associate Professor |
Ranges 26, 28 and 29 |
Full Professor |
Ranges 30, 32, 33 and X |
Effective July 1, 1999, the salary ranges for the 12-month
faculty titles listed below will be as follows:
Assistant Professor |
Ranges 25, 27 and 28 |
Associate Professor |
Ranges 29, 31 and 32 |
Full Professor |
Ranges 33, 35 and X |
2. The College/University may, at its discretion, hire faculty at any
step of any salary range associated with any academic rank.
3. The College/University may, at its discretion, increase the salary
of any faculty member to any step of any range associated with his/her
academic rank in response to a bona fide offer of employment or when
it believes a bona fide offer of employment could be imminent because
of recent achievements and/or other factors.
4. A Range Adjustment Program will be established at each College/University
where full-time faculty are employed. Full-time faculty members who
meet or exceed the merit-based criteria established for range adjustments
are eligible to be considered for and may apply for a range adjustment
within rank. The merit-based criteria will be established by the College/University
and published for the understanding of affected employees. The procedures
for consideration will be negotiated between the College/University
and the Local UNION. The procedures for consideration utilized in the
College/University, if universally applicable, or in a division, department
or similar unit in which the faculty member is employed, shall be fairly
and equitably applied to all applicants and nominees.
5. Article VII of the Agreement shall apply to range adjustments under
the same terms and limitations as such Article applies to faculty promotions.
K. Where funds, funding obligations, leaves, or other benefits
to employees are allocated among the Colleges/Universities pursuant
to this Agreement, the College/University presidents shall designate
an individual to calculate the specific figures for each College/University.
In making the calculation, said individual shall strictly adhere to
the terms of this Agreement concerning such allocation. After consulting
with the UNION, and prior to the distribution of any money to individuals,
the designee shall inform each College/University and the UNION of the
specific figures for that College/University.
L. The parties to the Agreement understand that the public
services provided to the citizenry of the STATE of New Jersey require
a continuing cooperative effort, particularly during any period of severe
fiscal constraints. They hereby pledge themselves to achieve the highest
level of services by jointly endorsing a concept of intensive productivity
improvements, which may assist in realizing that objective.
ARTICLE XXII
ANNIVERSARY DATES, PAY ADJUSTMENTS AND PAYROLL
A. Salary Schedule
1. The salary schedule, consisting of a series of salary
ranges containing minimum, maximum and intermediate salary steps, is
set forth in Appendix V.
2. No employee shall be paid below the minimum or above
the maximum of the range assigned to his or her title except by agreement
between the parties.
B. Anniversary Date Assignment
1. An employee's anniversary date is the biweekly pay
period in which an employee is eligible, if warranted by performance
and place on the salary range, for a salary increase (normal increment)
pursuant to the provisions of Article XXI. An employee receiving a normal
increment shall advance to the next highest step in the range assigned
to his or her title. Employees at the maximum of their range do not
receive an increment on their anniversary dates.
2. Each employee shall, upon appointment, be assigned an anniversary
date which shall be the pay period following the completion of twenty-six
(26) full pay periods of employment if the employee is appointed to
Steps 1-7 or to the range maximum. If the employee is appointed to Step
8 or higher, except if appointed to the range maximum, the anniversary
date shall be the pay period following the completion of thirty-nine
(39) full pay periods of employment. Should an employee be placed on
the payroll on the first Monday of a pay period, or on the first Tuesday
of a pay period wherein the Monday is a holiday or special day off,
that pay period shall be the first of the 26 (or 39) full pay periods.
Employees appointed at other times shall begin the 26 (or 39) full pay
periods on the first day of the next pay period of employment.
3. Upon receiving a normal increment, an employee's anniversary date
shall be advanced twenty-six (26) pay periods if the employee is on
or below Step 7 after receiving the increment, and thirty-nine (39)
pay periods if the employee is on Step 8 or above after receiving the
increment. However, if the employee is on the range maximum after receiving
the increment, the anniversary date is advanced twenty-six (26) pay
periods. (See Paragraph B.1)
C. Pay Adjustments and Changes in Anniversary Dates
1. Promotion or Appointment to a Title with a Higher Salary Range
a. An employee, when advanced from one title to another, shall move
up one step in the current range and be placed on the step of the new
range that is equal thereto in salary, or if no step is equal in salary,
on the next higher step.
1) When the total salary increase is less than two increments of the
old range, the employee's anniversary date will not be changed.
2) When the total salary increase is equal to or greater than two increments
of the old range, the employee shall be assigned a new anniversary date,
as set forth in Paragraph B.2 above.
b. When an employee at the range maximum has been at the maximum for
at least thirty-nine (39) pay periods, the employee shall receive, if
otherwise eligible, an extra increment in the new range in addition
to the increase due by reason of the advancement, providing the advancement
adjustment does not take the employee to the new range maximum. This
provision for an extra increment shall not apply if the normal advancement
adjustment as set forth in Paragraph C.1(a) above is greater than three
increments of the range from which the employee is advanced. In either
case, the employee shall be assigned a new anniversary date on the basis
of the effective date of the salary increase as set forth in Paragraph
B.2 above.
c. If the employee has been at the eighth or higher step of a range
for less than 39 pay periods before advancement, and,
1) If the advancement results in Step 7 or less, the employee's anniversary
date will be the pay period which reflects the difference between the
time previously served at Step 8 or higher and 39 pay periods, but in
no case shall the anniversary date be more than one year from the effective
date of the advancement;
2) If the advancement results in Step 8 or higher, (but not the range
maximum), the anniversary date will be determined in accordance with
C.1(a);
3) If the advancement results in the range maximum, the anniversary
date becomes the pay period following the completion of twenty-six (26)
full pay periods from the effective date of the advancement.
2. Reevaluation of a Title to a Higher Salary Range
When a title is assigned to a higher salary range the individual shall
receive a salary adjustment in accordance with the applicable provisions
of Subsection C.1.
3. Demotion or Appointment to a Title with a Lower Salary Range
An employee, when demoted or appointed to a title with a lower salary
range, shall move down one step in the old range and shall be placed
on the step of the new range that is equal thereto in salary, or if
no step is equal in salary, on the next higher step. In no event, however,
shall the employee's salary in the new range exceed the range maximum.
The anniversary date is retained.
4. Reevaluation of a Title to a Lower Salary Range
When a title is assigned to a lower salary range, the individual shall
receive a salary adjustment in accordance with the applicable provisions
of Subsection C.3.
D. Anniversary Dates and Pay Adjustments for Employees Moving From
10-Month to 12-Month Positions and From 12-Month to 10-Month Positions
1. All titles are evaluated on the basis of 12 months. The same 10-month
title is three ranges lower than the 12-month title.
2. When an employee moves from a 10-month position to a 12-month position
in the same or different title, the following pay adjustments shall
be made:
a. When the 12-month position is compensated three ranges higher than
the 10-month position, the employee shall remain at the same step in
the new range as he/she occupied in the former range. There shall be
no change in the anniversary date.
b. When the 12-month position is compensated more than three ranges
above the 10-month position, the employee shall be placed on the same
step three (3) ranges up, and then the procedures set forth in Subsection
C.1 above shall be applied.
c. When the 12-month position is compensated less than three ranges
above the 10-month position, the employee shall be placed on the same
step three (3) ranges up and then the procedures set forth in Subsection
C.3 shall be applied.
3. When an employee moves from a 12-month to a 10-month position, in
the same or different title, the following pay adjustments shall be
made:
a. When the 10-month position is compensated three ranges lower than
the 12-month position, the employee shall remain at the same step in
the new range as he/she occupied in the former range. The anniversary
date shall not be changed unless that date falls within the two-month
period when the employee is not scheduled to work. In that case, the
anniversary date shall be advanced to the first full pay period in which
the employee resumes work. The procedures in Paragraph B.1 shall apply.
b. When the 10-month position is compensated more than three ranges
below the 12-month position, the employee shall be placed on the same
step three (3) ranges down, and then the procedures set forth in Subsection
C.3 shall be applied.
c. When the 10-month position is compensated less than three ranges
below the 12-month position, the employee shall be placed on the same
step three (3) ranges down and then the procedures set forth in Subsection
C.1 shall be applied.
E. Employees in Non-Pay Status
1. Except as set forth in Subsections E.4 and E.5 below, time spent
by an employee in non-pay status will not be included in total time
of employment when calculating eligibility for a normal increment.
2. An employee's anniversary date shall advance by one full pay period
for each full pay period in non-pay status.
3. If an employee is in non-pay status on an intermittent basis during
the course of a calendar year, his/her anniversary date shall advance
by one pay period for each 10 working days in non-pay status.
4. Whenever a change in the anniversary date of a 10-month employee
is required, the two-month period in which the employee is not scheduled
to work shall be excluded from the service requirements in the calculation
of the new anniversary date.
5. The following exceptions apply to Subsection E.1 above:
a. Military leave without pay;
b. Educational leave without pay for employees on tenure or multi-year
contracts;
c. Sick leave injury extended to leave without pay;
d. Leave without pay while receiving workers' compensation benefits
as a result of an employment-connected accident.
6. Any advancement of an anniversary date resulting from time spent
in non-pay status shall be reported to the affected employee in writing.
F. Payroll
1. Each pay period shall consist of fourteen (14) calendar days commencing
at 12:01 a.m. Saturday and ending at midnight on the second Friday following.
The first pay period of Fiscal Year 1995-96 (14/95) commences on June
24, 1995.
2. Paychecks shall be released to employees on the Friday following
the close of the pay period. If that day is a holiday as set forth in
Article XXV, paychecks shall be released on an alternate payday, which
shall be the last previous working day. Paychecks may be released prior
to payday at the option of the College/ University.
3. For employees who intend to retire in June, the last payment will
be made to the employee's retirement program prior to June 30, if one
month's notice is provided to the College/University.
ARTICLE XXIII
REIMBURSEMENT FOR TRAVEL
A. Approved expenditures for official travel on
College/University business which have been incurred shall be reimbursed.
