Bill Text: NJ A3590 | 2010-2011 | Regular Session | Amended
Bill Title: Permits collective bargaining on matters covered by civil service; requires civil service examinations to be offered on continual basis; creates title reduction task force; requires posting of layoff plans.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Enrolled - Dead) 2011-02-03 - Conditional Veto, Received in the Assembly [A3590 Detail]
Download: New_Jersey-2010-A3590-Amended.html
ASSEMBLY, No. 3590
STATE OF NEW JERSEY
214th LEGISLATURE
INTRODUCED DECEMBER 9, 2010
Sponsored by:
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Permits collective bargaining on matters covered by civil service; requires civil service examinations to be offered on continual basis; creates title reduction task force; requires posting of layoff plans.
CURRENT VERSION OF TEXT
As reported by the Assembly State Government Committee on December 9, 2010, with amendments.
An Act concerning civil service and amending various parts of the statutory law and supplementing Title 11A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.11A:4-1 is amended to read as follows:
11A:4-1. Examinations. The commission shall provide for:
a. The announcement and administration of examinations on a continual basis which shall test fairly the knowledge, skills and abilities required to satisfactorily perform the duties of a title or group of titles. The examinations may include, but are not limited to, written, oral, performance and evaluation of education and experience;
b. The rating of examinations;
c. The security of the examination process and appropriate sanctions for a breach of security;
d. The selection of special examiners to act as subject matter specialists or to provide other assistance. Employees of the State or political subdivisions may be so engaged as part of their official duties during normal working hours with the approval of their appointing authority. Extra compensation may be provided for such service outside normal working hours; and
e. The right to appeal adverse actions relating to the examination and appointment process, which shall include but not be limited to rejection of an application, failure of an examination and removal from an eligible list.
The commission shall provide for the completion and submission of an application for an examination on the website of the commission.
(cf: P.L.2008, c.29, s.28)
2. Section 1 of P.L.1992, c.197 (C.11A:4-1.1) is amended to read as follows:
1. a. Except as provided in subsection b. of this section concerning law enforcement officer and firefighter examinations, the commission shall establish a $25 fee for each application for an open competitive or promotional examination and a $15 fee for each application for an open competitive or promotional examination by a veteran. Persons receiving public assistance benefits pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), P.L.1973, c.256 (C.44:7-85 et seq.), or P.L.1997, c.38 (C.44:10-55 et seq.) shall not be required to pay this fee if they apply for an open competitive examination. Receipts derived from application fees established by this subsection shall be appropriated to the commission. On or after July 1, 2015, and every five years thereafter, the chairperson of the commission shall review the $25 fee established by this subsection and may modify the fee, provided, however, that the fee, along with the $15 fee, shall not exceed the cost of developing, procuring, and administering the examination.
b. The commission shall establish a fee for each application for an open competitive or promotional examination for a law enforcement officer or firefighter title. The fee shall not exceed the cost of developing, procuring and administering the examination. Persons receiving public assistance benefits pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), P.L.1973, c.256 (C.44:7-85 et seq.), or P.L.1997, c.38 (C.44:10-55 et seq.) shall not be required to pay this fee if they apply for an open competitive examination. Receipts derived from application fees established by this subsection shall be appropriated to the commission for use in developing, procuring and administering law enforcement officer and firefighter examinations.
c. In addition to the fees established in subsections a. and b. of this section, the commission shall establish a $15 fee for each application for an open competitive or promotional examination for a position in State service. Persons receiving public assistance benefits pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), P.L.1973, c.256 (C.44:7-85 et seq.), or P.L.1997, c.38 (C.44:10-55 et seq.) shall not be required to pay this fee if they apply for an open competitive examination. Receipts derived from the application fee established pursuant to this subsection shall be appropriated annually to the commission for the costs of the displaced workers pool program. This fee shall not be assessed and collected unless the commission implements a displaced workers pool program. If the displaced workers pool program is terminated at any time by the commission, the assessment and collection of this additional fee shall also be terminated.
d. The commission shall establish a $20 fee for each appeal filed under the provisions of subsection a. or b. of N.J.S.11A:2-6, subsection e. of N.J.S.11A:4-1, N.J.S.11A:8-4, and the rules promulgated thereunder. Persons who are receiving public assistance benefits pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), P.L.1973, c.256 (C.44:7-85 et seq.), or P.L.1997, c.38 (C.44:10-55 et seq.), or persons who are veterans, shall not be required to pay this fee.
e. The commission shall provide for the payment by credit or debit card of any fee for an examination application submitted to the commission on the commission's website.
