ASSEMBLY, No. 3136

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JULY 1, 2010

 


 

Sponsored by:

Assemblywoman  L. GRACE SPENCER

District 29 (Essex and Union)

Assemblywoman  NELLIE POU

District 35 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Clarifies definition of “managerial executives” and “confidential employees” in the "New Jersey Employer-Employee Relations Act.”

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning collective labor negotiations and amending P.L.1941, c.100.

 

     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.  The term shall also include the Delaware River Port Authority, established pursuant to R.S.32:3-1 et seq.

     (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, including the Delaware River Port Authority, 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 Executive Branch of the State of New Jersey, means persons who formulate management policies and practices and includes only personnel at or above the level of assistant commissioner 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 Executive Branch of 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 other than the Executive Branch of the State of New Jersey, 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 Executive Branch 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.2009, c.314, s.1)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill amends the definition of “managerial executives” and “confidential employees” in the New Jersey Employer-Employee Relations Act, P.L.1941, c.100 (34:13A-1 et seq.) for the purposes of collective labor negotiations. This bill would clarify the revisions made to these definitions pursuant to P.L.2009, c.314 which allowed certain managers employed by the State to negotiate collectively under the act, by creating a distinction between managers who formulate management policies and practices and those who effectuate the policies and practices.

     The bill provides that in the case of a public employer in the Executive Branch the definition of “managerial executives” is persons who formulate management policies and practices and includes only personnel at or above the level of assistant commissioner, but does not mean persons who are charged with the responsibility of directing the effectuation of such management policies and practices. In addition, this bill reorganizes the language concerning assistant commissioners to clarify that managerial executives includes only personnel at or above the level of assistant commissioner. As noted in the committee statement, P.L.2009, c.314 provided for this change in definition so that any manager employed by the Executive Branch of the State Government at a level below the level of assistant commissioner, and any manager employed by the State who is not involved with formulating management policies and practices, may join employee organizations and through these organizations collectively negotiate salaries and benefits with public employers.

     In the case of a public employer other than in the Executive Branch "managerial executives" 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.

     With regard to “confidential employers,” the bill provides that this term in the case of a public employer other than the Executive Branch 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.

     In the case of "confidential employees" of the Executive Branch this term 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.