B. Employees may be given advance payment for the
approved anticipated expenses of authorized travel on College/University
business over $100, provided that a request for a travel advance has
been submitted consistent with locally established procedures. The amount
of the advance may be up to 75% of anticipated expenditures above $100.00
but less than $300.00 and up to 90% of anticipated expenditures above
$300.00. The College/University may provide a College/ University credit
card or advance billing procedures in lieu of advance payment. Upon
completion of travel, the employee shall follow normal expense reimbursement
submission procedures.
C. Employees shall be reimbursed for travel expenses
within thirty (30) days of submission of the completed request for reimbursement
and all required documents or at such earlier time as may be specified
in College/University travel policies and procedures.
D. Whenever transportation is required as a part
of the duties of an employee, the College/University shall prescribe
the use of a College/University vehicle or the means of public transportation
to be utilized or, with the agreement of the individual, the use of
his or her private vehicle and will be responsible for indemnification
for such sanctioned use pursuant to appropriate legislation. Employees
who do not hold a current valid driver's license shall not drive. The
College/University shall reimburse the employee for such use of his
or her private vehicle at the rate established by legislation.
E. Approved Travel Involving Overnight Lodging
1. Housing shall be reimbursed at actual reasonable cost
up to a maximum of $75.00 per night.
2. The College/University shall reimburse employees for
meals in connection with overnight travel as follows:
Breakfast |
$8.00 |
Lunch |
$8.00 |
Dinner |
$20.00 |
No receipts shall be required when the total per diem reimbursement
for meals is $36.00 or less.
3. In any case where the total per diem reimbursement exceeds $100.00
for lodging and meals or the reimbursement for meals exceeds $36.00,
a substantial justification must be provided, since costs will be considered
to be in excess of "actual reasonable expenditures."
4. Meals scheduled as an integral part of convention or conference
proceedings shall be reimbursed at full cost, rather than at the above
rate. If a meal or meals are included in convention or conference fees,
the allowance set forth above for said meal or meals shall be deducted
from the per diem subsistence allowance.
F. The cost of an official luncheon or dinner which an employee
is authorized to attend shall be reimbursed where such meal is scheduled
as an integral part of an official proceeding or program related to
College/University business and the employee's responsibilities.
G. When an employee works three or more consecutive hours beyond
the end of the normal workday, the employee shall be provided with reimbursement
for a meal at cost up to a maximum of $7.50, provided the extended workday
has been authorized.
H. Grant-funded travel shall be reimbursed at the same rates
as other travel unless a higher rate has been authorized and provided
for in the grant.
I. Utilization and distribution of monies budgeted to a College/University
department or equivalent academic unit or library (the availability
of which will be made known) to cover expenses for travel, meals, or
lodging for attendance at professional improvement meetings, workshops,
conferences and other approved functions shall be approved by a dean
or his or her designee and be consistent with this Agreement and the
regulations of the College/University. Recommendations for such use
shall be initiated by the department, equivalent academic unit or library.
An individual employee within the department, equivalent academic unit
or library shall initiate a request for use of such funds with the Chairperson
or Supervisor, who shall keep the members of the department generally
informed of recommendations made.
ARTICLE XXIV
VACATION~SICK LEAVE
A. Definitions:
Unless otherwise indicated, whenever used in this Article:
1. The term "full-year employee" shall mean an employee
having a twelve-month professional obligation.
2. The term "ten-month employee" (September 1 to June
30) shall mean any employee other than a full-year employee.
B. Vacation Leave
1. Full-Year Employees
Full-year employees, other than those serving in the titles
of Demonstration Teacher, Demonstration Specialist-A. Harry Moore School,
Instructor, Assistant Professor, Associate Professor, Professor, or
Distinguished Professor, shall accrue one and one-half (1½) days of
vacation credit for each full month of service from the date of appointment
through December 31 of the year in which the appointment occurs. For
each succeeding calendar year following the year in which initial appointment
occurred, said employees shall accrue twenty-two (22) days vacation
credit.
2. Ten-Month Employees
Ten-month employees, other than those serving in the titles
of Demonstration Teacher, Demonstration Specialist-A. Harry Moore School,
Instructor, Assistant Professor, Associate Professor, Professor or Distinguished
Professor, shall accrue one and one-half (1½) days vacation credit for
each full month of service from the date of appointment through December
31 of the year in which the appointment occurs. For each succeeding
calendar year following the year in which the appointment occurred,
said employees shall accrue eighteen (18) days vacation credit.
3. Part-time employees other than those serving in the
above titles shall be entitled to a proportional number of paid vacation
days. The part-time employee's workload as established in the employment
contract will be used to determine the number of pro-rata vacation days.
4. General
a. For the purpose of vacation credit computation, twenty
(20) work days within a calendar month shall equal a full month of service.
b. A maximum of one (1 ) full year's vacation credit
may be carried over to the next calendar year with the approval of the
President or his or her designee.
c. Upon termination, employees shall be entitled to unused
earned vacation allowance for the current year, pro rated upon the number
of months worked in the calendar year in which the termination takes
place, and any unused earned vacation credit which may have been carried
over from the preceding calendar year.
d. In the event an employee dies having earned unused
vacation credits, a sum of money equal to such vacation credits shall
be calculated and paid to his or her estate.
e. Use of vacation credit must be approved in advance
by the President of the College/University or his or her designee.
f. Employee requests for the approval of utilization of
vacation days or accrued compensatory time for the purpose of religious
observance shall not be unreasonably denied.
C. Sick Leave
Employees may on occasion be unavoidably absent because
of personal or family illness. An employee who finds it necessary to
be absent because of illness should communicate with the President or
his or her designated officer as soon as possible.
Sick leave is occasioned by the absence of an individual
from duty because of illness, accident, exposure to contagious disease,
necessary attendance upon a member of the immediate family who may be
seriously ill, or death in the immediate family.
Employees are entitled to one and one-quarter (1¼) days
of sick leave for each completed month of employment for a total of
twelve and one-half (12½) days annually for ten-month employees and
a total of fifteen (15) days annually for twelve-month employees. Part-time
employees shall be entitled to a proportional amount of sick leave.
The part-time employee's workload as established in the employment contract
will be used to determine the pro rata sick leave. All unused sick leave
shall be cumulative.
Consideration may be given by the Board of Trustees to
advancing sick leave beyond the days accumulated for full-time employees.
Any such advance must be paid back by the involved employee. Pay-back
by the involved employee shall be by arrangement for deduction from
subsequent accumulation of sick leave, except where the individual leaves
the employ of the College/University prior to completing the pay-back.
D. Special Sick Leave
If an employee is medically unable to work full time,
but is capable of working a reduced load, the employee may be permitted
to work at such reduced load, receive full pay, and use pro rated earned
sick leave to make up the difference between the reduced workload and
the regular full-time workload. Earned sick leave used in this manner
shall be deemed Special Sick Leave. The President or his/her designee
may require appropriate medical documentation that the employee can
work part time but not full time. Additionally, the President or his/her
designee may consider operational needs in deciding whether the employee
may work on a part-time basis. An employee's request to use Special
Sick Leave shall not be unreasonably denied.
ARTICLE XXV
HOLIDAYS
A. l. Employees except those serving in the titles
of Demonstration Teacher, Demonstration Specialist-A. Harry Moore School,
Instructor, Assistant Professor, Associate Professor, Professor, or
Distinguished Professor, when required to work on a legal holiday or
on a holiday declared by the Governor by proclamation, shall be granted
an alternate day off that is consistent with the work pattern of the
College/University.
2. The legal holidays for the purpose of this Agreement
are as follows:
New Year's Day |
Martin Luther King Day (3rd Monday in January)
|
Lincoln's Birthday |
Washington's Birthday (3rd Monday in February) |
Good Friday |
Memorial Day (last Monday in May) |
Independence Day |
Labor Day |
Election Day |
Columbus Day (2nd Monday in October) |
Veteran's Day (November 11) |
Thanksgiving Day |
Christmas Day |
3. In the event any of the above legal holidays fall on
a Sunday, it shall be celebrated on the following Monday.
4. In the event any of the above legal holidays falls
on a Saturday, it shall be celebrated on the preceding Friday.
5. Nothing herein shall be construed to limit the right
of the College/University to require employees to work on any of the
aforementioned legal or proclaimed holidays.
B. Employees who are in pay status on the day immediately
before an authorized holiday shall receive pay for the holiday.
C. Part-time professional staff and librarians
shall receive proportionate credit based on the employee's work schedule
for a holiday if the employee's work schedule includes work time on
that holiday. In no event shall the employee receive more than 1/5 of
the scheduled hours of the workweek as credit for one holiday.
ARTICLE XXVI
LEAVES OF ABSENCE
A. Leave of Absence Due to Injury (Sick Leave Injury)
1. Employees who are disabled because of job-related injury
or disease shall be granted leave of absence with pay if the conditions
and requirements set forth below are met.
2. Any part of the salary or wages paid or payable to
an employee for disability leave shall be reduced by the amount of any
temporary disability payments under N.J.S.A. 34:15-12 (Workers' Compensation)
or N.J.S.A. 43:21-25 et seq. (Temporary Disability Benefits Law).
3. Such leave shall be granted for up to one (l) year
from the date of injury or illness and shall be based on medical or
other proof of the injury or illness and the continuing disability of
the employee.
4. An employee who can return to work on a part-time
basis shall be compensated for the time actually worked and receive
sick leave injury (SLI) benefits for the time missed due to the disability.
5. Standards
a. The disability must be an injury or illness resulting
from the employment.
(1) Injuries or illnesses which would clearly not have
occurred but for a specific work-related accident or condition of employment
are compensable.
(2) Pre-existing illnesses, diseases and conditions aggravated
by a work-related accident or condition of employment are not compensable
where such aggravation was reasonably foreseeable.
(3) Illnesses which are generally not caused by a specific
work-related accident or condition of employment are not compensable
except where the claim is supported by medical documentation that clearly
establishes the injury or illness is work related.
(4) Psychological or psychiatric illness shall not be
compensable, except where such illness may be traced to a specific work-related
accident or occurrence which traumatized the employee, thereby creating
the illness, and the claim is supported by medical documentation.
