FULL-TIME/PART-TIME BARGAINING DEMANDS
Non-economic
The UNION's proposals for changes in the Agreement are set forth below. If there is no explicit entry concerning a given section of the Agreement, the UNION proposes to continue the current contractual language without alteration.
I. RECOGNITION AND DEFINITION OF TERMS
A. Academic specialists, e.g., Visiting Faculty/Specialists and Project Specialists shall be included in the bargaining unit.
B. A.1 Teaching, library and/or research faculty
C. Delete A.4
D. Excluded: Delete from 6. “academic specialists”
E. Excluded: Delete 8.
F. Change reference to “adjuncts” in A. “Excluded” to “adjunct faculty.”
II. NON- DISCRIMINATION
Re-title as NON-DISCRIMINATION AND FAIR TREATMENT
A. Existing paragraph
B. (New section)
The State and the Union agree that the working environment shall be characterized by mutual respect for the common dignity to which all individuals are entitled. It is agreed that harassment of an employee is inappropriate.
ARTICLE III. NO STRIKE OR LOCKOUT
Delete this article
(NEW ARTICLE) FAIR AND EQUITABLE APPLICATION OF THE AGREEMENT TO ALL EMPLOYEES
The STATE shall apply all provisions of this Agreement fairly and equitably to all employees.
VI. DUES DEDUCTION
A. Representation Fee
The implementation of the agency fee program shall not be contingent on the achievement of a percentage of membership.
B. In the event that a College/University receives dues deduction and COPE deduction cards or donations to COPE directly, the College/University shall provide the Local Union with copies of same not later than fifteen (15) days after receipt.
VII. GRIEVANCE PROCEDURE
A. The College/University shall notify the local Union whenever it enters into informal discussions of a grievance filed by an employee.
B. The UNION shall have the right to be present at a Step 1 grievance hearing where an employee wishes to process a grievance on his or her own behalf.
C. Section G.1. Reword as follows: The individual employee or the UNION shall file a grievance within forty-five (45) calendar days from the date on which the act which is the subject of the grievance occurred or forty-five (45) calendar days from the date on which the individual employee or Union should reasonably known of its occurrence.
(NEW ARTICLE) DISCIPLINE
A. Discipline of an employee shall be imposed only for just cause.
B. Discipline shall be defined as written reprimand, suspension, demotion (in title), reassignment, or dismissal.
C. The burden of proof in such cases shall rest with the College/University.
D. Procedures
1. In the event that a College/University determines that it wishes to interview an employee about a matter that might lead to discipline as defined above, the College/University shall give the employee and the Local UNION written notice of the interview. Said notice shall specify the nature of the charge, provide a description of the alleged acts and/or conduct upon which the interview is to be based and shall include any and all documents and materials related to the interview. A copy of the written notice shall be sent simultaneously to the Local UNION President. No interview may be held until all of the above requirements are met.
2. If the employee determines he/she wishes union representation, the Local Union shall be granted at least five (5) working days but no more than ten (10) working days to prepare for the interview.
3. In the event that the employee declines union representation, the Local Union shall have the right to have an observer at any meetings at which the employee is present.
4. Interviews shall be conducted in accordance with the requirements of applicable case law.
E. Non-tenure Appeals
In the event that the employee is disciplined as set forth above, the employee shall have the right to grieve the discipline pursuant to Article VII of the Agreement.
F. General
1. An employee may only be suspended prior to a hearing where it is clear that the employee is a hazard to others on campus.
2. If an employee is to be suspended for the reasons set forth in item one, the employee must be first apprised in writing of why an immediate suspension is necessary, the charges and general evidence in support of the charges and provided with five (5) working days to review the charges in order to respond. The employee shall have the right to be represented by an authorized Union representative.
3. Where criminal charges are filed, the right of the employee to representation by his/her attorney shall not be denied.
4. An employee shall not be disciplined for acts that occurred more than one (1) year prior to any investigatory interview.
VIII. UNION-EMPLOYER INFORMATION EXCHANGE
A. By October 15 and February 15 of each year, each college shall provide the Union with copies of the job description of each member of the professional staff. The job descriptions shall include the following information: State (generic) and local titles, department, supervisor’s name and name of current incumbent.
B. Where funds or funding obligations are allocated among the colleges/universities pursuant to this Agreement, the Council and the State shall mutually agree to and inform each college and Local Union of the specific figures for that college/university.
C. Each State College/University agrees to send all mail, including e-mail, only to those addresses supplied by the Local UNION.
D. The second and third sentences of Article VIII.C of the Agreement shall read: The register shall be provided to the Council and the Local UNION both in written form (hard copy) and in digital form transmitted by e-mail. The information shall be in the form of an Access file or Excel file.
The following fields shall be added to the present list:
1. Social Security Number
2. Status (Full Time, Part Time, Sabbatical, Leave Without Pay)
3. Date of hire
4. Campus E-mail address
E. Each college/university shall provide the Local Union with the following information on a monthly basis:
1. New Hires
2. Terminations
3. Retirements
4. Promotions, Range Adjustments, Performance Based Promotions
5. Reclassifications
6. Changes in unit status
F. Each College/University shall provide a link to the Local UNION’s website.
G. Each College/University shall post all policies and procedures affecting employees on its website and shall keep these pages current.
IX. UNION-BOARD RELATIONS
A. Remove Section D. from Article IX and place in Article X, “UNION RIGHTS.” Reword as follows: The Local UNION shall have the right to appoint one employee observer to all committees, including search committees, of each State College/University, said observer being selected by a procedure established and administered by the Local UNION.
B. The UNION shall have the right to comment on issues of concern to bargaining unit employees in general prior to the adjournment of any meeting of a Board of Trustees.
X. UNION RIGHTS
A. Replace Section G. 2 with:
1. The UNION shall have the right to purchase reduction of work load at the adjunct rate as follows:
a. Full load- President of the CNJSCL
b. One quarter (1/4) load—Executive Vice President of the CNJSCL, Vice-President of the CNJSCL, Secretary of the CNJSCL, Treasurer of the CNJSCL, Legislative Representative of the CNJSCL, Professional Staff Representative of the CNJSCL, and Librarian Representative of the CNJSCL.