(cf: P.L.2010, c.26, s.1)
3. N.J.S.11A:4-5 is amended to read as follows:
11A:4-5. Use of eligible list. Once the [examination] process has been initiated due to the appointment of a provisional or an appointing authority's request for a list to fill a vacancy, the affected appointing authority shall be required to make appointments from the list if there is a complete certification, unless otherwise permitted by the commission for valid reason such as fiscal constraints. If the commission permits an appointing authority to leave a position vacant in the face of a complete list, the commission may order the appointing authority to reimburse the commission for the costs of the selection process.
(cf: P.L.2008, c.29, s.34)
4. N.J.S.11A:4-9 is amended to read as follows:
11A:4-9. Types of eligible lists. The commission may establish the following types of eligible lists:
a. Open competitive, which shall include all qualified eligibles without regard to whether they are currently employed by the State or a political subdivision;
b. Promotional, which shall include qualified permanent eligibles;
c. Regular reemployment, which shall include former permanent employees who resigned in good standing and whose reemployment is certified by the appointing authority as in the best interest of the service. The name of any such employee shall not remain on a reemployment list for more than three years from the date of resignation, unless otherwise extended pursuant to N.J.S.11A:4-6;
d. Police or fire reemployment, which shall include former permanent uniformed members of a police or fire department who have resigned in good standing and whose reemployment is certified by the appointing authority as in the best interest of the service; and
e. Special reemployment, which shall include permanent employees laid off or demoted in lieu of layoff from permanent titles but, in the case of a political subdivision of the State, shall not include any such employee who has turned down a reemployment opportunity in a position that is one with the same or substantially similar job duties as, the same title and series as, the same or substantially similar hours of work as, and a location within a twenty-five mile radius of, the position from which the employee was laid off or demoted in lieu of layoff.
(cf: P.L.2008, c.39, s.37)
5. N.J.S.11A:4-13 is amended to read as follows:
11A:4-13. Types of appointment. The commission shall provide for the following types of appointment:
a. Regular appointments shall be to a title in the competitive division of the career service upon examination and certification or to a title in the noncompetitive division of the career service upon appointment. The appointments shall be permanent after satisfactory completion of a working test period;
b. Provisional appointments shall be made only in the competitive division of the career service and only in the absence of a complete certification, if the appointing authority certifies that in each individual case the appointee meets the minimum qualifications for the title at the time of appointment and that failure to make a provisional appointment will seriously impair the work of the appointing authority. In no case shall any provisional appointment exceed a period of 12 months;
c. Temporary appointments may be made, without regard to the provisions of this chapter, to temporary positions established for a period aggregating not more than six months in a 12-month period as approved by the commission. These positions include, but are not limited to, seasonal positions. Seasonal positions may be established for a period aggregating not more than nine months in a 12-month period for the following titles in local government service, provided the position was not previously a 12-month position: Animal Attendant, Archery Instructor, Bathroom Attendant, County Park Ranger, Election Worker, Farm Maintenance Worker, Gardener, Golf Ranger, Golf Starter, Greens Keeper, Groundskeeper, Horseback Riding Instructor, Human Service Youth Employee, Life Guard, Life Guard Supervisor, Mosquito Extermination Inspector, Naturalist Educator, Park Attendant, Park Laborer, Park Maintenance Worker, Park Naturalist, Range Instructor, Recreation Leader, Recreation Program Supervisor, Recreation Supervisor, and Zoo Aide. Positions established as a result of a short-term grant may be established for a maximum of 12 months. Appointees to temporary positions shall meet the minimum qualifications of a title;
d. Emergency appointments shall not exceed 30 days and shall only be permitted where nonappointment will result in harm to persons or property;
e. Senior executive service appointments shall be made pursuant to N.J.S.11A:3-3; and
f. Unclassified appointments shall be made pursuant to N.J.S.11A:3-4 and N.J.S.11A:3-5.