(5) An injury or illness is not compensable when the College/University
has established that the employee has been grossly negligent, including
those injuries or illnesses arising from impairment due to alcohol or
drug abuse.
b. Any accident resulting in injury for which the employee
seeks compensation must occur on the work premises except as in b (2)
below.
(1) For purposes of this Section, work premises is the
physical area of operation of the College/University, including buildings,
grounds and parking facilities provided by the College/University for
the benefit of its employees.
(2) An injury occurring off the work premises is compensable
only when the employee is engaged in authorized work activity or travel
between work stations.
c. For the injury to be compensable, it must occur during
normal work hours or approved work time.
(1) Injuries which occur during normal commutation between
home and the work station or home and a field assignment are not compensable.
(2) Injuries which occur during lunch or break periods
are not compensable. However, employees who are required by the College/University
to remain at a particular job location during lunch and/or workbreak
shall not be precluded from receiving SLI benefits.
d. The burden is on the employee to establish by a preponderance
of the evidence that he or she is entitled to SLI benefits.
6. Procedures
a. The employee is required to report to his or her supervisor
any accident or work condition claimed to have caused the disability
upon its occurrence or discovery and is responsible for completing a
written report on the matter within five days or as soon as possible
thereafter. The report shall include a statement of when, where and
how the injury or illness occurred, statements of witnesses and copies
of all medical reports concerning the injury or illness.
b. The College/University shall review the request for
Sick Leave Injury (SLI) benefits based on the standards set forth above
and within twenty (20) days of receipt of the request shall:
(1) Grant the request and notify the employee in writing
that the benefits have been approved; or
(2) Deny the request, inform the employee of the reasons
for the denial and advise the employee of the right of appeal pursuant
to N.J.S.A. 18A:3B-6(f). A violation of Article XXVI.A is not grievable
under this Agreement.
c. The College/University may require the employee to
be examined by a physician designated and compensated by the College/University.
B. Leave of Absence Without Pay
l. Any full-time employee on tenure or a multi-year contract
may apply for a leave of absence without pay, not to exceed one (l)
year. Such leaves may be extended on an annual basis for a period not
exceeding two (2) additional years. Application for such leave or extension
thereof shall be filed with the President of the College/University,
who will transmit the application with his or her recommendation to
the Board of Trustees. Under unusual circumstances as determined by
the College/University, an employee on tenure or a multi-year contract
may be granted a leave without pay beyond the aforementioned three (3)
years with the approval of the President.
2. Probationary employees and part-time employees may
apply for leaves of absence without pay, not to exceed six (6) months
of the work year being served at the time of the request. Such employees
will be eligible for leave of absence without pay, not to exceed six
(6) months of the work year next following the year in which the request
is made, providing that such employee has received notification of reappointment
for such next following work year. For purposes of pursuing terminal
degrees, probationary employees may apply for leaves of absence without
pay, not to exceed one (l) year. Under unusual circumstances as determined
by the College/University, a probationary employee may be granted a
leave without pay beyond the aforementioned one (1) year with the approval
of the President.
In any event, such employees on leaves of absence are
subject to all reappointment evaluation procedures and must cooperate
in such procedures notwithstanding their leave of absence status. When
a full-time probationary employee applies for a leave of absence without
pay, he or she will be informed in writing when his or her candidacy
for tenure or a multi-year contract will be considered by the College/University
on the assumption that the leave is granted and the candidate is reappointed
through the probationary period.
3. Continuation of benefits for full-time employees during
the period of any leave of absence without pay is determined under appropriate
legislation and rules and regulations implementing such legislation.
4. Leaves of absence without pay may be granted for education,
parental need, non-medical maternity or other reasons.
5. Up to three (3) full-time employees at any one (1)
time may be granted leaves of absence without pay for one (1) year periods,
renewable for a second year, provided the employee is eligible for such
leave under B.l above, for the purpose of working for the UNION, the
New Jersey State Federation of Teachers or the American Federation of
Teachers. Upon the joint request of the employee and the UNION, the
leave shall be granted or renewed, provided that no other employee is
on such leave of absence at the College/University or is scheduled to
begin such leave for an overlapping period, unless the College/University
presents compelling reasons as to why the leave cannot be granted.
C. Leave of Absence for Military Service
1. An employee, other than a person holding a position
for a fixed term or period, who enters the military service in time
of war or emergency, or for any period of training, or pursuant to any
selective service system, shall be entitled to a leave of absence without
pay for the period of such service and three months after discharge.
However, if an employee shall be incapacitated by wound or illness at
the time of discharge, such leave shall be extended until three months
from recovery but in no event more than two years from date of discharge.
a. During such leave of absence, the employee shall continue
to accrue seniority and service credit towards increments, if applicable,
in his or her title.
b. No entitlements under this section shall be granted
if the separation from military service is by a dishonorable discharge.
c. For federal reemployment rights, see 43 U.S.C. 2021.
2. An employee who is a member of the national guard or
other component of the organized militia of the State of New Jersey
shall be entitled to a leave of absence with pay not to exceed 90 days
in the aggregate in any one year that he or she is required to engage
in active duty or active duty for training. See N.J.A.C. 5A: 2-2.3(b).
A leave of absence with pay shall also be granted for other military
duty when ordered by the Governor in case of insurrection, breach of
peace, national disaster, or imminent danger to public safety. Such
leave of absence shall be in addition to the regular vacation allowed
such employee. See N.J.S.A. 38A: 4-4.
3. A tenured employee or an employee on a multi-year contract
who is a member of the organized reserves of the Army, Navy, Air Force,
or Marine Corps of the United States or other affiliated organizations
shall be entitled to a leave of absence with pay on days on which he
or she is required to engage in field training. This would include only
that training which consists of participation in unit training in field
operations.
a. A full-time employee who does not have tenure or a
multi-year contract, but who has served for one year or longer, shall
be entitled to a leave of absence with pay not to exceed 30 days in
the aggregate in any one year while engaged in field training. A leave
of absence without pay shall be granted to a full-time employee who
has served for less than a year while engaged in field training.
b. Such leave of absence shall be in addition to the regular
vacation allowed such employee. See N.J.S.A. 38:23-1 and 38:23-1.1.
4. The College/University may reschedule an employee's
work time to avoid conflict with military field training and/or required
duty set forth in paragraphs 2 and 3 above.
5. An employee is entitled to a leave of absence without
pay for such other National Guard, State organized militia or United
States reserve duty not covered by paragraphs 2 and 3 above.
a. During such leave of absence, the employee shall continue
to accrue seniority and service credit towards increments, if applicable,
in his or her title. b. At the discretion of the employee, vacation
leave, administrative leave and other accrued compensation may be used
for such absences.
6. Part-time employees, where eligible under Section C,
can participate on a pro rata basis.
7. The violation of Article XXVI.C is not grievable, but
may be appealed pursuant to N.J.S.A. 18A: 3B-6(f).
D. Special Leave: Emergency Civilian Duty
All employees shall be given time off with pay to perform
emergency civilian duty in relation to national defense or other emergency
when so ordered by the Governor or by the President of the United States.
E. Maternity Leave
A pregnant employee shall be granted earned sick leave
with pay pursuant to Article XXIV or may be granted vacation leave pursuant
to Article XXIV or leave of absence without pay pursuant to Article
XXVI.B for such period of time that she is physically unable to perform
her work prior to the expected date of birth and after the actual date
of birth. Such utilization of sick leave, vacation leave and/or leave
of absence without pay shall be subject to all requirements and conditions
for the use of such leave.
F. Child Care Leave Without Pay
Child care leave without pay may be granted by the appointing
authority under the same terms and conditions applicable to all other
personal leaves without pay. The employee shall not be required to exhaust
vacation leave prior to commencing a leave without pay for child care
purposes.
G. Special Leave: Jury Duty
1. Employees shall not have their pay reduced for the
time required to attend jury duty that is scheduled during the employees'
work hours. Time required for jury duty includes actual time spent in
commuting.
2. The employee shall be responsible for immediate notification
to the College/University of impending jury duty.
3. Employees shall submit to the College/University written
verification of attendance signed by a representative of the court.
H. Special Leave: To Appear As A Witness
1. All employees shall be granted time off with pay when
summoned as a witness before a judicial or quasi-judicial proceeding
during the employee's normally scheduled work hours to which he or she
is not a named party.
2. An employee shall be granted time off without pay to
appear at a judicial or quasi-judicial proceeding to which he or she
is a party.
ARTICLE XXVII
SABBATICAL LEAVES
The STATE agrees to continue, as herein modified, a sabbatical
leave program. In each year of this Agreement the State Colleges/Universities
will be authorized to grant one hundred sixty (160) half year leaves.
At each College/University two (2) half-year leaves may be combined
into one (1) full-year leave. These leaves will be apportioned among
the Colleges/Universities on a basis proportional to the number of eligible
faculty members and librarians at each College/University with at least
six (6) consecutive years of service at a College/University.
A. Eligibility - Application - Approval
1. All full-time tenured faculty members (including Demonstration
Teachers and Demonstration Specialists at the A. H. Moore School) and
librarians who, as of June 30 prior to the year for which the leave
is requested, have completed a period of six (6) or more consecutive
years of service at a College/University, shall be eligible to apply
for a sabbatical leave during the 1999-2000, 2000-2001, 2001-2002, or
the 2002-2003 academic years. Sabbatical leaves are granted no more
frequently than once every seven (7) years.
2. a. Application shall be submitted to the President
of the College/University no later than February 1st of each year.
b. Application may be made for the purpose of pursuing
a substantial project designed to yield publishable results and/or enhance
competency as a scholar or teacher. Sabbatical leaves may also be granted
for the pursuit of an accredited terminal degree program in an appropriate
field of study.
c. A committee will be established under the governance
structure of each College/University to review the academic merits of
each application and make recommendations to the President. The UNION
shall have the right to appoint one employee observer to such committee.
The committee shall conduct its review and make its recommendations
by no later than March 1st of the year involved.
d. The President shall take into consideration the recommendations
of the committee and shall make recommendations for approval or disapproval
to the Board of Trustees.
