ASSEMBLY, No. 2960

STATE OF NEW JERSEY

214th LEGISLATURE

INTRODUCED JUNE 17, 2010

 


 

Sponsored by:

Assemblyman† JOHN DIMAIO

District 23 (Warren and Hunterdon)

Assemblywoman† AMY H. HANDLIN

District 13 (Middlesex and Monmouth)

 

Co-Sponsored by:

Assemblyman O'Scanlon

 

 

 

 

SYNOPSIS

†††† Concerns collective negotiations for school employees; repeals law prohibiting school boards from imposing terms and conditions of employment.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning collective negotiations for school employees, amending P.L.2003, c.126, and repealing section 3 of P.L.2003, c.126.

 

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

 

†††† 1.††† Section 4 of P.L.2003, c.126 (C.34:13A-34) is amended as follows:

†††† 4.††† a. In any case in which collective negotiations between an employer and a majority representative have failed to result in the parties reaching agreement on the terms of a negotiated agreement and the commission's mediation procedures have been exhausted with no final agreement having been reached, the parties shall be required to participate in mandatory fact finding, which shall be conducted by a fact finder under the jurisdiction of the commission, subject to procedures established by the commission pursuant to regulation. The fact finder shall be appointed no later than 30 days after the last meeting between the parties and the mediator in connection with the mediation pursuant to this act.

†††† b.††† Following completion of such fact finding, the fact finder's report shall be made available to the parties immediately after its issuance, and to the public 10 days thereafter.

†††† c.†††† If the employer and the majority representative do not reach a voluntary negotiated agreement within 20 days after the issuance of the fact finder's report, the commission shall appoint a super conciliator to assist the parties, based upon procedures and subject to qualifications established by the commission pursuant to regulation.

†††† d.††† In any case in which collective negotiations between an employer and a majority representative have failed to result in the parties reaching agreement on the terms of a negotiated agreement, the commission shall take measures to assure the impartial selection of a fact finder or super conciliator from its panels. The selection of any fact finder or super conciliator shall be the responsibility of the commission, independent of and without any participation by either of the parties.

†††† e.†††† Any fact finder or super conciliator selected by the commission pursuant to this section shall not issue any fact finderís report, or, in the case of a super conciliator, any final report, recommending a collective negotiation settlement or agreement, which exceeds a total of 2.5% on economic issues including wages, salaries, hours in relation to earnings, and other forms of compensation such as paid vacation, paid holidays, health and medical insurance, and other economic benefits to employees.

(cf: P.L.2003, c.126, s.4)

 

†††† 2.††† Section 3 of P.L.2003, c.126 (C.34:13A-33) is repealed.


†††† 3.††† This act shall take effect immediately.

 

 

STATEMENT

 

†††† This bill repeals section 3 of the "School Employees Contract Resolution and Equity Act," P.L.2003, c.126 (C.34:13A-31 et seq.), which currently provides for certain collective negotiation procedures for school employee contracts and prohibits any school employer from unilaterally imposing, modifying, amending, deleting, or altering any terms and conditions of employment of its employees without specific agreement of their majority representative.

†††† By repealing section 3 of P.L.2003, c.126 (C.34:13A-33), this bill will reinstate the ability of school boards to unilaterally impose their last best contract offers, thereby resolving a negotiations impasse.

†††† The bill also amends section 4 of P.L.2003, c.126 (C.34:13A-34) to clarify that, in any case in which collective negotiations between an employer and a majority representative have failed to result in the parties reaching agreement on the terms of a negotiated agreement, the selection of any fact finder or super conciliator will be the sole responsibility of the New Jersey Public Employment Relations Commission (PERC), independent of and without any participation by either of the parties.

†††† Finally, the bill prohibits any fact finder or super conciliator selected by PERC, from issuing any fact finderís report, or, in the case of a super conciliator, any final report, recommending a collective negotiation settlement or agreement, which exceeds a total of 2.5% on economic issues including wages, salaries, hours in relation to earnings, and other forms of compensation such as paid vacation, paid holidays, health and medical insurance, and other economic benefits to employees.