(cf: P.L.2008, c.29, s.39)
6. N.J.S.11A:4-15 is amended to read as follows:
11A:4-15. Working test period. The purpose of the working test period is to permit an appointing authority to determine whether an employee satisfactorily performs the duties of a title. A working test period is part of the examination process which shall be served in the title to which the certification was issued and appointment made. The commission shall provide for:
a. A working test period following regular appointment of four months, which may be extended to six months at the discretion of the commission, except that the working test period for political subdivision employees shall be [three] six months and the working test period for entry level law enforcement, correction officer, and firefighter titles shall be 12 months;
b. Progress reports to be made by the appointing authority and provided to the employee at such times during the working test period as provided by rules of the commission and a final progress report at the end of the entire working test period shall be provided to the employee and the commission;
c. Termination of an employee at the end of the working test period and termination of an employee for cause during the working test period; and
d. The retention of permanent status in the lower title by a promoted employee during the working test period in the higher title and the right to return to such permanent title if the employee does not satisfactorily complete the working test period, but employees removed for cause during a working test period shall not be so returned.
(cf: P.L.2008, c.29, s.41)
7. N.J.S.11A:8-1 is amended to read as follows:
11A:8-1. a. A permanent employee may be laid off for economy, efficiency or other related reason. A permanent employee shall receive 45 days' written notice, unless in State government a greater time period is ordered by the commission, which shall be served personally or by certified mail, of impending layoff or demotion and the reasons therefor. The notice shall expire 120 days after service unless extended by the commission for good cause. At the same time the notice is served, the appointing authority shall provide the commission with a list of the names and permanent titles of all employees receiving the notice. The Civil Service Commission shall adopt rules to implement employee layoff rights consistent with the provisions of this section. The commission shall consult with the advisory board representing labor organizations prior to such recommendations.
b. Permanent employees in the service of the State or a political subdivision shall be laid off in inverse order of seniority. As used in this subsection, "seniority" means the length of continuous permanent service in the jurisdiction, regardless of title held during the period of service, except that for police and firefighting titles, "seniority" means the length of continuous permanent service only in the current permanent title and any other title that has lateral or demotional rights to the current permanent title. Seniority for all titles shall be based on the total length of calendar years, months and days in continuous permanent service regardless of the length of the employee's work week, work year or part-time status.
c. For purposes of State service, a "layoff unit" means a department or autonomous agency and includes all programs administered by that department or agency. For purposes of political subdivision service, the "layoff unit" means a department in a county or municipality, an entire autonomous agency, or an entire school district, except that the commission may establish broader layoff units.
d. For purposes of State service, "job location" means a county. The commission shall assign a job location to every facility and office within a State department or autonomous agency. For purposes of local service, "job location" means the entire political subdivision and includes any facility operated by the political subdivision outside its geographic borders.
e. For purposes of determining lateral title rights in State and political subdivision service, title comparability shall be determined by the commission based upon whether the: (1) titles have substantially similar duties and responsibilities; (2) education and experience requirements for the titles are identical or similar; (3) employees in an affected title, with minimal training and orientation, could perform the duties of the designated title by virtue of having qualified for the affected title; and (4) special skills, licenses, certifications or registration requirements for the designated title are similar and do not exceed those which are mandatory for the affected title. Demotional title rights shall be determined by the commission based upon the same criteria, except that the demotional title shall have lower but substantially similar duties and responsibilities as the affected title.
f. In State service, a permanent employee in a position affected by a layoff action shall be provided with applicable lateral and demotional title rights first, at the employee's option, within the municipality in which the facility or office is located and then to the job locations selected by the employee within the department or autonomous agency. The employee shall select individual job locations in preferential order from the list of all job locations and shall indicate job locations at which the employee will accept lateral and demotional title rights. In local service, a permanent employee in a position affected by a layoff action shall be provided lateral and demotional title rights within the layoff unit.
g. Following the employee's selection of job location preferences, lateral and demotional title rights shall be provided in the following order:
(1) a vacant position that the appointing authority has previously indicated it is willing to fill;
(2) a position held by a provisional employee who does not have permanent status in another title, and if there are multiple employees at a job location, the specific position shall be determined by the appointing authority;
(3) a position held by a provisional employee who has permanent status in another title, and if there are multiple provisional employees at a job location, the specific position shall be determined based on level of the permanent title held and seniority;
(4) the position held by the employee serving in a working test period with the least seniority;
(5) in State service, and in local jurisdictions having a performance evaluation program approved by the commission, the position held by the permanent employee whose performance rating within the most recent 12 months in the employee's permanent title was significantly below standards or an equivalent rating;
(6) in State service, and in local jurisdictions having a performance evaluation program approved by the commission, the position held by the permanent employee whose performance rating within the most recent 12 months in the employee's permanent title was marginally below standards or an equivalent rating; and
(7) the position held by the permanent employee with the least seniority.