B. Terms of Sabbatical Leave
1. Half-year leaves shall be at the rate of three-quarters
(3/4) salary.
2. Full-year leaves shall be at the rate of half (½) salary.
3. For librarians, half-year leaves shall be five (5)
months, and full-year leaves ten (10) months.
4. The period of the leave shall be credited for increment
purposes, where such credit is relevant.
5. A faculty member or librarian on sabbatical leave shall
be entitled to the continuation of pension and insurance programs benefits
as provided in the applicable plans.
6. Each faculty member or librarian accepting a leave
must sign a written statement obligating him or her to continue to serve
for at least one (1) year after expiration of the term of the leave,
unless waived by the President of the College/University.
7. Faculty members or librarians on such leave are permitted
to receive additional compensation in the form of fellowships, government
grants, and honoraria for purposes related to the leave and part-time
employment directly related to the project at an institution where they
are in residence for the purpose of study and research in addition to
the partial salary from the College/University, provided that total
compensation from all sources does not exceed such faculty members'
full salary at the College/University. The leave may not be used to
accept paid employment during the period of the leave except as provided
above.
8. Faculty or librarians on sabbatical leave may engage
in outside employment if it does not conflict with the purpose of the
sabbatical leave or N.J.A.C. 9: 2-10.1 et seq. and the faculty
member reports the outside employment before going on leave.
ARTICLE XXVIII
TUITION REIMBURSEMENT
A. Employees enrolled in a terminal degree program
related to their areas of teaching or work as approved by the President
of the College/University may receive tuition reimbursement at a rate
of $150 per credit or the actual tuition, whichever is less, during
the term of this Agreement.
B. Employees may also be granted tuition reimbursement
as described in Section A above for graduate study necessary to increase
such employees' expertise in his or her area of teaching or work as
determined by the President.
C. Tuition reimbursement under Sections A or B
above shall not exceed twelve (12) credits per year or a total of forty-five
(45) credits during their years of employment at any College/University.
D. In order to receive a commitment for reimbursement
the employee must submit a written request to the President prior to
enrollment in a course of study, stating the basis for the request for
reimbursement. Within twenty (20) calendar days the President or his
or her designee will respond in writing as to whether the College/University
will provide reimbursement subject to the availability of funds. The
President or his or her designee will meet with the Local UNION to determine
appropriate procedures for submission of the application to an appropriate
advisory person or group in the applicant's area of teaching or work.
E. In order to secure reimbursement the employee
must satisfactorily complete the course of study and submit written
proof of payment of tuition and satisfactory completion to the President
or his or her designee.
F. The course of study may be at any accredited
institution.
G. The College/University will cooperate in arranging
employees' schedules to allow them to take advantage of the benefits
of this program.
H. The operation of this program is subject to
the availability of funds as set forth in Article XXI, except that the
President may make additional funds available. The President will advise
employees by no later than July l5 of the year involved of the amount
of funds available. In the event that funds are not sufficient to meet
all requests which would otherwise be approvable, priority shall be
given to 1) those employees who are enrolled in a terminal or graduate
degree program for which the employee previously received tuition reimbursement,
2) those employees embarking upon an approved terminal or graduate degree
program, and 3) all other circumstances.
ARTICLE XXIX
PERSONNEL FILES
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 indicating special competencies, achievements, research,
performance and contributions of an academic, professional or civic
nature. An employee may submit to the College/ University such commendations
which he or she deems worthy to be included in his or her personnel
file.
B. All material received from committees, department
chairpersons, administrative officers or other responsible sources concerning
an employee's competency, service, 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 provided for
in the evaluation procedure.
C. A copy of any item included in the employee's
personnel file, except items submitted by the employee, dealing specifically
with an employee's retention, dismissal, salary improvement, promotion,
or tenure 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.
D. Any item which deals specifically with an employee's
retention, dismissal, salary improvement, promotion, or tenure which
was not previously transmitted to the employee and which is to be relied
upon in personnel actions shall be made available to the employee and
a reasonable time provided for response.
E. An employee shall be given the opportunity to
review the contents of his or her personnel file upon application. The
employee shall have the opportunity to acknowledge that any item has
been read by signing 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 initial
appointment which were solicited under conditions of confidentiality
shall be excluded from the employee's inspection but shall not be used
in personnel actions subsequent to full-time employment.
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 UNION may, with the employee's
written authorization, accompany said employee while he or she reviews
his or her file.
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 February 22, l974.
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.
ARTICLE XXX
SAFE CONDITIONS
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. Each College/University
that has a safety committee that deals with safety issues affecting
employees covered by this Agreement shall include as a member of that
committee a designee of the UNION. This aforementioned right does not
apply to safety committees created pursuant to other negotiated agreements.
ARTICLE XXXI
LOCAL RESOLUTION OF ISSUES
Issues which have, in this Agreement, been reserved for
resolution between the Local UNION and an individual College/University,
shall, when resolved, be in the form of a memorandum of agreement which
shall then become the policy of the College/University.
ARTICLE XXXII
INFORMATION TO NEXT OF KIN
Upon the death of an employee, the College/University
shall, through its personnel office, offer to provide information concerning
employment-related benefits to the deceased's next of kin where the
address is known.
ARTICLE XXXIII
AVAILABILITY OF AGREEMENT
Immediately after the signing of this Agreement by both
parties, the STATE will reproduce the Agreement in sufficient quantities
so that each employee may receive a copy, plus additional reserve copies
for distribution to employees hired during the term of the Agreement.
The contract cover will include the seal of the STATE and the UNION
insignia.
ARTICLE XXXIV
MAINTENANCE AND IMPLEMENTATION OF AGREEMENT
A. This Agreement incorporates the entire understanding
of the parties on all matters which were the subject of negotiations.
During the term of this Agreement neither party shall be required to
negotiate with respect to any such matter except that proposed new rules
or modification of existing rules governing working conditions shall
be presented to the UNION and negotiated upon the request of the UNION
as may be required pursuant to the New Jersey Public Employer-Employee
Relations Act, as amended.
B. 1. It is understood and agreed that any provisions
of this Agreement which require amendment to existing law or the appropriation
of funds for their implementation shall take effect only after the necessary
legislative action.
2. Whenever legislation is necessary to implement this
Agreement, the STATE shall assume responsibility for seeking the introduction
of such legislation.
C. Any policy, practice, rule or regulation of
a College/University Board of Trustees or of a College/University Administration,
pertaining to wages, hours, and conditions of employment, which is in
conflict with any provision of this Agreement, shall be considered to
be modified consistent with the terms of this Agreement.
ARTICLE XXXV
SAVINGS CLAUSE
If any provision of this Agreement or any application
of this Agreement to any employee or group of employees is held to be
contrary to law or not subject to collective negotiations, or has the
effect of making the STATE or a State College/University ineligible
for Federal funds, then such provision or application shall not be deemed
valid and subsisting, except to the extent permitted by law, but all
other provisions or applications shall continue in full force and effect.
In the event of the above circumstances, then either party shall have
the right immediately to reopen negotiations between the State and the
Union with respect to a substitute for the affected provision to the
extent permitted by law.
ARTICLE XXXVI
MANAGEMENT RIGHTS
A. The STATE, the Colleges/Universities and the
Boards of Trustees retain and reserve unto themselves all rights, powers,
duties, authority and responsibilities conferred upon and vested in
them by the laws and constitutions of the State of New Jersey and the
United States of America.
B. All such rights, powers, authority and prerogatives
of management possessed by the STATE, the Colleges/Universities and
the Boards of Trustees are retained, subject to limitations as may be
imposed by the New Jersey Public Employer-Employee Relations Act, as
amended, and except as they are specifically abridged or modified by
this Agreement.
C. The STATE and the Boards of Trustees retain
their responsibility to promulgate and enforce rules and regulations,
subject to limitations as may be imposed by the New Jersey Public Employer-Employee
Relations Act, as amended, governing the conduct and activities of employees
and which are not inconsistent with the express provisions of this Agreement.
ARTICLE XXXVII
RETRENCHMENT, RETRAINING, AND REINSTATEMENT FOR FULL-TIME
EMPLOYEES
A. 1. When a tenured faculty member is to be retrenched
for financial reasons the College/University will attempt to provide
the involved individual with a full academic year or two successive
semesters' written notice of such action, but in no case shall such
written notice be less than one hundred ninety-five (195) days.
2. When a tenured faculty member is to be retrenched for
programmatic reasons exclusively, the College/University will provide
the involved individual with a full academic year or two successive
semesters' written notice of such action.
3. Employees who are to be retrenched during the term
of a multi-year contract will be given one hundred eighty (180) calendar
days written notice of such action.
4. In the event it becomes apparent that retrenchment
notices will be issued, the College/University will inform the UNION
of the general circumstances, and if so requested by the UNION, within
five (5) calendar days of being informed, the College/University will
consult with the UNION concerning such circumstances.
5. In the event that a tenured faculty member is notified
of retrenchment and feels that with additional academic training, he
or she may qualify for another position at the College/University, and
the President agrees that, subject to acceptable completion of such
training and the availability of such other position, and after consultation
with the appropriate department, similar academic unit or library, that
the individual would qualify, the individual will be given priority
consideration for an available sabbatical leave under Article XXVII
and/or Tuition Reimbursement under Article XXVIII. The President in
such circumstances may at his or her discretion waive the requirements
of Article XXVII.A.1. In addition, as an exception to the limitations
of Article XXVIII, the President may approve tuition reimbursement out
of available funds up to a maximum of sixteen (l6) credits for involved
academic year.
6. If a fiscal crisis which would require the reduction
of members of the unit occurs at any or all of the State Colleges/Universities,
and if the occurrence does not permit the notification periods specified
herein, then, if authorized by the Governor, as an alternative, the
dollar value of the shortfall may be met by withholding a portion of
the current salaries of all unit employees at the affected College/
University for part or all of the remainder of the fiscal year. The
percentage of salary retained by the College/University and withheld
shall be the same for all employees but shall not exceed 3% of their
annual base pay. Monies which were withheld shall be returned to employees
in the following fiscal year or in the next following fiscal year if
the crisis continues. The contribution to the individual's pension plan
shall not be reduced during the period of this withholding. Whenever
there is a likelihood that this program of adjustment might have to
be employed, the STATE shall consult with the UNION on all aspects of
the crisis and consider any alternative suggestions which are offered.