2. Each College/University shall provide each Local UNION with eighteen (18) credits of release time for its use per academic year.
3. Each Local UNION shall have the right to select up to ten (10) members of the bargaining unit for whom it shall have the right to purchase up to sixty (60) hours total of on load time per academic year at the adjunct rate.
B. The College/University shall equip the Local UNION Office with a state-of-the-art computer, printer, scanner, copying machine and fax machine.
C. Retitle Section C. as Distribution of Materials/Information.
D. Add “e-mail” to Section C. after “mail”.
XI. EMPLOYEE RIGHTS
A. Summer compensation per teaching credit shall be 1/24 of the employee's annual salary during the fiscal year of which the summer session is a part. Compensation for intersessions during the month of June shall be 1/24 of the employee's annual salary during the subsequent academic year.
B. Each employee shall be provided with a convenient parking space without charge. Each College/University and the Local Union shall mutually determine “convenient.”
C. Each College/University shall provide each employee with an annual written update at the beginning of each semester which shall contain the following information, as appropriate:
1. Date of hire
2. Anniversary date
3. Date of last promotion—all types
and/or reclassification
4. Date when employee was tenured/received first Multi-Year contract/when current Multi-Year contract expires
5. Range and step
6. Date eligible for sabbatical
7. Status of all alternate assigned time
E. Each employee shall have a private office with a telephone and computer.
F. Each employee shall have e-mail access at the employee’s workstation or office.
XII. FACULTY RESPONSIBILITIES
A. The basic academic year teaching load for full-time faculty shall be eighteen (18) teaching credit hours within a twenty-four (24) credit load except at those colleges/universities where the course load is made up of 4 credit courses. At those institutions the teaching load for full-time faculty shall be thirty-six (36) credits over two (2) years (sixteen (16) credits followed by twenty (20) credits).
B. Overload compensation per teaching credit shall be at the rate of 1/24 of the employee's annual salary.
C. Overload teaching assignments shall be capped at 8 credits or 2 courses per semester, whichever is greater. This clause shall not apply to A. Harry Moore employees.
D. For every three teaching credit hours earned through graduate instruction, the employee will be credited with at least four teaching credit hours. Any award of teaching credit hours for graduate instruction in excess of this 4:3 ratio shall be subject to local negotiations.
E. Teaching credit hours earned through instruction in any doctoral program shall be subject to local negotiations.
F. Laboratories, studios, clinical supervision, and similar activities shall be compensated at the rate of one teaching credit hour for each class hour. Independent study shall be compensated at a rate of at least 1.25 TCH per student per semester.
G. The proportion of classes taught by full-time faculty in any department or program shall not be reduced except by agreement between the College and the Local Union.
H. Procedures for the assignment of non-teaching duties within load shall be negotiated between the college/university and the Local UNION.
College.
I. Employees shall be treated fairly and equitably in the assignment of non-teaching duties within load. Allegations of unfairness and inequitable treatment shall be grievable pursuant to Article VII of the Agreement.
XIII. APPOINTMENT AND RETENTION OF EMPLOYEES
A. Reappointment procedures and notice requirements for full-time employees with less than three years service shall apply to part-time employees.
B. Part-time employees who complete the equivalent of five academic years of teaching within a period of six consecutive academic years shall be reappointed automatically thereafter, subject to changing institutional needs or removal for just cause.
C. Evaluation of probationary faculty and professional staff who have been appointed for two or three years upon initial hire shall end at the level of the dean during years in which the contract is not up for renewal.
D. Include professional staff in paragraph 3 of Section J. Change wording from “faculty” to “employees”
XIV. PROMOTIONAL PROCEDURE
A. Add “FACULTY” to the title of the Article.
B. Part-time employees shall be eligible for promotion.
C. At the written request of the faculty member, the President of a college/university shall provide him/her with written reasons as to why he/she was not recommended for promotion.
XV. RESIGNATION, REASSIGNMENTS, RETIREMENT
A. A Transition to Retirement Program shall be implemented as follows:
1. All employees who are tenured or who are employed on multi-year contracts are eligible to participate in the Program. Those who are interested in participating shall notify the President and the Local UNION in writing.
2. Prior to the beginning of the first academic/fiscal year of transition, the employee and the President or designee thereof shall formulate and agree on the specific components of a transition plan, which shall include special work activities or alternate assignments within load during the first academic/fiscal year of the transition period.
3. The employee seeking to participate in the program shall have the right to consult with the Local Union prior to formulation of his/her transition plan.
4. As part of the process of formulating the transition plan, the College’s Office of Human Resources shall inform the employee of the implications of part-time employment after formal retirement on pension and health benefits. In the event agreement is not reached, either party may invoke the services of the Program Facilitator, who shall be designated annually by the Local UNION and the College to mediate disagreements. Once a transition plan has been agreed to, it shall be reduced to writing in the form of an offer from the president and be presented simultaneously to the Local UNION and the employee for their approval. The employee shall then respond with a letter stating that he/she intends to retire effective June 30 of the first year of transition. No action will be taken by the Board of Trustees on the basis of this letter.
5. During the first year of transition, the participating employee’s responsibilities will include special work activities (up to ½ load) and agreed-upon normal work assignments (at least ½ load). The employee shall retain full-time status during this year.
6. The employee will submit a formal request for retirement effective June 30 of the first year of transition to be acted on by the February Board of Trustees meeting. Said request shall be subject to and consistent with the terms of this Agreement. It shall specifically cite this Agreement and shall fully set forth the understandings reached with the administration concerning post-retirement employment. The employee’s renunciation of claims to tenure or continuing employment shall be contingent upon the College’s fulfillment of said understandings. The employee may rescind his /her notice of intent to retire at any time prior to action by the Board. Should the employee or the employee’s spouse become seriously ill or should some other substantial change occur in the employee’s financial/family circumstances after Board action and before the employee endorses his/her first retirement check, the agreement to retire shall, at the request of the employee, be rescinded.