h. A permanent employee shall be granted special reemployment rights based on the employee's permanent title at the time of the layoff action and the employee shall be certified for reappointment after the layoff action to the same, lateral and lower related titles. Special reemployment rights shall be determined by the commission in the same manner as lateral and demotional rights.
i. Notwithstanding the provisions above, at no time shall any person on a military leave of absence for active service in the Armed Forces of the United States in time of war or emergency be laid off.
j. A layoff plan submitted to the commission by an appointing authority of the State or a local jurisdiction shall be posted on the website of the commission upon receipt, and the website of the appointing authority upon submission along with all the information required by the commission to be submitted with the plan and the posting shall include the analysis and calculations prepared by the appointing authority to determine the expenditure reductions that will result from the implementation of the layoff plan.
k. Public employers and majority representatives may enter into agreements to avoid or reduce layoffs, including, but not limited to, agreements that achieve savings and economies through temporary layoffs and other reductions in work time. Agreements entered into by a public employer and a majority representative to avoid or reduce layoffs are binding on the parties. The New Jersey Public Employment Relations Commission shall enforce the obligations of majority representatives and public employers to negotiate in good faith with respect to such agreements and shall resolve disputes that arise over the scope of negotiations with respect to such matters pursuant to its authority under the New Jersey Employer-Employee Relations Act, P.L.1941, c.100 (C.34:13A-1 et seq.).
(cf: P.L.2008, c.29, s.69)
8. (New section) Notwithstanding the provisions of Title 11A of the New Jersey Statutes, 1the State and the employees of the State who have a majority representative for collective negotiations purposes and1 a political subdivision of the State that has adopted the provisions of Title 11A of the New Jersey Statutes and the employees of that political subdivision who have a majority representative for collective negotiations purposes 1,1 in accordance with section 7 of the New Jersey Employer-Employee Relations Act, P.L.1968, c.303 (C.34:13A-5.3), may negotiate and provide for in a collective negotiations agreement any matter that involves appeal, classification, selection, appointment, preference, leave, 1[layoff] layoffs1 , and any other term, condition, or process for employment otherwise directly or indirectly covered in Title 11A, in which event the provisions of Title 11A shall be suspended for the term of that agreement with regard to that employer and those employees represented by that majority representative and covered by that agreement. No party shall make a unilateral decision that results in the inclusion in the collective bargaining agreement of a process, requirement, term, or condition involving a matter negotiable under this section that may reasonably be construed to be less restrictive or less protective than the identifiably similar provision as set forth in Title 11A and in the regulations promulgated thereto.
9. N.J.S.11A:2-13 is amended to read as follows:
11A:2-13. Opportunity for appointing authority hearing, alternative procedures.
Except as otherwise provided herein, before any disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6 is taken against a permanent employee in the career service or a person serving a working test period, the employee shall be notified in writing and shall have the opportunity for a hearing before the appointing authority or its designated representative. The hearing shall be held within 30 days of the notice of disciplinary action unless waived by the employee. Both parties may consent to an adjournment to a later date.
When the State of New Jersey and the majority representative have agreed pursuant to the New Jersey Employer-Employee Relations Act, section 7 of P.L.1968, c.303 (C.34:13A-5.3), to a procedure for appointing authority review before disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6, which would be otherwise appealable to the Civil Service Commission under N.J.S.11A:2-14, is taken against a permanent employee in the career service or a person serving a working test period, such procedure shall be the exclusive procedure for review before the appointing authority.
A political subdivision of the State that has adopted the provisions of Title 11A of the New Jersey Statutes and the majority representative of its employees shall negotiate, pursuant to the New Jersey Employer-Employee Relations Act, section 7 of P.L.1968, c.303 (C.34:13A-5.3), the procedure for appointing authority review before disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6, which would be otherwise appealable to the Civil Service Commission under N.J.S.11A:2-14, is taken against a permanent employee in the career service or a person serving a working test period. Negotiations may result in a determination that the provisions of Title 11A and the regulations promulgated thereto shall be the review procedure. A provision in a collective negotiations agreement for such a review shall be the exclusive procedure for appointing authority review before disciplinary action is taken. If the parties are unable to reach agreement after negotiations, the review procedure shall be subject to binding arbitration. Arbitrators shall be selected in accordance with the provisions of the New Jersey Employer-Employee Relations Act, P.L.1941, c.100 (C.34:13A-1 et seq.).
