[First Reprint]

SENATE, No. 3071

STATE OF NEW JERSEY

213th LEGISLATURE

 

INTRODUCED DECEMBER 3, 2009

 


 

Sponsored by:

Senator  PAUL A. SARLO

District 36 (Bergen, Essex and Passaic)

Senator  BILL BARONI

District 14 (Mercer and Middlesex)

Assemblyman  REED GUSCIORA

District 15 (Mercer)

Assemblyman  JOSEPH CRYAN

District 20 (Union)

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Senator Turner and Assemblywoman Quijano

 

 

 

 

SYNOPSIS

     Permits certain managers and deputy attorneys general of the State to negotiate collectively under the “New Jersey Employer-Employee Relations Act;” changes definition of managerial executives and removes confidential status of deputy attorneys general and certain State investigators.

 

CURRENT VERSION OF TEXT

     As amended by the Senate on January 7, 2010.

  


An act concerning collective labor negotiations and amending 1[P.L.1941, c.100, P.L.2005, c.148, and P.L.1944, c.20] various parts of the statutory law1.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 3 of P.L.1941, c.100 (C.34:13A-3) is amended to read as follows:

     3.    When used in this act:

     (a)   The term "board" shall mean New Jersey State Board of Mediation.

     (b)   The term "commission" shall mean New Jersey Public Employment Relations Commission.

     (c)   The term  "employer" includes an employer and any person acting, directly or indirectly, on behalf of or in the interest of an employer with the  employer's knowledge or ratification, but a labor organization, or any officer or agent thereof, shall be considered an employer only with respect to individuals employed by such organization.  This term shall include "public  employers"  and shall mean the State of New Jersey, or the several counties and  municipalities thereof, or any other political subdivision of the State, or a school district, or any special district, or any authority, commission, or  board, or any branch or agency of the public service.

     (d)   The term "employee" shall include any employee, and shall not be limited to the employees of a particular employer unless this act explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of or in connection with any current labor dispute or because of any unfair labor practice and who has not obtained any other regular and substantially equivalent employment.  This term, however, shall not include any  individual taking the place of any employee whose work has ceased as aforesaid,  nor shall it include any individual employed by his parent or spouse, or in the  domestic service of any person in the home of the employer, or employed by any  company owning or operating a railroad or railway express subject to the  provisions of the Railway Labor Act (45 U.S.C. s.151 et seq.).  This term shall include any public employee, i.e., any person holding a position, by appointment or contract, or  employment in the service of a public employer, except elected officials, members of boards and commissions, managerial executives and confidential  employees.

     (e)   The term "representative" is not limited to individuals but shall include labor organizations, and individual representatives need not themselves  be employed by, and the labor organization serving as a representative need not be limited in membership to the employees of, the employer whose employees are represented.  This term shall include any organization, agency or person  authorized or designated by a public employer, public employee, group of public employees, or public employee association to act on its behalf and represent it or them.

     (f)    "Managerial executives" of a public employer, in the case of the State of New Jersey, means persons who formulate management policies and practices, [and] but shall not mean persons who are charged with the responsibility of directing the effectuation of such management policies and practices, except that, in the case of the Executive Branch of the State of New Jersey, “managerial executive” shall include only personnel at or above the level of assistant commissioner.

     In the case of any public employer other than the State of New Jersey, "managerial executives" of a public employer means persons who formulate management policies and practices, and persons who are charged with the responsibility of directing the effectuation of such management policies and practices, except that in any school district this term shall include only the superintendent or other chief administrator, and the assistant superintendent of the district.

     (g)   "Confidential employees" of a public employer means employees whose functional responsibilities or knowledge in connection with the issues involved in the collective negotiations process would make their membership in any appropriate negotiating unit incompatible with their official duties.

     "Confidential employees" of  the State of New Jersey means employees who have direct involvement in representing the State in the collective negotiations process making their membership in any appropriate negotiating unit incompatible with their official duties.

(cf: P.L.1974 c.123, s.2)

 

     2.    Section 1 of P.L.2005, c.142 (C.34:13A-5.10) is amended to read as follows:

     1.    a.  The Legislature finds and declares that, for more than three decades, there have been broad-based collective negotiations units for the employees in the Executive Branch of State government.  This existing unit structure has contributed to the stability of labor relations between the public employees and the Executive Branch and has served to avoid disruption of services to the public.  To foster continued harmonious labor relations between State employees and the Executive Branch, the existing structure for collective negotiations units must be codified.

     In addition, the Legislature finds and declares that the structure should be expanded to permit collective negotiations for managers and deputy attorneys general who are not covered by the ten units for civilian employees of the Executive Branch.

     b.    (1)  There shall be only [ten] twelve collective negotiations units for civilian employees of the Executive Branch of State government.  The units shall be as follows: administrative and clerical; professional; primary level supervisory; high level supervisory; operations, maintenance and services; crafts; inspection and security; health care and rehabilitation services; State colleges and universities; [and] State colleges and universities adjuncts ;deputy attorneys general; and State government managers.

     (2)   An existing or newly established title that is not assigned managerial, executive or confidential duties, as defined in subsections (f) and (g) of section 3 of P.L.1941, c.100 (C.34:13A-3), may be placed in one of the [ten] twelve collective negotiations units for civilian employees by the Governor's Office of Employee Relations.  Such placements may be challenged through a unit clarification procedure pursuant to the rules of the New Jersey Public Employment Relations Commission.

(cf:  P.L.2005, c.142, s.1)

 

     3.    Section 7 of P.L.1944, c.20 (C.52:17A-7) is amended to read as follows:

     7.    [Deputy Attorneys-General and ] Assistant Attorneys-General in the Department of Law and Public Safety shall hold their offices at the pleasure of the Attorney-General and shall receive such salaries as the Attorney-General shall from time to time designate.  They shall be deemed confidential employees for purposes of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.).

(cf:  P. L.1994, c.161, s.1)

 

     14.   Section 4 of P.L.1970, c.74 (C.52:17B-100) is amended to read as follows:

     4.    a.  The Attorney General shall organize the work of the division in such bureaus and other organizational units as he may determine to be necessary for efficient and effective operation and shall assign to the division such employees in the Department of Law and Public Safety as may be necessary to assist the director in the performance of his duties.

     b.    All employees of the division, except for secretarial and clerical personnel, shall be in the unclassified service of the civil service of the State.  All unclassified employees of the division , except for State investigators appointed pursuant to section 1 of P.L.1977, c.275 (C.52:17B-100.1), shall be deemed confidential  employees for the purposes of the "New Jersey Employer-Employee Relations Act", P.L.1941, c.100 (C.34:13A-1 et seq.).1

(cf:  P.L.1981, c.187, s.1)


     1[4.] 5.1     This act shall take effect immediately.