7. The employee shall officially retire from full-time employment effective June 30 of the first year of transition.
8. At the option of the employee, he/she shall be employed for the second and third years of transition as a half-time employee at one half (1/2) of full-time pay. The employee shall be placed on the range and step that he/she would have occupied if he/she had continued in full-time employment.
9. During the fourth and fifth years of transition the employee shall, at the option of the employee, be employed as an adjunct or, for professional staff and librarians, on a comparable hourly basis, for up to half a full-time workload.
10. In the event that an early retirement program is announced by the State of New Jersey before the date of effective date of the employee’s retirement, the employee will have the option to enroll in said program.
XVI. PROFESSIONAL STAFF
A. The State shall notify the Union within ten (10) working days of any unit designation or elimination of a title from the negotiations unit.
B. Employees serving in retained titles shall be reclassified to the next highest title in their series.
C. The title Program Assistant shall be abolished. Employees serving in this title shall be reclassified to the title Professional Services Specialist IV.
D. The following in-unit titles shall be created at the indicated salary ranges, together with their ten-month counterparts. (In each case, the existing titles in the series shall be renumbered):
Professional Services Specialist I U30
Assistant Director I U30
Administrative Assistant I U30
E. Upon request, the State will provide the UNION with a job description for each new or changed title.
F. Performance –Based Promotions
1. The College President or his/her designee shall inform the Local Union of the number of promotions available on or before November 1st of each academic year, except at Edison State College where the date shall be July 1. This provision shall not apply where there are local agreements that provide otherwise.
2. All promotions are subject to the affirmative recommendation of the President and the approval of the Board Trustees.
3. At the written request of the employee, the College/University shall, with fifteen (15) days of the employee’s request, provide him/her with written reasons as why he/she did not receive a Performance Based Promotion.
4. In the event that a college/university President makes a recommendation to the Board of Trustees regarding a Performance Based Promotion which is inconsistent with of that of the Peer Committee, he or she shall provide the committee with his or her reasons for that action. This provision shall apply only at those Colleges/Universities where a Peer Committee is part of the Performance Based Promotion process.
5. Those members of the professional staff who hold the titles Professional Services Specialist I, Administrative Assistant I, and Assistant Director I who meet or exceed the criteria for a Performance-Based Promotion shall receive a salary increase of two ranges.
6. The applicable promotion procedures shall be fairly and equitably applied to all candidates.
G. Career Opportunities/Structural Promotions
1. The applicable career opportunity procedures shall be fairly and equitably applied to all internal candidates.
[Article VII of the Agreement shall apply to this Article under the same terms and limitations as such Article applies to faculty promotions.]
H. Paid leaves pursuant to Section L. shall be funded at full salary.
I. Although unit members may coordinate the work of other unit members, no unit member shall be authorized to recommend discipline or write a disciplinary letter to the personnel file of another unit member.
J. Professional staff employees shall have the option of changing from 10-month to 12-month employment and vice-versa.
K. Professional staff employees shall be released from their duties to attend scheduled union meetings and negotiation sessions.
L. Professional staff employees shall be treated fairly and equitably in the allocation of alternate assignments for research and development.
XVII. LIBRARIANS
A. All members of the professional library staff shall enjoy full faculty status and faculty rank with all the rights, privileges and responsibilities pertaining thereto.
B. For administrative purposes, the library faculty shall constitute a department and shall elect a chairperson pursuant to Article XVIII.
C. The titles Assistant Director of the Library, Librarian I, Librarian II, and Librarian III shall have the following faculty rank equivalencies:
Assistant Director of the Library - Professor in the Library
Librarian I - Associate Professor in the Library
Librarian II - Assistant Professor in the Library
Librarian III - Instructor in the Library
D. The salary ranges assigned to these ranks beginning with the first year of the Agreement shall be as follows:
Rank 10-Month 12-Month
Professor in the Library 30 33
Associate Professor in the Library 26 29
Assistant Professor in the Library 22 25
Instructor in the Library 19 22
Advancement through the ranks shall be by promotion rather than reclassification.
E. Announcement by the President of the availability of promotions shall specify the number of promotions to each rank in the library and shall be made at the same time that the number of faculty promotions is announced.
F. There shall be a Range Adjustment Program established for library faculty as follows:
1. Effective July 1, 2003, the salary ranges for 12-month librarian titles listed below shall be as follows:
Instructor in the Library Ranges 22, 24, and 25
Assistant Professor in the Library Ranges 25, 27, and 28
Associate Professor in the Library Ranges 29, 31, and 32
Professor in the Library Ranges 33, 35 and X
2. Effective July 1, 2003, the salary ranges for the 10-month librarian titled listed below shall be as follows:
Instructor in the Library Ranges 19, 20, and 21
Assistant Professor in the Library Ranges 22, 24, and 25
Associate Professor in the Library Ranges 26, 28, and 29
Professor in the Library Ranges 30, 32, 33 and X
3. The College/University may, at its discretion, hire faculty in the library at any step of any salary range associated with any academic rank.
4. The College/University may, at its discretion, increase the salary of any member of the library faculty 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.
5. A Range Adjustment Program will be established at each College/University where full-time library faculty are employed. Full-time library faculty members who meet or exceed the criteria established for range adjustment 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 library of the College/University shall be fairly and equitably applied to all applicants and nominees.
6. Article VII of the Agreement shall apply to range adjustments under the same terms and limitations as such Article applies to promotions made pursuant to Article XVII, Section B.
G. Librarians shall be released from their duties to attend regularly scheduled Union meetings and shall not be required to make up time missed.
H. Librarians shall be treated fairly and equitably in the allocation of alternate assignments for research and professional development.
I. Transfer between 12-month and 10-month titles shall be at the option of the employee.
(NEW ARTICLE) RECLASSIFICATION AND TITLE REEVALUATION
A. RECLASSIFICATION
This article applies to employees other than those serving in the titles of Instructor, Assistant Professor, Associate Professor, Full Professor or Distinguished Professor.