This section shall not prohibit the immediate suspension of an employee without a hearing if the appointing authority determines that the employee is unfit for duty or is a hazard to any person if allowed to remain on the job or that an immediate suspension is necessary to maintain safety, health, order or effective direction of public services. In addition, where a suspension is based on a formal charge of a crime of the first, second or third degree, or a crime of the fourth degree if committed on the job or directly related to the job, the suspension may be immediate and continue until a disposition of the charge. The Civil Service Commission shall establish, by rule, procedures for hearings and suspensions with or without pay.
(cf: P.L.2008, c.119, s.10)
10. N.J.S.11A:2-14 is amended to read as follows:
11A:2-14. Notice to employee of right to appeal, alternative procedures.
Except as otherwise provided herein, within 20 days of the hearing provided in N.J.S.11A:2-13, the appointing authority shall make a final disposition of the charges against the employee and shall furnish the employee with written notice. If the appointing authority determines that the employee is to be removed, demoted or receive a suspension or a fine greater than five days, the employee shall have a right to appeal to the Civil Service Commission. The suspension or fine of an employee for five days or less shall be appealable if an employee's aggregate number of days suspended or fined in any one calendar year is 15 days or more. Where an employee receives more than three suspensions or fines of five or less days in a calendar year, the last suspension or fine is appealable.
When the State of New Jersey and the majority representative have agreed pursuant to the New Jersey Employer-Employee Relations Act, section 7 of P.L.1968, c.303 (C.34:13A-5.3), to a disciplinary review procedure that provides for binding arbitration of disputes involving disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6, which would be otherwise appealable to the Civil Service Commission under N.J.S.11A:2-14, being taken against a permanent employee in the career service or a person serving a working test period, such procedure shall be the exclusive procedure for any appeal of such disciplinary action.
A political subdivision of the State that has adopted the provisions of Title 11A of the New Jersey Statutes and the majority representative of its employees shall negotiate, pursuant to the New Jersey Employer-Employee Relations Act, section 7 of P.L.1968, c.303 (C.34:13A-5.3), the disciplinary review procedure, including binding arbitration, for disputes involving disciplinary action in subsection a.(1), (2) and (3) of N.J.S.11A:2-6, which would be otherwise appealable to the Civil Service Commission under N.J.S.11A:2-14, being taken against a permanent employee in the career service or a person serving a working test period. Negotiations may result in a determination that the provisions of Title 11A and the regulations promulgated thereto shall be the disciplinary review procedure. A provision in a collective negotiations agreement for the disciplinary review procedure shall be the exclusive procedure for any appeal of such disciplinary action. If the parties are unable to reach agreement after negotiations, the review procedure shall be subject to binding arbitration. Arbitrators shall be selected in accordance with the provisions of the New Jersey Employer-Employee Relations Act, P.L.1941, c.100 (C.34:13A-1 et seq.).
(cf: P.L.2008, c.119, s.11)
11. Section 7 of P.L.1968, c.303 (C.34:13A-5.3) is amended to read as follows:
7. Except as hereinafter provided, public employees shall have, and shall be protected in the exercise of, the right, freely and without fear of penalty or reprisal, to form, join and assist any employee organization or to refrain from any such activity; provided, however, that this right shall not extend to elected officials, members of boards and commissions, managerial executives, or confidential employees, except in a school district the term managerial executive shall mean the superintendent of schools or his equivalent, nor, except where established practice, prior agreement or special circumstances dictate the contrary, shall any supervisor having the power to hire, discharge, discipline, or to effectively recommend the same, have the right to be represented in collective negotiations by an employee organization that admits nonsupervisory personnel to membership, and the fact that any organization has such supervisory employees as members shall not deny the right of that organization to represent the appropriate unit in collective negotiations; and provided further, that, except where established practice, prior agreement, or special circumstances dictate the contrary, no policeman shall have the right to join an employee organization that admits employees other than policemen to membership. The negotiating unit shall be defined with due regard for the community of interest among the employees concerned, but the commission shall not intervene in matters of recognition and unit definition except in the event of a dispute.
Representatives designated or selected by public employees for the purposes of collective negotiation by the majority of the employees in a unit appropriate for such purposes, by the majority of the employees voting in an election conducted by the commission as authorized by this act or, at the option of the representative in a case in which the commission finds that only one representative is seeking to be the majority representative, by a majority of the employees in the unit signing authorization cards indicating their preference for that representative, shall be the exclusive representatives for collective negotiation concerning the terms and conditions of employment of the employees in such unit. An authorization card indicating preference shall not be valid unless it is printed in a language understood by the employees who signs it.