7. Nothing herein shall be construed as a waiver of any
rights an individual employee may have under the tenure laws or other
STATE or Federal laws or constitutional provisions.
8. In the event of a reduction in force due to a fiscal
crisis, each teaching, library or administrative area to be reduced
shall constitute a layoff unit. Layoff units need not be coincident
with established departments or other subdivisions or units but may
include identifiable programs or further subdivisions or specialities
within programs as appropriate.
9. To the extent it is not inconsistent with the preservation
of the insitution's academic integrity and educational purpose, layoffs
within a layoff unit shall be made in order of years of service, laying
off employees with the fewest years of service first.
10. The College/University shall establish a reemployment
list, including the names and qualifications of all employees on layoff
status at the College/University. Nontenured or non-multiyear contract
employees shall remain on the reemployment list until the end of the
annual contract pursuant to which they were employed on the date of
layoff. Employees who are tenured on the date of layoff shall remain
on the reemployment list for a period of five years from the date of
layoff. Employees serving under a multi-year-contract on the date of
layoff shall remain on the reemployment list for the duration of the
multi?year contract. The College/University shall not fill a vacancy
in an administrative, library or teaching area without first making
a written offer of reemployment by certified mail to those employees
on the reemployment list, if any, who the President believes as a result
of his or her academic judgment are qualified to fill the position.
In the event that two or more employees on the reemployment list have
accepted an offer of reemployment of a single vacancy, the College/University
shall give reemployment preference in faculty, librarian and professional
staff positions in reverse of the order in which they were laid off
that is, last laid off, first rehired.
11. Employees offered reemployment shall have two weeks
from receipt to respond to an offer, which shall be sent via certified
mail return receipt requested, after which it shall be deemed to have
expired. Employees on a re-employment list shall have the obligation
to keep the College/University President informed of current addresses.
12. An employee on layoff status who is re-employed after
layoff shall be reappointed with a rank and salary at least equivalent
to his or her rank and salary step when laid off, unless employed in
another capacity.
B. While any non-reappointment action of a College/University
is not to be considered a retrenchment, any employee who is notified
of non-reappointment with the exclusive reason being financial considerations
will be given priority consideration for continuation in the job held
at the time of non-reappointment, under the following circumstances:
1. The involved individual notifies the President of the
College/University within thirty (30) days of non-reappointment, in
writing, of his or her desire to be given preferential consideration.
2. The individual responds in writing to any written offer
to the reinstated job within ten (l0) calendar days of mailing of such
written offer, agreeing to acceptance of the job. The College/University
may not require a starting date which is less than fourteen (l4) calendar
days from the date of the expiration date of the College's/University's
written offer. For faculty members, if the reporting date does not coincide
with the beginning of a semester, the individual shall, upon request,
be given a reporting date coinciding with the start of such next semester
if the term of the position includes such next semester.
3. In the event that the individual accepts the job offer
and commences employment during the academic year following the individual's
last previous date of employment, such individual will be treated as
not having a break in service, except that any necessary adjustments
in the reappointment process will be made by the College/University
in consultation with the individual and the UNION. In the event the
individual has not been employed for any part of the academic year preceding
the commencement of reemployment, the individual will be treated as
a new employee, except that the individual's rank and salary rate may
not be lower than the individual's rank and salary rate at the time
last employed.
4. The priority rights will continue for the two (2) academic
years succeeding the year in which notice of non-reappointment is given.
ARTICLE XXXVIII
NEGOTIATION PROCEDURES
A. New Agreement
1. The parties agree to enter into collective negotiations
concerning a successor agreement to become effective on or after July
1, 2003 subject to the provisions set forth in Article XXXIX, Duration
and Termination.
2. Such collective negotiations shall commence no later
than October 1, 2002, unless an alternative date is mutually agreed
upon, and shall be concluded by February 1, 2003. B. The parties agree
to negotiate in good faith on all matters properly presented for negotiation.
ARTICLE XXXIX
DURATION AND TERMINATION
This Agreement shall remain in full force and effect from
July 1, 1999 until June 30, 2003. The Agreement shall automatically
be renewed from year to year thereafter, unless either party shall give
to the other party written notice of its desire to terminate, modify
or amend this Agreement. Such notice shall be given the other party
in writing by certified mail no later than September 1, 2002 or September
1 of any succeeding year for which this Agreement is automatically renewed.
Any notice transmitted pursuant to this provision shall be sent to the
STATE addressed to "Director,Office of Employee Relations, CN-228, Trenton,
New Jersey, 08625" and the UNION addressed to "President, Council of
New Jersey State College Locals, AFT, AFL-CIO, 420 Chestnut Street,
Union, New Jersey, 07083." IN WITNESS WHEREOF the parties hereto have
executed this Agreement, this 8th day of October, 1999.
FOR THE STATE OF NEW JERSEY: Philip
B. Whitcomb, Director, Governor's Office of Employee Relations
FOR THE COUNCIL OF NEW JERSEY STATE
COLLEGE LOCALS, AFT/ AFL-CIO: Mr. Nicholas C. Yovnello, President
Council of New Jersey State CollegeLocals
APPENDIX I
MULTI-YEAR APPOINTMENTS FOR FULL-TIME PROFESSIONAL
STAFF
ARTICLE I: CONTRACTS FOR FULL-TIME
PROFESSIONAL STAFF (NON-FACULTY)
A. Eligibility for Multi-Year Contracts Each member
of the professional staff not holding faculty rank or concurrent academic
rank who is a member of the State College/University bargaining unit
shall be eligible for a multi-year appointment or reappointment contract
in accordance with the provisions of Chapter 163 of the Laws of 1973.
After completion of five years of probationary service, employees not
holding faculty rank shall be considered for a multi-year contract.
Each initial appointment to a multi-year contract shall be for three
(3) full fiscal years. Subsequent reappointments shall be for four (4)
years, and then five (5) years. All subsequent contracts shall be for
five (5) full fiscal years. When a member of the professional staff
is offered a multi-year appointment or reappointment contract, he or
she shall be provided with the information described in Article XIII.B
of the Master Agreement. The fiscal year is from July 1 to June 30.
Contracts for professional staff members shall be concurrent with the
fiscal year. In order for the initial term of employment to qualify
as a full fiscal year for purposes of the multi-year contract probationary
period, employment under the contract must begin no later than December
31.
B. Multi-Year Contract Appointments and Reappointments
Each candidate for a multi-year appointment or reappointment contract
shall undergo a thorough and rigorous review of his or her qualification
for continued employment at the College/University, and such employee
will be expected to present evidence of past performance and future
potential such as to warrant the granting of a multi-year contract in
the candidate's professional staff position.
C. Process of Evaluation
l. The entire professional performance record of a member
of the professional staff shall be considered at the time such employee
is being considered for a multi-year appointment or reappointment contract.
The candidate may include any additional material which he/she deems
appropriate.
2. Each member of the professional staff who is eligible
for a multi-year appointment or reappointment contract shall prepare
a written self-evaluation which shall include: a review of past performance
and achievements bearing on the contemplated personnel action; a complete
description of current professional responsibilities; an analysis of
professional contributions and potential for continued development;
and a statement of professional goals and objectives. The candidate
may include any additional information which he/she deems appropriate.
3. Each member of the professional staff who is eligible
for a multi-year appointment or reappointment contract may be evaluated
by employees, who may be in or out of the bargaining unit, who serve
in a regular and continuing functional working relationship to the candidate.
Employees serving in a functional working relationship shall be those
identified by the immediate supervisor of the candidate, after consultation
with the candidate. The candidate's immediate supervisor shall request
such identified employees to provide a written appraisal of the candidate's
ability, performance, contributions, and potential. Where the candidate
and the immediate supervisor, after consultation, disagree as to which
employees serve in a functional working relationship to the candidate,
the immediate supervisor and the candidate each will identify employees,
if any, who serve in a functional relationship and the immediate supervisor
will request written appraisals from all employees so identified.
4. Each College/University shall consult with the Local
UNION as to whether the concept of "User Evaluations" shall be made
a part of the multi-year contract evaluation process. If a decision
is made to utilize this concept, the College/ University shall consult
with the Local UNION concerning procedures under which the concept will
be implemented and the process by which a user evaluation instrument
or instruments will be developed. "Users" for the purpose of this Article
shall mean a clearly identifiable constituency including a sufficient
number of individuals who have an ongoing and regular professional relationship
with the candidate so as to provide a meaningful sample of evaluations.
5. All evaluations of the candidate prepared by him or
herself, by employees serving in functional working relationships and
by users shall be submitted to the candidate's immediate supervisor,
who shall see that the evaluation material is placed in the candidate's
personnel file in accordance with the provisions of Article XXIX of
the Master Agreement. The candidate's personnel file shall be available
to the supervisor and other administrative officers for use in making
their recommendations.
D. Definition of Immediate Supervisor For the purposes
of this Article, the immediate supervisor shall be construed as that
supervisory, management-level person not included in the State College/
University negotiating unit who is first reached in the normal chain
of command leading from the candidate.
E. Time Limit on Grievances Grievances involving
alleged violations of this Article must be filed within forty five (45)
days from the date upon which such claimed violation took place or forty
five (45) days from the date on which the candidate should have reasonably
known of its occurrence.
F. Review/Notification Timetable By October 1 of
each year, the President of the College/University, in consultation
with the Local UNION, shall establish and publish the schedule of times
for the initiation/completion of the basic steps in the review and evaluation
of professional staff eligible for multi-year appointment or reappointment
contracts. Such schedule shall not violate any provision of the Agreement.
Eligible professional staff members must be notified by the president
no later than December 15 in their fifth year of service of their reappointment
or nonreappointment to a contract of three (3) fiscal years in length.