Delete Section G. “Reclassification” from Article XVI and incorporate herein.
1. [A substantial] AN increase in job responsibilities in an existing position held by an employee [may] SHALL make the position eligible for a position reclassification review.
B. REEVALUATION
The Union may request the reevaluation of a job classification on the basis of job content only. The State will review such a request and will reevaluate the job classification according to procedures negotiated between the UNION and the State and determine whether the classification of the title should be changed.
(NEW ARTICLE) WORK WEEK AND COMPENSATORY TIME
A. Normal work week
1. The normal work week for employees, other than those serving in the titles of Demonstration Teacher, Demonstration Specialist-A. Harry More School, Instructor, Assistant Professor, Associate Professor, Professor or Distinguished Professor, is 35 hours, distributed over no more than five days a week. The normal work week for part-time professional staff is 35 hours pro-rated according to the percentage of full-time salary the employee is being paid.
2. By mutual agreement between the employee and his/her supervisor, the employee may work a flexible work pattern, but scheduled hours of work shall not involve split shifts.
B. Work beyond the normal work week
1. Notice
a. When the work requirement will extend significantly beyond the usual hours of the normal work week, the supervisor shall inform the employee of the need for the extra hours beyond the normal work week 20 days prior to the need for the work.
b. The supervisor shall give thirty (30) days notice to an employee for work on the employee’s normal days off.
c. Otherwise, the supervisor shall inform the employee as soon as possible prior to the need for work beyond the normal work week.
d. When the supervisor requests that the employee extend the work day to extra hours for that day, the employee shall be assured of a minimum of one day compensation time for that work.
C. Compensatory Time Off
1. If an employee is assigned work that will extend beyond the normal work week, the employee shall be granted compensatory time off. Compensatory time shall be calculated at one and one half (1 ½) hours for every hour worked beyond the normal work week, except that employees who are required to work on their normal days off shall receive two (2) days compensatory time for each such day worked.
D. Arranging Compensatory Time Off
1. Compensatory time shall be taken within sixty (60) days of accrual unless otherwise agreed to by the affected employee and his/her supervisor.
2. Once a month, the supervisor shall meet with the employee and by mutual agreement shall schedule the employee’s compensatory time off.
3. If the employee and his or her supervisor cannot agree informally on a plan for compensatory time off, the employee may present the supervisor with a written plan for compensatory time off.
4. In the event that an employee creates a plan for compensatory time off, the supervisor shall, within three (3) days of the receipt of such a plan, accept the plan or provide a written explanation for his or her rejection of the employee’s plan.
5. The employee may appeal a rejection of his or her plan to the next highest level supervisor. In the event that the next level supervisor denies the plan the employee may appeal that denial to the President of the college/university who shall, within three (3) days of the receipt of the appeal, accept the plan or provide a written explanation for his or her rejection of the employee’s plan. In the event that the President denies the employee’s plan, he or she shall notify the employee in writing within three (3) days of the receipt of the plan as to his or her acceptance or rejection of the plan. In the event the President rejects the employee’s plan, the employee may file a grievance pursuant to Article VII of the Agreement.
E. Recording Compensatory time off
1. Both the work unit and the payroll department shall maintain records of compensatory time accrued and used.
2. An employee shall not lose compensatory time when he/she is transferred from one work unit to another. Upon leaving the college/university, the employee shall be compensated at full salary for any accumulated compensatory time.
3. Records of compensatory time existing prior to the implementation of this section shall be honored.
XVIII. DEPARTMENT CHAIRPERSONS AND ASSISTANT CHAIRPERSONS
A. Definitions:
Unless otherwise indicated, whenever used in this Article:
1. The term “department chairpersons” shall refer to department chairpersons and department/program coordinators.
2. The term “assistant chairpersons” shall refer to associate chairpersons, deputy chairpersons, assistant program coordinators as well as assistant chairpersons.
B. All departments shall receive an allocation of alternate assignments in which compensation is based on the following formula:
1. The number of full-time faculty plus
2. ¼ of the adjunct faculty multiplied by
3. the number of majors plus graduate students plus the number of student credit hours generated in the department
4. Departments shall be ranked in terms of their weighted work load with the highest group getting 21 credits of alternate assigned time each academic year, the next group receiving 18 credits, the following group 15 credits. No department shall receive less than 12 credits of released time per academic year.
5. Each department chair shall teach one course of three credits or greater. No more than nine credits per semester may be taken as alternate assigned time. The balance will be awarded as compensation at the overload rate.
6. Department chairpersons and others covered by this Article responsible for equipment or major physical facilities shall receive an additional 1 TCH each semester.
D. All department chairpersons shall receive a minimum of eight (8) TCH for work during summer sessions.
E. Additional summer compensation for department chairpersons shall be determined by local negotiations.
F. Service as a department chair during summer sessions shall be voluntary.
(NEW ARTICLE) BENEFITS FOR DOMESTIC PARTNERS (NON-HEALTH RELATED)
A. The Colleges/Universities shall extend to domestic partners as defined in Article XIX all wellness and other local college/university benefits, activities and facilities which they make available at no-cost to spouses of College employees. These include, but are not limited to, the use of athletic facilities, including the gym, pool and exercise equipment, and other wellness programs including, but not limited to smoking cessation and eating disorder clinics).
XX.COMPENSATION FOR OUTSIDE FUNDED ACTIVITIES
A. Use of external grant funds for purposes such as travel, payment of salaries to unit members, payment of publication costs, and payment of dues to professional organizations, if permissible under the terms of the grant and consistent with the regulations of the granting agency, shall not be restricted by State or College regulations.