Nothing herein shall be construed to prevent any official from meeting with an employee organization for the purpose of hearing the views and requests of its members in such unit so long as (a) the majority representative is informed of the meeting; (b) any changes or modifications in terms and conditions of employment are made only through negotiation with the majority representative; and (c) a minority organization shall not present or process grievances. Nothing herein shall be construed to deny to any individual employee his rights under Civil Service laws or regulations. When no majority representative has been selected as the bargaining agent for the unit of which an individual employee is a part, he may present his own grievance either personally or through an appropriate representative or an organization of which he is a member and have such grievance adjusted.
A majority representative of public employees in an appropriate unit shall be entitled to act for and to negotiate agreements covering all employees in the unit and shall be responsible for representing the interest of all such employees without discrimination and without regard to employee organization membership. Proposed new rules or modifications of existing rules governing working conditions shall be negotiated with the majority representative before they are established. In addition, the majority representative and designated representatives of the public employer shall meet at reasonable times and negotiate in good faith with respect to grievances, disciplinary disputes, agreements to avoid or reduce layoffs, and other terms and conditions of employment. Terms and conditions of employment set by civil service law or regulation may be modified by a written agreement entered into between a public employer and a majority representative. Absent a written agreement between a public employer and a majority representative, existing civil service laws and regulations that set terms and conditions of employment shall remain in full force and effect. Nothing herein shall be construed as permitting negotiation of the standards or criteria for employee performance or of layoff rights set by civil service law or regulation. Public employers and majority representatives may enter into agreements to avoid or reduce layoffs, including, but not limited to, agreements that achieve savings and economies through temporary layoffs and other reductions in work time. Agreements entered into by a public employer and a majority representative to avoid or reduce layoffs are binding on the parties.
When an agreement is reached on the terms and conditions of employment, it shall be embodied in writing and signed by the authorized representatives of the public employer and the majority representative.
Public employers shall negotiate written policies setting forth grievance and disciplinary review procedures by means of which their employees or representatives of employees may appeal the interpretation, application or violation of policies, agreements, and administrative decisions, including disciplinary determinations, affecting them, provided that such grievance and disciplinary review procedures shall be included in any agreement entered into between the public employer and the representative organization. Such grievance and disciplinary review procedures may provide for binding arbitration as a means for resolving disputes. Except as otherwise provided herein, the procedures agreed to by the parties may not replace or be inconsistent with any alternate statutory appeal procedure nor may they provide for binding arbitration of disputes involving the discipline of employees with statutory protection under tenure or civil service laws, except as permitted by civil service laws and except that such procedures may provide for binding arbitration of disputes involving the minor discipline of any public employees protected under the provisions of section 7 of P.L.1968, c.303 (C.34:13A-5.3), other than public employees subject to discipline pursuant to R.S.53:1-10. Grievance and disciplinary review procedures established by agreement between the public employer and the representative organization shall be utilized for any dispute covered by the terms of such agreement. For the purposes of this section, minor discipline shall mean a suspension or fine of less than five days unless the employee has been suspended or fined an aggregate of 15 or more days or received more than three suspensions or fines of five days or less in one calendar year.
Where the State of New Jersey, or a political subdivision of the State that has adopted the provisions of Title 11A of the New Jersey Statutes, and the majority representative have agreed to a disciplinary review procedure that provides for binding arbitration of disputes involving the major discipline of any public employee protected under the provisions of this section, other than public employees subject to discipline pursuant to R.S.53:1-10, the grievance and disciplinary review procedures established by agreement between the State of New Jersey, or a political subdivision thereof, and the majority representative shall be utilized for any dispute covered by the terms of such agreement. For the purposes of this section, major discipline shall mean a removal, disciplinary demotion, suspension or fine of more than five days, or less where the aggregate number of days suspended or fined in any one calendar year is 15 or more days or unless the employee received more than three suspensions or fines of five days or less in one calendar year.
In interpreting the meaning and extent of a provision of a collective negotiation agreement providing for grievance arbitration, a court or agency shall be bound by a presumption in favor of arbitration. Doubts as to the scope of an arbitration clause shall be resolved in favor of requiring arbitration.