G. Promotion
A professional staff member serving under a multi-year
contract who is promoted in title shall, at minimum, serve one year
in his or her new position before becoming eligible for consideration
of a multi-year contract in that new position. Professional Staff employees
serving in multi-year contracts who are promoted will be considered
for renewal of such multi-year contracts in their old positions if they
come up for evaluation for renewal of such contracts during the one-year
probationary period in their new position. The College/University will
consider both performance in the old position and performance in the
new position in determining whether a renewal will be granted. At the
end of the probationary period in the new position, a new multi-year
contract shall be issued to successful probationers in the new position
of length equal to the time remaining in the current multi-year contract.
ARTICLE II: CAREER LADDER
A joint UNION-STATE committee will consider the subject
of a career ladder. If the STATE and UNION agree that certain positions
should be reclassified into a series of positions involving a career
ladder, a joint recommendation will be made to the applicable authority.
ARTICLE III: CAREER DEVELOPMENT
A. Professional staff are eligible for Career Development
Assistance as outlined in Appendix II.
B. The process for consideration of members of
the professional staff for career development assistance, more fully
described in Appendix II, shall include as the evaluation component
the process for consideration of such members for multi-year appointment
contracts. In addition, in situations where a member of the professional
staff is granted a multi-year appointment contract, but where the President
has identified areas in which career development is appropriate, the
President shall send a written report specifically describing them to
a Professional Staff Assessment Committee (PSAC). The PSAC shall evaluate
the career development needs of the staff member and make an appropriate
recommendation to the Career Development Committee (CDC), described
in Appendix II. Nothing herein is intended to preclude a member of the
professional staff who was granted a multi-year appointment contract
and for whom the President did not find areas in which career development
was appropriate, or who was not the subject of an evaluation, to submit
an application to the CDC for career development assistance.
ARTICLE IV: PRESERVATION OF RIGHTS
Nothing contained in this Appendix shall be construed
to prejudice the positions of the parties with respect to the issue
of the number and/or percentages of members of the professional staff
who may serve on multi-year appointment contracts.
ARTICLE V: REASSIGNMENTS
Professional staff members serving under a multi-year
contract may be assigned by the President to any professional position
within their areas of competence and qualifications during the term
of the contract, but their salaries may not be reduced during the duration
of the contract below that which they would have received had they continued
in their original position, and they may be dismissed from the College/University
during the term of the contract only for cause consistent with appropriate
statutory provisions.
APPENDIX II
CAREER DEVELOPMENT PROGRAM FOR ALL FULL-TIME EMPLOYEES
PREAMBLE
This process is intended to enhance the natural dedication
of individual faculty members and librarians to pursue a vigorous program
of continuing professional development subsequent to the probationary
period at the College/University. It is structured to aid employees
in the development of a positive program of professional growth and
career development. So that faculty, librarians and professional staff
are fully cognizant of the immediate and longer range institutional,
school and department goals and areas of high programmatic need and
growth potential, the administration of each College/University will
make these known. Every five years, the individual tenured faculty member/librarian
shall engage in an in-depth self-study to determine the manner in which
he/she may best advance his/her own professional growth. Participation
in this program will not only yield great personal reward but will also
serve to satisfy the requirements of N.J.S.A. 18A:60-10. Additionally,
participation will secure priority access to funds negotiated for this
purpose, as well as any other institutional funds which may be made
available. It is further recognized by the parties that a program of
genuine career development for the improvement of instruction should
be positive in nature and is best achieved in an atmosphere of trust
and cooperation.
The career development program is not intended to constitute
a replacement for or waiver of rights of any individual accruing under
Title 18A of the Revised New Jersey Statutes. No personnel actions involving
punitive procedures shall be based on or in any way use the results
of the evaluations for the career development program.
The employer shall not be prevented from following up
leads developed in the career development evaluation process. The following
shall constitute the criteria in priority order for determining the
allocation of career development funds:
1. Employees who were assessed and found to have identified
areas for improvement.
2. Applications which are consistent with the expressed
direction/mission and needs of the College/University and/or to improve
instruction.
3. Other criteria as determined by each College/University.
ARTICLE I: ASSESSMENT COMMITTEES
A. The primary responsibilities of the Assessment
Committees (AC) shall be the assessment of the individual's professional
growth, contributions to the College/ University, teaching effectiveness
and the identification of any area(s) for improvement.
B. The AC may be the personnel committee of each
department or other appropriate academic unit which constitutes the
first level of consideration in the personnel process currently in force
at each College/University. Only tenured faculty may serve on AC's.
C. Assessments shall be based on the following:
1. The Individual Faculty Member Self-Study. On a five-year
cycle, the faculty member/librarian will engage in a thorough and in-depth
process of self-reflection. The format for the presentation of the results
of the process of self reflection should at a minimum include:
a. An assessment of his/her contributions including contributions
to the direction/mission of the department, school and College/University
over the last five years and his/her intentions for future contributions;
b. An assessment of his/her teaching effectiveness;
c. A statement of his/her own professional objectives
and how they might best be achieved;
d. An assessment of professional strengths and/or areas
for improvement;
e. What career development assistance is needed.
2. Peer Assessment. If classroom observations are utilized
in the assessment process at a College/University, there shall be provision
for advance notice of the observation, and a post-evaluation conference.
The employee shall have the opportunity to respond to the report of
the classroom observation.
3. Student Input. Assessment of teaching effectiveness
may also include student input obtained by means of a formal process.
The AC shall have access to such data. All student data shall be collected
in a regular and systematic fashion and in writing consisistent with
existing College/University policy and procedures.
D. Consultation
1. Prior to preparing its report, the AC shall meet with
the individual to discuss the assessment. At this meeting the AC may
solicit from the individual such additional evidence, information and
material as may be deemed relevant and necessary to the AC's deliberations.
2. The AC shall prepare a final report summarizing its
findings including recommendations for resources needed for career development
and to address any areas for improvement. This report shall be submitted
to the individual being assessed. Within five (5) calendar days after
the transmission of the report, the individual who is the subject of
the report may present a written request to the AC to reconsider its
recommendations. In the request, the individual shall state the specific
reasons why he or she feels that the recommendation is inappropriate.
If the AC grants the individual's request for reconsideration, it will
expedite the reconsideration process so as to allow for the overall
completion of the assessment process in a timely fashion. The AC shall
forward the final report and all supporting documentation to the President
or designee thereof with a copy to the individual.
E. The AC report shall be comprehensive and shall
include:
1. A review of the individual's professional growth, professional
performance and contributions, including contributions to the department
and College/ University, primarily during the preceding five (5) years,
and the individual's intentions for future professional growth and contributions.
2. An identification of the individual's strengths and
teaching effectiveness and identification of areas for improvement,
if any.
3. In addition, the AC may prepare a recommended plan
for career development tailored to the individual's needs utilizing
the resources available at the College/ University under the Career
Development Program. In the event the AC intends to prepare such a recommendation,
the AC shall consult with the individual.
F. The individual may forward to the President
or his or her designee a written response to the AC report. Any response
shall be attached to the report.
ARTICLE II: PROFESSIONAL STAFF ASSESSMENT COMMITTEE
A. A Professional Staff Assessment Committee (PSAC)
shall be established at each College/University. The composition of
the PSAC shall be determined tthrough discussion between the College/University
and the Local UNION.
B. In the event that a member of the professional
staff has been granted a multi-year appointment contract, and for whom
the President has identified areas in which career development is appropriate,
the President shall send a written report specifically describing them
to the PSAC, which will then undertake the review described below.
C. The primary responsibility of the PSAC shall
be the review of career development needs of members of the professional
staff who have been granted multi-year appointment contracts, and for
whom the President has identified areas in which career development
is appropriate. The PSAC will first submit its written recommendation
to the employee. Within five (5) calendar days after the transmission
of the report, the individual who is the subject of the report may present
a written request to the PSAC to reconsider its recommendation. In the
request the individual shall state the specific reasons why he or she
feels the recommendation is inappropriate. If the PSAC grants the individual's
request for reconsideration, it will expedite the reconsideration process
so as to allow for the overall completion of the assessment process
in a timely fashion. The PSAC shall transmit a written recommendation
including all supporting documentation to the Career Development Committee,
with a copy to the College/University President and to the employee,
as to the specific career development needs of each member of the professional
staff who has been the subject of a review.
D. Prior to preparing its report to the CDC, the
PSAC shall meet with the individual to discuss his or her career development
needs and to solicit from the individual such additional evidence, information
and material as may be deemed relevant and necessary to the PSAC's deliberations.
ARTICLE III: PRESIDENTIAL/DESIGNEE REVIEW
Should the President/designee disagree with any aspect
of the AC's report and recommendations, he or she shall confer with
the individual and the AC. The President/designee shall then prepare
a written statement setting forth the relevant areas of disagreement
and the specific grounds therefor. If there are no disagreements, the
President/designee shall so state. The President/designee need not respond
to any recommended career development program at this point in the process.
ARTICLE IV: CAREER DEVELOPMENT COMMITTEE (CDC)
A. The CDC shall include members of the bargaining
unit. The total number of committee members shall be determined by each
College/University in conjunction with the Local UNION at the College/University.
The number of non-bargaining unit members shall not exceed one-third
(1/3) of the overall composition of the Committee, unless otherwise
agreed to between the College/University and the Local UNION.
1. At least one (1) member of the CDC shall be appointed
by the Adminstration as its representative.
2. At least one (1) member of the CDC shall be appointed
by the Local UNION as its representative.
3. The other bargaining unit members of the CDC shall
be elected from among the members of the bargaining unit, provided that
bargaining unit candidates must be either tenured or serving under multi-year
contracts.
4. No more than one (1) elected member of the CDC shall
be elected from any given division, school, or other major academic/administrative
subdivision of the College/University.
5. The Local UNION and the College/University administration
shall agree to election procedures which shall assure equitable distribution
of seats on the CDC among the divisions, schools or other major academic/administrative
subdivisions of the College/University.
B. The CDC shall receive and consider the reports
of the AC's, the supporting documentation, and the statements of the
President/designee concerning all employees being assessed.