B. Non-academic as well as academic programs and services shall be covered by this article.
(NEW ARTICLE) TUITION AND FEE WAIVER FOR CHILDREN, SPOUSES AND DOMESTIC PARTNERS OF EMPLOYEES
A. The children, spouses and domestic partners of all unit employees shall not be required to pay any tuition or fees at any state college/ university provided:
1. The student fulfills the academic and administrative requirements for admission.
2. Eligibility
a. Students must be must be related to employees as children, spouses or domestic partners.
b. Students must apply for all available Federal and State grants and/or scholarships by submitting the FAFSA form each year. For students who receive financial aid, the grant and scholarships (gift aid) will be applied to tuition first. Private grants received and earmarked for “tuition only” also will be applied to tuition first. The University shall waive all tuition not covered by scholarships or grants.
c. Students must be matriculated, studying for their first baccalaureate degree or first graduate degree and must remain in good academic standing according to college/university regulations.
d. If an employee dies while employed in an eligible position, the child, spouse or domestic partner shall be eligible for the program until completion of the first baccalaureate degree or first graduate degree. All policies and restrictions otherwise applicable to this tuition and fee waiver will apply.
3. Benefit
a. Students may receive full tuition and fee waiver in a program leading to the first baccalaureate degree and/or first graduate degree/certification up to the number of credits required by the degree program for graduation.
New Section) Deferred Compensation Plan (Information)
A. The State will continue the program which will permit eligible employees in this negotiating unit to voluntarily authorize deferment of a portion of their earned base salary so that the funds deferred can be placed in an Internal Revenue Service-approved Federal Tax exempt investment plan. The deferred income so invested and the interest or other income return on the investment are intended to be exempt from current Federal Income Taxation until the individual employee withdraws or otherwise receives such funds as provided in the plan.
It is understood that the State shall be solely responsible for the administration of the plan and the determination of policies, conditions and regulations governing its implementation and use.
The State shall provide information describing the plan as well as a required enrollment or other forms to all employees.
(New section) S.C.O.R (Supplemental Compensation on Retirement)
A. An eligible employee who enters retirement pursuant to the provisions of a State administered or approved retirement system and has to his/her any credit earned and unused accumulated sick leave shall be entitled to receive supplemental compensation for such earned and unused accumulated sick leave.
2. The supplemental compensation to be paid shall be computed at the rate of one-half (1/2) of the eligible employee’s daily rate of pay for each day of earned and unused accumulated sick leave based upon the average annual compensation received during the last year of his/her employment prior to the effective date of his/her retirement, provided, however, that no such supplemental compensation payment shall exceed $15,000. This supplemental compensation shall be paid in a lump sum after the effective date of retirement or as may be elected by the employee deferred for one (1) year.
XXIII. REIMBURSEMENT FOR TRAVEL
A. Lodging shall be reimbursable at actual cost.
B. Meals in connection with [overnight] travel shall be reimbursable as follows (no receipts required):
Breakfast $10.00
Lunch $15.00
Dinner $30.00
C. Travel directly from home to an off-campus work site shall be fully reimbursed.
D. Official convention meals and other official meals shall be reimbursed at full cost.
E. Day trip meals and meals in connection with candidate interviews and other meetings shall be reimbursable at full cost.
F. Move Section G to ARTICLE XI “Employee Rights” and re-word as follows: Employees who work more than seven hours per day, or the flex-time equivalent thereof, shall be entitled to reimbursement for the actual cost of one meal up to a limit of $25.
XXIV. VACATION -- SICK LEAVE
A. Faculty who are absent during any break, e.g., winter break, spring break, or after the end of classes in the spring semester shall not be charged sick leave.
XXV. HOLIDAYS
(New Section) Energy Savings Program
A. Employees shall earn one and one-half days for each holiday worked. Such days may be applied to the Winter Break and designated energy savings day during the summer when the College/University is closed (Energy Savings). Employees who have not worked sufficient holiday time to accrue time off for the energy savings days may apply other earned leave time, including compensatory time or leave with pay, in order to have a day off from work.
B. The dates of the Winter Break and designated summer energy savings days shall be announced in a memorandum to affected employees no later than the second week of each semester.
C. No employee will be required to utilize accrued vacation time involuntarily. If a college is closed during the period between Christmas and New Year’s Day or at any other time which is not currently a holiday, employees will be provided with the opportunity to work in an alternate location.
D. Each employee covered under this article shall receive his/her birthday as a holiday.
XXVI. LEAVES OF ABSENCE
A. Denial of Sick Leave Injury benefits shall be grievable to binding arbitration.
B. (New Section) Leave of Absence under the Family and Medical Leave Acts (State and Federal)
C. Family leave granted pursuant to NJFLA and/or FMLA shall be separate from and in addition to any disability leave for which the employee may be eligible.
D. Family leave without pay shall be granted upon request for up to 12 weeks in any 24–month period. Said leave may be taken on a non-consecutive basis.
E. Employees who are performing their regular duties or who are voluntarily performing additional duties, whether during the regular period of payment or during the summer, shall be eligible for Sick Leave Injury, if injured.
F. Employees on maternity leave shall be returned to the payroll whenever they are willing and able to return to work.
G. No employee shall be forced to continue on sick leave if he/she is medically able to return to work.
H. In the case of death of a parent, brother, sister, husband, wife, domestic partner, mother or father in law, child, grandchild or other person who is a member of the immediate household of an employee, the employee shall be excused with pay for up to five (5) days.
I. Child Care Leave
Re-title as above and replace first sentence with:
Child care leave with pay for up to three (3) months shall be granted upon request to either parent, including a domestic partner who is a parent, of a newborn or newly adopted child, in addition to sick leave utilized for purposes of maternity. In addition, child care leaves without pay shall be granted upon request for up to one year regardless of the age of the child.
J. Employees shall be granted leave with pay for religious holidays other than those specified in Article XXV.
(NEW ARTICLE) ADMINISTRATIVE LEAVE
A. Employees other than those serving in the titles of Instructor, Assistant Professor, Associate Professor, Professor or Distinguished Professor shall be entitled to three (3) days of administrative leave of absence with pay in each calendar year.
B. Administrative leave may be used for a) emergencies, b) observation of religious or other days of celebration but not holidays as defined herein, c) personal business or d) other personal affairs.
C. Newly hired employees shall be granted one-half (1/2) day of administrative leave after each full calendar month of employment to a maximum of three (3) days during the remainder of the calendar year in which the employee is employed.