(cf: P.L.2005, c.380, s.1)
12. Section 11 of P.L.2007, c.63 (C.40A:65-11) is amended to read as follows:
11. a. When a local unit contracts, through a shared service or joint meeting, to have another local unit or a joint meeting provide a service it is currently providing using public employees and one or more of the local units have adopted Title 11A, Civil Service, then the agreement shall include an employment reconciliation plan in accordance with this section that and, if one or more of the local units have adopted Title 11A, Civil Service, shall specifically set forth the intended jurisdiction of the Civil Service Commission. An employment reconciliation plan shall be subject to the following provisions:
(1) a determination of those employees, if any, that shall be transferred to the providing local unit, retained by the recipient local unit, or terminated from employment for reasons of economy or efficiency, subject to the provisions of any existing collective bargaining agreements within the local units.
(2) any employee terminated for reasons of economy or efficiency by the local unit providing the service under the shared service agreement [shall] , at the option of the local unit or pursuant to a collective negotiations agreement between the local unit and a majority representative, may be given a terminal leave payment of not less than a period of one month for each five-year period of past service as an employee with the local unit, or other enhanced benefits that may be provided or negotiated. For the purposes of this paragraph, "terminal leave payment" means a single, lump sum payment, paid at termination, calculated using the regular base salary at the time of termination. Unless otherwise negotiated or provided by the employer, a terminal leave benefit shall not include extended payment, or payment for retroactive salary increases, bonuses, overtime, longevity, sick leave, accrued vacation or other time benefit, or any other benefit.
(3) the Civil Service Commission shall place any employee that has permanent status pursuant to Title 11A, Civil Service, of the New Jersey Statutes that is terminated for reasons of economy or efficiency at any time by either local unit on a special reemployment list for any civil service employer within the county of the agreement or any political subdivision therein.
(4) when a proposed shared service agreement affects employees in local units subject to Title 11A, Civil Service, of the New Jersey Statutes, an employment reconciliation plan shall be filed with the Civil Service Commission prior to the approval of the shared service agreement. The commission shall review it for consistency with this section within 45 days of receipt and it shall be deemed approved, subject to approval of the shared service agreement by the end of that time, unless the commission has responded with a denial or conditions that must be met in order for it to be approved.
(5) when an action is required of the Civil Service Commission by this section, parties to a planned shared service agreement may consult with that commission in advance of the action and the commission shall provide such technical support as may be necessary to assist in the preparation of an employment reconciliation plan or any other action required of the commission by this section.
b. If all the local units that are parties to the agreement are subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes, the Civil Service Commission shall create an implementation plan for the agreement that will: (1) transfer employees with current status in current title unless reclassified, or (2) reclassify employees into job titles that best reflect the work to be performed. The Civil Service Commission shall review whether any existing hiring or promotional lists should be merged, inactivated, or re-announced. Non-transferred employees shall be removed or suspended only for good cause and after the opportunity for a hearing before the Civil Service Commission; provided, however, that they may be laid-off in accordance with the provisions of N.J.S.11A:8-1 et seq., and the regulations promulgated thereunder. The final decision of which employees shall transfer to the new employer is vested solely with the local unit that will provide the service and subject to the provisions of any existing collective bargaining agreements within the local units.
c. If the local unit that will provide the service pursuant to a shared service agreement is subject to Title 11A, Civil Service, of the New Jersey Statutes, but the local unit to receive the service is not subject to that Title, and the contracting local units desire that some or all employees of the recipient local unit are to be transferred to the providing local unit, the Civil Service Commission shall vest only those employees who have been employed for one year or more in permanent status pursuant to N.J.S.11A:9-9 in appropriate titles, seniority, and tenure with the providing local unit based on the duties of the position. The final decision of which employees shall transfer to the new employer is vested solely with the local unit that will provide the service and subject to the provisions of any existing collective bargaining agreements within the local units.
d. If the local unit that will provide the service is not subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes, but the local unit that will receive the service is subject to that Title and the parties desire that some or all employees of the recipient local unit are to be transferred to the providing local unit, the transferred employees shall be granted tenure in office and shall only be removed or suspended for good cause and after a hearing; provided, however, that they may be laid-off in accordance with the provisions of N.J.S.11A:8-1 et seq., and the regulations promulgated thereunder. The transferred employees shall be subject to layoff procedures prior to the transfer to the new entity. Once transferred, they will be subject to any employment contracts and provisions that exist for the new entity. The final decision of which employees shall transfer to the new employer is vested solely with the local unit that will provide the service and subject to the provisions of any existing collective bargaining agreements within the local units.