C. Employees not undergoing assessment may submit
applications to the CDC for Career Development Assistance as well. Such
applications shall contain such information as the applicant deems relevant
in support of the application.
D. Information
1. The CDC shall prepare recommendations concerning the
Career Development Programs and Career Development Assistance to be
implemented at the College/University, and from time to time, as needed,
will make recommendations for improvements.
2. The CDC shall notify the President of modes of activity
contemplated.
3. The President shall provide the CDC with estimates
of the costs associated with each contemplated mode of activity and
estimates of the costs for participation per individual in each mode.
The estimates shall include direct costs but shall not include indirect
cost such as, but not limited to, the maintenance of College/ University
facilities which may be utilized or heating, lighting or air conditioning.
E. The CDC shall, whenever necessary, consult with
Assessment Committees, and individual candidates and applicants concerning
their recommendations.
F. The CDC shall annually prepare a report to
the President containing its recommendations concerning the allocation
of Career Development funds, and such supplemental reports and recommendations
as may be necessary. In addition, the CDC shall notify each candidate
for assistance in writing of its recommendations concerning that candidate.
Copies of all the above material shall be forwarded to the President,
together with copies of all materials on which the CDC's report is based.
The Local UNION shall receive a copy of the annual report and copies
of all relevant materials on which the CDC report is based.
G. Each affected individual shall have the opportunity
to respond in writing to the CDC's recommendations. The responses shall
be forwarded to the President.
H. The Chairperson of the CDC shall be a member
of the negotiating unit who is elected by the CDC.
I. Direct costs of conducting the activities of
the CDC, including administrative and secretarial costs, may be chargeable
to the funds allocated to the Career Development Program.
ARTICLE V: PRESIDENTIAL REVIEW
A. The President shall review the report(s) of
the CDC and may accept, reject, or modify each of its recommendations.
B. In the event the President modifies or rejects
any of the CDC's recommendations, the President shall set forth in writing
relevant reasons specific to the individual actions and transmit these
reasons to the CDC, the affected individual and, where relevant, to
the Board of Trustees.
C. Where the implementation of the President's
recommendations requires Board action, the President shall present them
to the Board of Trustees.
ARTICLE VI: PERSONNEL FILES
All materials generated in the career development assessment
process shall be placed in the individual's personnel file.
ARTICLE VII: FAIR AND EQUITABLE APPLICATION OF PROCEDURES
The procedures for conducting the career development assessment
and the assignment of career development resources shall be fairly and
equitably applied to all employees. Violations shall be grievable under
Article VII.B.1 of the Agreement. If an arbitrator determines that a
violation has occurred, the remedy shall be to remand the matter to
the appropriate level for reconsideration; however, in the alternative,
where the arbitrator determines that a violation has occurred, he/she
may set aside the assessment and direct that the career development
assessment be repeated in its entirety de novo. If the latter remedy
is prescribed, the employee shall be considered as part of the next
group coming up for assessment, and the records concerning the original
assessment shall not be included in the individual's personnel file.
ARTICLE VIII: GENERAL CAREER DEVELOPMENT ASSISTANCE
PROGRAM
The general Career Development Assistance Program shall
include the following:
A. Tuition Reimbursement
1. When a Career Development leave is approved for the
purpose of engaging in specific educational activity, tuition expenses
shall be reimbursed at full cost. The limitations set forth in Article
XXVIII of the Master Agreement shall not apply. Recommendations for
approval for tuition reimbursement may be submitted by the CDC to the
President.
2. The general tuition reimbursement program set forth
in Article XXVIII of the Master Agreement shall continue except as modified
by subparagraph l above.
B. Expenses for travel to professional meetings,
conferences, short courses and seminars.
C. Career Development Leaves
1. Career Development Leaves (CDL) may be granted for
up to two consecutive academic years.
2. a. CD Leaves not exceeding one-half (½) year in duration
shall be at the rate of three-quarters (3/4) salary.
b. CD Leaves exceeding one-half (½) year in duration shall
be at the rate of half (½) salary or at the rate of the employee's salary
less $7552, whichever is greater. No employee shall receive a rate of
less than $l2,594.
3. The provisions of Article XXVII.B.4 through 7 of the
Agreement shall apply to CD Leaves.
4. When computing the annual or prorated cost for replacing
a faculty member who has been granted a CD Leave, it shall be presumed
that one-half (½) the faculty member's full teaching obligation will
be fulfilled through the use of overload assignments and one-half (½)
through the use of a full-time faculty member being compensated at Step
One of the Assistant Professor salary range. In the latter case, the
per-teaching-credit cost shall be computed by dividing the annual salary
rate by 24.
D. Alternate assignments within load for research,
study, and participation in other aspects of the Career Development
Program. The replacement cost for faculty members shall be computed
by use of the formula set forth in paragraph C.4 above.
E. Financial support for the purpose of equipment,
travel, or other items necessary for the successful completion of a
research project. F. Seminars, colloquia or other internal programs
relating to teaching techniques and methodology or topics relative to
the improvement of professional techniques and methodology of other
professional employees. G. Other forms of assistance or programs
where circumstances warrant them. H. There is no requirement
that all of the above elements of the Career Development Assistance
Program be utilized in any particular year. I. Funds for professional
development may be available from the Federal Government or from various
private foundations. The CDC may make recommendations to the President
as to how the College/University may seek out such programs and create
proposals for submission to the appropriate agency(ies).
ARTICLE IX: SUPPLEMENTAL FUNDING
Nothing in this Appendix shall be construed as preventing
a College/ University from supplementing the specific funds available
under Article XXI, Subparagraph G where, in the judgment of the College/University,
such supplementation would be appropriate; nor shall anything in this
Appendix be construed as prohibiting any College/University from exercising
its managerial or academic judgment in regard to the utilization of
monies or other resources not specifically committed to the funding
or support of the Career Development Program outlined in this Appendix.
ARTICLE X: IMPLEMENTATION
A. 1. This Appendix shall apply generally to tenured
faculty members and tenured librarians and, where applicable, members
of the professional staff who have been granted multi-year contracts.
2. Employees who have not received reappointment conferring
tenure or a multi-year contract may apply to the CDC for career development
assistance provided that they have received reappointment for the year
following their application and provided that they are only eligible
for assistance which is compatible with the limited nature of their
reappointments.
B. Beginning with the academic year l977-78, and
each succeeding year thereafter, one-fifth (1/5) of the tenured faculty
of each College/University shall be reviewed by the process described
herein, beginning with the most senior fifth in the first year and continuing
in order of seniority for each succeeding year. The process shall be
repeated beginning in the sixth year of the program (1982-83). No individual
shall undergo review who has been on tenure for less than five (5) years,
nor shall any person undergo review more than once in each succeeding
five (5) year period, except as a part of a follow-up as to employees
who need improvement or to determine the effectiveness of the Career
Development Program, provided that no individual shall undergo more
than one follow-up review in each five (5) year period.
APPENDIX III A. HARRY MOORE SCHOOL
This Appendix applies to the full-time teaching staff
of the A. Harry Moore School of New Jersey City University. Specifically
included herein are the titles Demonstration Teacher-A. Harry Moore
and Demonstration Specialist-A. Harry Moore. Unless otherwise specified,
the term "employee" as used herein applies to Demonstration Teacher-A.
Harry Moore School and Demonstration Specialist-A. Harry Moore School.
Where practicable this Appendix shall also apply to individuals serving
in the payroll title Demonstration Teacher at other State Colleges/Universities.
A. l. Any employee who completes thirty (30) credits
beyond the master's degree shall be compensated at approximately $500
per annum beyond the current salary effective in the following semester.
It is agreed that any of the thirty (30) credits to be accumulated or
presently accumulated shall be in an area that will increase such employee's
expertise in his or her area of teaching or work as approved by the
President or his or her designee.
2. An employee who obtains an earned doctorate in a discipline
related to his or her employment will receive a one-time cash bonus
of $1,000.00 in recognition of this achievement.
B. Employees who participate in a Student Teacher
Program as cooperating teacher shall receive $100 for each student paying
the Student Teacher fee.
C. Employees who participate as the assigned teacher
in the Junior Practicum Experience shall receive $30 for each student
paying such fee.
D. Any employee at the A. Harry Moore School on
full-time assignment there who teaches a course in addition to the workload
at New Jersey City University or A. Harry Moore School, shall be paid
at the current overload rate based on the teaching credit hours or their
full or partial equivalency for the course.
E. Qualified employees shall have priority consideration
in appointments to summer session assignments related to A. Harry Moore
School programs within their individual competency, except in unusual
circumstances.
F. All employees shall have a duty-free lunch period
of at least thirty (30) minutes except in instances where temporary
scheduling may lessen the time for both pupils and teachers.
G. The existing general practice of providing
preparation periods for employees engaged in teaching shall continue.
At A. Harry Moore School only, each such employee shall receive one
(l) uninterrupted preparation period per day, except when unexpected
circumstances intervene.
H. In exceptional cases individuals may present
qualifications as to education and experience that are adjudged to be
the equivalent of the qualifications for Demonstration Teacher-A. Harry
Moore and Demonstration Specialist-A. Harry Moore although not corresponding
to them to the letter. In such cases, the UNION shall have the right
to appoint one (1) employee observer to the Faculty Affairs Committee.
The Faculty Affairs Committee shall review the qualifications of all
the exceptional cases, and the recommendations of this committee shall
be forwarded to the President prior to the President's
APPENDIX IV STATE COLLEGES/UNIVERSITIES TUITION WAIVER
PROGRAM
A. The TuitionWaiver Program provides tuition assistance
to employees who take approved courses at the College/University where
they are employed on their own time. The intent of the program is to
fulfill the needs of the State College/University sponsoring the aid,
State government as a whole and to enhance employee development. Each
College/University shall determine its needs and waive tuition for employees
engaged in an approved course of study.
B. Each State College/University shall prepare
a tuition aid plan at the beginning of each fiscal year with consideration
given to affirmative action responsibilities.