D. Administrative leave shall be granted by the President of the College/University or his/her designee upon request of the employee and, except in emergencies, leave shall be scheduled in advance provided the request may be granted without interference with office workload.
E. Priority in granting such requests shall be a) emergencies, b) observation of religious or other days of celebration but not holidays, c) personal business, d) other personal affairs. Administrative leave may be scheduled in units of one-half (1/2) day or multiples thereof and may be taken in conjunction with other types of paid leave.
F. Such leave shall accrue.
XXVII. SABBATICAL LEAVES
A. All sabbatical leaves shall be at full pay.
B. There shall be no limits on earnings from outside sources during sabbatical leaves.
C. Each college/university shall grant sabbatical leaves to one-seventh (1/7th) of its full-time faculty and librarians each academic year.
XXVIII. TUITION REIMBURSEMENT
A. Re-title Article to Read “TUITION AND FEE REIMBUSEMENT”
B. Tuition and fees shall be reimbursed in full.
C. Undergraduate, graduate and postdoctoral study in any field--degree or non-degree--shall be eligible for reimbursement.
XXIX. PERSONNEL FILES
A. ADD to SECTION J: In the event there is no agreement to remove a document from an employee’s personnel file, it shall be removed 18 months after it was placed therein, provided that there was no need to refer to it during that period.
B. Copies of items in personnel files shall be provided without charge to the employee.
C. All personnel files shall be kept at a single location.
(NEW ARTICLE) LIABILITY CLAIMS INDEMNIFICATION
(This program shall be referenced and described in the Agreement)
A. Employees covered by this Agreement shall be entitled to defense and indemnification as provided in N.J.S. A. 59:10A-1 et. seq.
B. For informational purposes only, the following paragraphs generally describe the provisions presently contained in the aforesaid statutes.
1. Defense of Employees
a. Except as provided in paragraph 2. below, the Attorney General shall, upon request of an employee, provide for the defense of any action brought against the employee on account of an act or omission in the scope of his/her employment. The Attorney General’s duty to defend shall extend to a cross-action, counterclaim or cross-complaint against an employee.
b. The Attorney General may refuse to provide for the defense of an action referred to in paragraph 1. above if he/she determines that:
1. the act or omission was not within the scope of employment; or
2. the act or failure to act was because of actual fraud, willful misconduct or actual malice; or
3. the defense of the action or proceeding by the Attorney General would create a conflict of interest between the State and the employee.
c. In any other action or proceeding, including criminal proceedings, the Attorney General may provide for the defense of an employee if he/she concludes that representation is in the best interest of the State.
d. Whenever the Attorney General provides for the defense of an employee, the Attorney General may assume exclusive control over the representation of such employee and such employee shall cooperate fully with the Attorney General’s defense.
e. The Attorney General may provide for a defense by an attorney from his/her own staff or by employing other counsel for this purpose or by asserting the State’s right under any appropriate insurance policy which requires the insurer to provide the defense.
2. Indemnification
a. If the Attorney General provides for the defense of an employee, the State shall provide indemnification for the employee. Nothing in this section authorizes the State to pay for punitive or exemplary damages or damages resulting from the commission of a crime.
b. If the Attorney General refuses to provide for the defense of a State employee, the employee shall be entitled to indemnification if he/she establishes that the act or omission upon which the claim or judgment was based occurred within the scope of his/her employment as an employee of the State and the State fails to establish that he/she acted or failed to act because of actual fraud, actual malice or willful misconduct. If the employee establishes that he/she was entitled to a defense, the State shall pay or reimburse him/her for any bona fide settlement agreements entered into by the employee, and shall pay or reimburse him/her for any judgments entered against the employee, and shall pay or reimburse him/her for all costs of defending the action, including reasonable counsel fees and expenses, together with costs of appeal, if any.
Nothing in this section authorizes the State to pay for punitive or exemplary damages or damages resulting from the commission of a crime.
c. An employee shall not be entitled to indemnification unless within ten (10) calendar days of the time he/she is served with any summons, complaint, process, notice, demand or pleading, he/she delivers the original or a copy thereof to the Attorney General or his/her designee. Upon such delivery the Attorney General may assume exclusive control of the employee’s representation and such employee shall cooperate fully with the Attorney General’s defense.
C. The provisions of this Article shall not be subject to the grievance procedure as set forth in Article VII of this Agreement.
XXX. SAFE CONDITIONS
A. The State shall comply with all applicable Federal, State and local laws regarding health and safety.
B. The Colleges/Universities, shall, upon request, provide to the local Union the results of all health, safety and structural inspections of College/University facilities conducted by Federal, State, and local agencies and consultants. The College/University shall notify the Local Union of all such inspections as they occur.
C. No employee shall be required to work in a building in which, at any time during the work day, the temperature is less than 65° or more than 82°, or where conditions which violate ASHRAE standards prevail. If an employee cannot be placed immediately in another location where the temperature is consistent with the above, he/she shall be dismissed without penalty for the remainder of the day or until the problem is remedied, which is longer.
D. References to safety are intended to include a concept of reasonable personal security and protections which shall be maintained to assure employees against physical harm.
E. At each College/University, the procedures for reporting safety violations and correcting them shall be negotiated between the College/University and the Local UNION.
F. Assault and Property Damage
1. In the event that an employee is a victim of an assault or other such offense, and is absent for that reason, the employee shall not be charged sick leave. Should an employee who is a victim of an assault be faced with private prosecution of a charge of assault or such other offense, the College/University shall reimburse the employee for the costs of such proceeding, including reasonable counsel fees and expenses.
2. In the event that an employee suffers any property damage or loss related to or arising out of the employee’s employment, the College/University shall defray the costs of any loss suffered by the employee. Disputes arising out of this provision shall be subject to the grievance procedure as set forth in Article VII of the Agreement.
G. Each College/University and Local UNION shall designate a safety officer or officers who shall jointly investigate any report of unsafe conditions.