(cf: P.L.2008, c.29, s.101)
13. a. There shall be established within the Civil Service Commission a Civil Service Title Reduction Task Force. The purpose of the task force shall be to develop a list of titles within the civil service, not including public safety titles, that are to be consolidated or abolished with the result that the number of titles that exist on July 1, 2010 shall be reduced by at least 33 percent.
b. The task force shall be comprised of six members as follows:
(1) one person appointed by the Governor;
(2) one representative of the New Jersey League of Municipalities recommended thereby, appointed by the President of the Senate;
(3) one representative of the New Jersey Association of Counties recommended thereby, appointed by the Speaker of the General Assembly;
(4) one member of the New Jersey State AFL-CIO representing State and local employees in New Jersey recommended thereby, appointed by the Governor;
(5) one member of the New Jersey State AFL-CIO representing State and local employees in New Jersey recommended thereby, appointed by the President of the Senate; and
(6) one member of the New Jersey State AFL-CIO representing State and local employees in New Jersey recommended thereby, appointed by the Speaker of the General Assembly.
Members of the task force shall be appointed no later than 30 days after the enactment date of P.L. , c. (pending before the Legislature as this bill). A vacancy in the membership of the task force shall be filled in the same manner as the original appointment.
The task force shall organize within 30 days following the appointment of its members. The task force shall select a chairperson and may appoint a secretary who need not be a member of the task force. The commission shall provide the equipment, materials, and personnel the task force may request for the conduct of its work.
The members of the task force shall serve without compensation and shall not be reimbursed for any expenses incurred in the performance of their duties.
Members of the task force who are absent for two consecutive meetings of the full task force without being excused for good cause by the chairperson shall be deemed to have vacated the position.
Four members of the task force shall constitute a quorum, and a meeting of the task force shall be called upon the request of four members.
The task force shall meet and hold no fewer than three public hearings in various parts of the State.
c. Each appointing authority in the civil service shall review the titles within its jurisdiction commencing on the enactment date of P.L. , c. (pending before the Legislature as this bill) and identify those titles that should be consolidated or abolished because they are deemed to be redundant, obsolete, or too narrow in scope. The commission shall notify all appointing authorities of this requirement within three business days after the enactment date.
Each appointing authority shall report to the task force the results of its review no later than the 45 days following the enactment date. The task force may, in whole or in part and after review and acceptance, use the results of the review by the appointing authorities for the list developed by the task force.
d. The task force shall develop and submit to the commission no later than 90 days following its initial meeting the list of titles to be consolidated or abolished.
14. a. Pursuant to N.J.S.11A:3-1, the Civil Service Commission shall initiate the process to consolidate and abolish the titles on the list contained in the report submitted to the commission by the Civil Service Title Reduction Task Force. At the conclusion of the process, the number of titles that exist on July 1, 2010 shall be reduced by at least 33 percent.
In the event that the task force is unable to agree on a list of titles to be consolidated and abolished within 90 days of its initial meeting, or in the event the list of titles submitted by the task force is inadequate to meet the reduction goal, the commission shall review the work of the task force, and develop a list of titles or of additional titles to be consolidated and abolished. Pursuant to N.J.S.11A:3-1, the commission shall initiate the process to consolidate and abolish the titles on the list that it has developed.
b. When the commission consolidates or abolishes a title pursuant to this section, there shall be no adverse affect on the seniority rights, layoff rights, compensation of incumbents in titles, or the composition of collective negotiations units in titles that have been selected to be consolidated or abolished.
c. When titles within the civil service are to be consolidated pursuant to this section and such titles are in a negotiations unit, the employer and the majority representative selected or designated pursuant to section 7 of P.L.1968, c.303 (C.34:13A-5.3) shall together negotiate the compensation or wage rate for the new title.
15. During the six-month period following the enactment date of P.L. , c. (pending before the Legislature as this bill), no new title shall be created within the civil service for any appointing authority in the civil service.
16. (New section) When an appointing authority in the civil service seeks to have a new title created, the appointing authority shall provide the Civil Service Commission with a report describing in detail the reasons for the need to request the creation of the new title. Before the commission determines whether to authorize the creation of the title, notice of the proposed creation of a new title shall be posted on the homepage of the website of the commission, together with the report submitted by the appointing authority.
17. This act shall take effect immediately, except that sections 1, 2, and 3 shall take effect 90 days following enactment, and except that the Civil Service Commission may take such anticipatory actions as may be deemed necessary and appropriate for the implementation of sections 1 through 3 of this act.