The plan shall specify:
l. Employee eligibility which is limited to full-time
employees with exceptions granted on a case by case basis by the College/University;
2. Internal application procedure;
3. Maximum amount of aid available per person not to exceed
$1000 or the cost of twelve credits, whichever is greater, per year
or education program;
4. Acceptable academic grades for waiver of tuition;
5. Eligible costs; and
6. A procedure to notify employees of approval or disapproval.
C. Employees who do not satisfactorily complete
courses for which tuition waiver had been granted, shall be required
to reimburse the College/University for all waived costs. Until such
reimbursement has been made, no further waivers will be available to
that employee.
D. l. It is understood that major programmatic
changes shall not be made without negotiating with the Union whenever
that obligation would exist.
2. Additional criteria for determining eligibility within
the program may be established by the College/University.
E. When an employee is on an approved program of
study under the tuition waiver program, and a course under that program
is either not available or oversubscribed at the College/University
where the employee works, an exception will be granted to the employee
to take such course at another State College/University if such course
is taught at the other institution.
LETTER OF AGREEMENT I
COMMITTEES ON WORK SURROUNDINGS, EQUIPMENT AND SUPPORT
PERSONNEL
The parties recognize that adequate work surroundings, equipment and
support personnel are necessary to the fulfillment of the goals of the
Colleges/Universities. Toward this end it is agreed that each College/University
and each Local UNION shall establish a committee to examine such questions
as office space, office equipment, telephones, lounges, classroom equipment,
secretarial assistance and maintenance of facilities. The committee
shall report its recommendation to the President. The composition of
the committee will include an equal number of employees appointed by
the Local UNION and administrative representatives appointed by the
College/University President. The College/ University and the Local
UNION may agree to appoint additional persons from the College/ University
community to the committee.
The President or his or her designee(s) shall meet with the Local UNION
to discuss the recommendations of the committee, prior to formally indicating
his or her reaction to the recommendations.
LETTER OF AGREEMENT II
INSTITUTIONAL GOALS
In order to provide for interested full-time faculty, librarians, and
staff members to pursue retraining and professional development consistent
with institutional needs, the administration of each State College/University
will set forth its immediate and longer range institutional goals and
will make these known so that faculty, librarians and professional staff
are fully cognizant of areas of high programmatic need and growth potential.
The Local UNION and the Administration shall meet and discuss the implementation
of the retraining program.
The STATE and the UNION agree that elements of the current Agreement
such as Sabbatical Leave Program, the Career Development Program, the
Tuition Reimbursement Program and Professional Staff Leaves may be utilized,
as appropriate, to enhance the retraining opportunities for full-time
faculty, librarians, and professional staff members.
Applications by tenured faculty, librarians and employees serving in
multi-year contracts for participation in these programs which are consistent
with the expressed goals and needs of the College/University may be
given priority consideration to a reasonable extent.
LETTER OF AGREEMENT III
REAPPOINTMENT OF ASSISTANT DIRECTORS OF THE LIBRARY
Procedures currently in effect for reappointment of full-time Assistant
Directors of the Library will continue unless modified by local negotiations.
LETTER OF AGREEMENT IV
HEALTH INSURANCE IN RETIREMENT
A. The State agrees to assume upon retirement the full cost of the
Health Benefits coverage for State employees and their dependents including
the cost of charges under Part B of the Federal Medicare Program for
eligible employees and their spouses, but not including survivors, for
employees who accrue 25 years of pension credit service, as provided
under the State plan, by July 1, 1997, and those employees who retire
for disability on the basis of fewer years of pension credit in the
State plan by July 1, 1997. B. Those employees who accrue 25 years of
pension credit service or retire on a disability retirement during the
period from July 1, 1997 through June 30, 2000 are eligible to receive
the following when they retire: 1. Employees in this group who elect
to enroll in the Managed Care/Point of Service (NJ PLUS) or any of the
approved HMO Plans shall not have to contribute to the cost of any premium
for health insurance coverage. 2. Employees in this group who elect
to enroll in the Traditional Plan and earn $40,000 or more in base salary
in the year they retire shall pay the difference between the cost of
the Traditional Plan and the average of the cost to the State of the
Managed Care/Point of Service (NJ PLUS) and the approved HMO Plans for
health insurance coverage. 3. Employees in this group who elect to enroll
in the Traditional Plan and earn less than $40,000 in base salary in
the year they retire shall pay 1% of their annual base pay at retirement
but not less than $20.00 a month for health insurance coverage. 4. Employees
in this group shall receive Medicare Part B reimbursement after retirement
up to a cap of $46.10 per month per eligible employee and the employee's
spouse. C. Those employees who accrue 25 years of pension credit service
or retire on a disability retirement during the period from July 1,
2000 through June 30, 2003 are eligible to receive the following when
they retire: 1. Employees in this group who elect to enroll in the Managed
Care/Point of Service (NJ PLUS) or any of the approved HMO Plans in
retirement shall not have to contribute to the cost of any premium for
health insurance coverage. 2. Employees in this group who elect to enroll
in the Traditional Plan shall pay 25% of the premium cost of the Traditional
Plan for health insurance coverage. 3. Employees in this group shall
receive Medicare Part B reimbursement after retirement up to a cap of
$46.10 per month per eligible employee and the employee's spouse. D.
Those employees who accrue 25 years of pension credit or retire on a
disability retirement on or after July 1, 2003 will be subject to the
provision of Paragraph C above, unless superceded by collective negotiations
or law. E. All retirees who elect approved HMOs may choose only one
family policy, regardless of retirement date. F. Employees hired on
or after July 1, 1995 will not receive any reimbursement for Medicare
Part B after retirement. G. Employees who elect deferred retirement
are not entitled to health benefits under this provision.
LETTER OF AGREEMENT V
LABOR-MANAGEMENT HEALTH CARE ADVISORY COMMITTEE AND
COST CONTAINMENT COMMITTEE
A. There shall be established a Labor Management Health Care
Advisory Committee to expedite, on a voluntary basis, the transition
of negotiations unit employees from the Traditional Plan and Health
Maintenance Organizations to NJ PLUS from July 1, 1999 through December
31, 2000. The Committee shall consist of four designees of the Division
of Pensions and benefits and four designees to be selected by the UNION.
The Committee shall decide on what advice and recommendations will be
made in determining the following issues:
1. County-by-County problem solving In-Network establishment with a
standard of two doctors within a five?mile radius of the covered employee
where sufficient providers exist; and at least 75% of the hospitals
in New Jersey under contract.
2. For current employees in rural areas where access is less than two
primary care physicians within 20 miles, the minimum solution shall
be the design of the Traditional Plan.
3. All problems concerning transition cases and pre-existing conditions
shall be resolved by having as the minimum solution the design of the
Traditional Plan. The Committee decisions shall be by majority vote.
Ties shall be broken by the State Health Benefits Commission. The Committee
shall endeavor to make the benefits of NJ PLUS available to a maximum
number of employees in the negotiations unit, discuss problems of substance
abuse, and shall create conditions to facilitate the movement of State
employees and their dependents from the Traditional Plan and Health
Maintenance Organizations to NJ PLUS.
B. The STATE and the UNION agree to continue the Labor?Management
Cost Containment Committee with equal representation of management and
the UNION. All costs associated with implementing the Committee's objectives
that are mutually agreed to by the UNION and management shall be borne
by the STATE. The term "health insurance carrier" shall include all
providers of health services for represented employees, including HMOs
and plan administrators.
The committee shall:
1. Conduct an ongoing study of activities, which have the potential
of limiting health plan costs without shifting costs to workers or otherwise
reducing levels of benefits or quality of care. The study shall develop
recommendations for measures to hold insurance carriers, administrators
and hospitals and physicians more accountable for controlling health
care costs.
2. Conduct an ongoing review of any cost control programs agreed upon
in the health care benefits contract. In performance of its duties,
the Committee may have direct access to representatives of all health
plan carriers providing plans to employees when and as deemed appropriate
by management and the UNION. The Committee shall receive copies of public
document reports on the health plan (including health plan costs and
utilization information) and shall have the ability to request additional
reports mutually agreed upon by management and the UNION.
3. The Committee shall have the ability to request regular reports
on cost control programs mutually agreed upon by management and the
UNION. Such reports shall address costs of operating the program, activities,
savings (including assumptions) and future plans/recommendations.
4. The Committee may also recommend additional measures or alternatives,
consistent with the goals set forth above.
LETTER OF AGREEMENT VI
COMMITTEE ON INTELLECTUAL PROPERTY AND DISTANCE LEARNING
A. A Committee comprised of an equal number of representatives
from the Colleges/Universities and the UNION, which will include individuals
from the affected College/University, shall be established. The purpose
of the Committee is to consider issues that occur during the term of
this Agreement relating to Intellectual Property and Distance Learning
where there has been a change (or where the College/University intends
to make a change) in a policy or practice, or where a College/University
establishes or intends to establish a new policy.
B. The Committee will meet at the request of the UNION whenever
an issue arises. The Committee will review the matter presented and
attempt to reach a resolution.
C. If no resolution is agreed to within thirty days, the UNION
may request negotiations of those matters 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.
D. Nothing contained herein shall limit any authority the College/University
has under the law to direct that assignments be implemented during the
pendency of the consultation or negotiations, nor does anything herein
constitute a waiver of any rights the UNION may have pursuant to the
New Jersey Employer-Employee Relations Act, as amended.
E. This Letter of Agreement does not apply to Thomas Edison State College.
LETTER OF AGREEMENT VII
APPEAL OF RECLASSIFICATION DISPUTES
All disputes concerning reclassification shall be resolved by appeal
pursuant to N.J.S.A. 18A: 3B-6(f) except that disputes concerning the
application of the 90-day deadline set forth in Article XVI.G.2 shall
be grievable pursuant to Article VII.B.1. Article VII of the Agreement
shall apply to reclassification under the same terms and limitations
as such Article applies to faculty promotions.
SIDE LETTER OF AGREEMENT I
The language contained in Appendix II of the Agreement in no way limits
the right of each College/University to require, during the tenuring
process, a statement of intentions for future professional growth and
contributions from the individual being considered for tenure.