H. Employees who are in transit between college/university/state provided parking and the college/university site shall be deemed covered under Workers’ Compensation and SLI (Article XXVI, Section A. Sick Leave Injury)
(NEW ARTICLE) ERGONOMICALLY APPROPRIATE EQUIPMENT AND PRACTICES
A. The Colleges/Universities are committed to the use, purchase, and maintenance of microelectronic technology and specifically, video display terminals (VDTs) and work station equipment in a manner that is safe, which complies with applicable laws, Public Employee Occupational Safety and Health (PEOSH) regulations and guidelines and which conforms to current “state of the art” ergonomic standards.
B. Copies of all requisitions and purchase orders for VDTs and associated equipment shall be provided to the local Union on request.
C. The purchase or lease of VDTs and associated equipment and its installation, use and maintenance shall conform to ergonomic guidelines as set forth in the latest edition of “Video Display Terminal Guidelines” of the Public Employees Occupational Safety and Health (PEOSH) Program of the New Jersey Department of Health and Senior Services.
D. Work breaks
Every employee actively working at a VDT terminal shall be required to take a fifteen (15) minute break every hour away from the terminal to accomplish other work. Such breaks shall be in addition to regularly scheduled rest breaks, if any. Employees shall not be required to operate VDT terminal fifteen minutes before the end of the work day.
E. Eye examinations
1. New employees required to work four (4) or more hours per day on a VDT terminal and associated equipment shall have their eyes examined within 2 weeks of being assigned such work at the College’s/University’s expense. Employees presently assigned as specified above who have not had their eyes examined within the last year shall have an examination within two (2) months of the signing of the Agreement.
2. All employees shall have their eyes examined annually thereafter at the College’s/University’s expense. In addition to routine optical testing, the examination shall include tests for visual field acuity, color vision, cataracts and accommodation. Employees shall inform the eye care professional that they work on VDTs 15 hours per week and that the above conditions must be tested for.
3. Those employees who are required to have special corrective lenses for work on VDT terminals shall be covered for those lenses. If an employee is required to have an eye examination more frequently than once a year, the cost of the additional examination(s) shall also be covered by the College/University.
F. Pregnancy and Disability
1. At their request, pregnant employees shall be reassigned from duties involving VDTs, shall be moved from the vicinity of VDTs, or shall remain in their positions and shall be relieved of their VDT duties, for the term of the pregnancy. At the conclusion of the pregnancy, the employee shall have the right to return to the position from which she was last reassigned. If the employee does not return immediately after pregnancy, return rights shall be in accordance with return rights for the specific type of leave she has taken.
2. Disabled employees shall be reassigned from VDT duties or shall be moved from the vicinity of VDTs or shall remain in their position and be relieved of VDT duties, upon the recommendation of a physician for the period of time recommended. Upon being released by his/her physician to resume duties involving VDTs or to return to work space in the vicinity of VDTs, an employee shall be assigned to his/her former position.
G. Training
All employees shall be provided training by the College/University in new office technology that they are required to use.
H. Correction of conditions
1. An employee may request that the College/University complete a work station assessment.
2. The assessment shall result in a written response, and where appropriate, recommendations. The response shall be provided to the employee who requested the assessment. The College/University shall not deny implementation of any recommendation.
3. The supervisor of the employee who requested the assessment shall respond in writing regarding the implementation of recommendations. The response shall be distributed to the person who conducted the assessment and the employee who requested the assessment. The College/University shall not unreasonably deny implementation of any recommendation.
4. Verified problems shall be corrected at the earliest possible time, not exceed 90 days.
XXXV. SAVINGS CLAUSE
Delete this article
XXXVII. RETRENCHMENT, RETRAINING AND REINSTATEMENT FOR FULL-TIME EMPLOYEES
A. In the event a Board of Trustees of a College/University declares a fiscal exigency, the President of a College/University shall consult with the Union in developing the plan and recommendations to be presented to the Board of Trustees.
B. DELETE A. 4
C. In the event that that a Board of Trustees recommends that employees be retrenched, the board shall notify the Union at least fourteen (14) working days prior to the formal board action on said layoffs.
D. In the event that a member of the professional staff or a librarian is notified of retrenchment and feels that with additional academic training, he or she may qualify for another position at the College/University, he/she will be given priority consideration for an available leave under Article XVI and/or Tuition Reimbursement under Article XXVIII. In addition, as an exception on the limitations of Article XXVIII, the President may approve tuition reimbursement out of available funds up to a maximum of sixteen (16) credits for the involved academic year.
E. Delete A. 8
F. Each college/university shall constitute the layoff unit.
G. Layoffs within the college/university shall be made in order of years of service, laying off bargaining unit members with the fewest years of service first.
H. Multi-year contract employees shall remain on the reemployment list for five years, irrespective of the time remaining on their current contract.
(NEW ARTICLE) PRIVATIZATION
A. “Privatization” shall refer to the sale, lease or operational agreement of all or a portion of a unit to an individual, agency, group or company outside of the College/University on a long-term continuous basis.
B. Absent the declaration of a fiscal exigency as set forth in Article XXXVII, no member of the full-time part-time unit shall lose his her current position due to privatization through June 30, _____ (the end of the agreement).
XXXIX. DURATION AND TERMINATION
A. _____-year Agreement
(NEW ARTICLE) INTELLECTUAL PROPERTY
(Delete Appendix VI)
In keeping with academic tradition and to encourage professional growth the State will not claim any ownership of, interest in, creative control of, or share of the proceeds derived therefrom in any Intellectual Property which is used or created for instructional purposes or as a result of scholarly activities or other activities falling within the purview of the criteria for reappointment or retention, made or originated by a unit member except as set forth in Section D. below.
A. Definitions: The following definitions shall apply:
1. “Intellectual property” includes works and inventions.
2. A “work” is any material which is eligible for copyright protection, whether or not registered, including, but not limited to, books, articles, dramatic or musical compositions, poetry, instructional materials (e.g. syllabi, course outlines, laboratory manuals, testing materials, study guides, and instructional and/or teaching aids; filmstrips, charts, transparencies, slide and other audio-visual aids) fictional or non-fictional narratives, analyses (e.g., scientific, logical, opinion or criticism), works of art or design, photographs or films, video or audio recordings, computer software, architectural and engineering drawings, and choreography. A work may be recorded in any enduring medium (e.g. print, electromagnetic, optical, photosensitive film, etc.) or may exist in any tangible form (e.g., sculpture, painting, structure or building). A work also includes unpublished manuscripts, work papers, and other draft compositions.
3. An “invention” is any idea or discovery that is eligible for patent protection, whether or not patented, including, but not limited to, a device, process, design, model, strain or variety of any organism, or composition of matter.
4. “Instructional materials” are those materials an employee creates to perform his assignment more effectively for the benefits of students, including, but not limited to, textbooks, monographs, syllabi, lectures, student exercises, illustrations, recordings, multimedia programs and tests in any medium. Instructional materials may be used by the faculty member in a traditional classroom or in any form of distance education. Instructional materials may be created using the personal resources of the employee and/or resources proved by the State.
B. The State will not claim any ownership of, interest in, creative control of, or share of the proceeds derived therefrom in any Intellectual Property which is used or created for instructional purposes or as a result of scholarly activities or other activities falling within the purview of the criteria for reappointment or retention, made or originated by an employee except as set forth in Section E.
C. Ownership of intellectual property and any income derived therefrom shall belong exclusively to the employee.
D. The provisions of this article are subject to any applicable laws, regulations, or provisions of any grants or contracts which affect Intellectual Property Rights.
E. The State shall retain ownership of all rights to materials created at the direction of the State for public relations purposes which have no relevance to instruction or research.
F. Where the State or a college/university undertakes a special project intended to produce specific intellectual property and the potential for commercial exploitation of such property is recognized in advance and the unit member is hired or assigned more than half-time to work on said project
1. All rights and profits from intellectual property created in connection with special projects shall devolve on the employee(s) creating such property.
2. The provisions of 1. above shall apply to grants from and contracts with external entities such as governmental and commercial entities.
G. Any dispute regarding the interpretation and application of this Article shall be subject to the provisions of Article VII of the Agreement except that arbitrators suggested by the parties shall be required to have had experience with and be knowledgeable about issues involving the resolution of Intellectual Property disputes.
H. This Section of the Agreement shall not apply to Thomas Edison State College.
(NEW ARTICLE) ONLINE COURSES
A. Definition
Online courses are those courses in which students primarily access materials, communicate with the instructor, and/or communicate with each other by e-mail, internet, or local computer network.
B. Creation of online courses or conversion of existing courses to online courses shall follow the same approval process as that for traditional classroom courses, except where a College/University has a policy that provides otherwise.
C. Compensation for development or conversion of courses
1. Employees shall receive the same number of credits for development of a course as they would receive for teaching the course.
2. Employees accepting assignments to teach online who have not previously taught online shall receive a 3 TCH alternate assignment within load during the previous summer or semester to receive training and develop the necessary skills.
3. Compensation for development shall be paid during the semester the course is developed.
4. Employees may elect to receive compensation in release time during fall and spring semesters. Release time shall be granted on a course-for-course basis.
D. Compensation for teaching an online course
1. Employees shall be compensated for online courses at the same rate that they are compensated for teaching the course on campus.
2. Employees teaching an online course for the first time shall receive an additional one credit.
E. Compensation for Revision of Existing Online Courses
1. In the event that an existing online course is to be revised, the employee shall be compensated for the revision at the same rate as he/she would receive for the development of a new course.
F. Usage of Developed Online Course Material
The employee who develops and teaches an on-line course retains the intellectual property rights to the course and all materials (lessons, assignments, etc.) developed as part of the course. No employee other than the developer shall use an online course or any part of it his/her teaching without the permission of the developer.
G. Development of Courses Only
1. In the event that an employee develops but does not teach an online course, the college/university shall retain the property rights.
2. The developer shall receive a per student royalty of no less than 2% of the tuition and fees paid by each student who takes the courses as long as it is offered.
H. If the total enrollment exceeds the average class size enrollment at the College/University for non-lecture, on-laboratory classes, the employee shall receive $150 additional pay per student in excess of the average.
I. Assignments to teach distance learning courses and participate in the production of teaching materials for distance learning and other courses are voluntary.
J. This article shall not apply to Thomas Edison State College.
APPENDIX I. MULTI-YEAR CONTRACTS FOR PROFESSIONAL STAFF
A. Where an employee has had more than one immediate supervisor during his/her multi-year contract period, the employee shall be evaluated for reappointment by any previous supervisor or supervisors who shall make a written recommendation(s) regarding reappointment to the current supervisor. The current supervisor shall consider any such recommendation(s). The current supervisor shall give the recommendation(s) of prior supervisor appropriate weight in terms of the length of time each prior supervisor supervised the employee.
APPENDIX III. A. HARRY MOORE SCHOOL
A. Any employee who has no absences from the first day of school in September through the last day of school in June shall receive a $1000 bonus. This bonus shall be paid to the employee no later than July 15th. The only excused absences relative to this policy are: death in the immediate family (spouse, parent, child, brother, sister, child, stepchild, domestic partner, member of the immediate household of the employee), jury duty, and time off for approved professional development.
B. Employees participating in a Student Teacher Program as cooperating teacher shall receive $150 for each student paying the Student Teacher fee.
C. Employees who participate as the assigned teacher in the Junior Practicum Experience shall receive $100 for each student paying the Student Teacher fee.
D. Employees shall be released from their regular duties in order to attend regularly scheduled Union meetings.
E. Employees shall receive two (2) professional days in each semester.
(NEW) SIDE LETTER OF AGREEMENT
Where a college/university and a Local Union have negotiated over any matter which is the subject of any provision of this Agreement, past Agreements, and local agreements not specifically noted in this Agreement, the current local agreement shall prevail unless the Local Union determines otherwise.
(NEW) SIDE LETTER OF AGREEMENT
When negotiations occur at the local level, negotiations shall be concluded within the semester in which they began. The failure to conclude negotiations within this time limit shall be grievable pursuant to Section B.1. of Article VII of Agreement.