ASSEMBLY, No. 3219

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED SEPTEMBER 16, 2010

 


 

Sponsored by:

Assemblyman  JAY WEBBER

District 26 (Morris and Passaic)

 

 

 

 

SYNOPSIS

     Amends State college law to allow boards of trustees to conduct collective bargaining.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning State colleges and revising various parts of the statutory law.

 

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

 

     1.    N.J.S.18A:64-6 is amended to read as follows:

     18A:64-6.  The board of trustees of a State college shall have general supervision over and shall be vested with the conduct of the college.  It shall have the power and duty to:

     a.     Adopt and use a corporate seal;

     b.    Determine the educational curriculum and program of the college consistent with the programmatic mission of the institution or approved by the Commission on Higher Education;

     c.     Determine policies for the organization, administration and development of the college;

     d.    Study the educational and financial needs of the college; annually acquaint the Governor and Legislature with the condition of the college; and prepare and present the annual budget to the Governor, the Division of Budget and Accounting in the Department of the Treasury and the Legislature in accordance with law;

     e.     Disburse all moneys appropriated to the college by the Legislature and all moneys received from tuition, fees, auxiliary services and other sources;

     f.     Direct and control expenditures and transfers of funds appropriated to the college and tuition received by the college, in accordance with the provisions of the State budget and appropriation acts of the Legislature, reporting changes and additions thereto and transfers thereof to the Director of the Division of Budget and Accounting in the State Department of the Treasury and as to funds received from other sources, direct and control expenditures and transfers in accordance with the terms of any applicable trusts, gifts, bequests, or other special provisions.  All accounts of the college shall be subject to audit by the State at any time;

     g.     In accordance with the provisions of the State budget and appropriation acts of the Legislature, appoint and fix the compensation of a president of the college, who shall be the executive officer of the college and an ex officio member of the board of trustees, without vote, and shall serve at the pleasure of the board of trustees;

     h.     Notwithstanding the provisions of Title 11, Civil Service, of the Revised Statutes, upon nomination by the president appoint a treasurer and such deans and other professional members of the academic, administrative and teaching staffs as defined in section 13 of P.L.1986, c.42 (C.18A:64-21.2) as shall be required and fix their compensation and terms of employment in accordance with salary ranges and policies which shall prescribe qualifications for various classifications and shall limit the percentage of the educational staff that may be in any given classification;

     i.      Upon nomination by the president, appoint, remove, promote and transfer such other officers, agents or employees as may be required for carrying out the purposes of the college and assign their duties, determine their salaries and prescribe qualifications for all positions, all in accordance with the provisions of Title 11, Civil Service, of the Revised Statutes;

     j.     Grant diplomas, certificates and degrees;

     k.    Pursuant to the provisions of the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.) enter into contracts and agreements for the purchase of lands, buildings, equipment, materials, supplies and services; enter into contracts and agreements with the State or any of its political subdivisions or with the United States, or with any public body, department or other agency of the State or the United States or with any individual, firm, or corporation, which are deemed necessary or advisable by the board for carrying out the purposes of the college;

     l.      If necessary, take and condemn land and other property in the manner provided by the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), whenever authorized by law to purchase land or other property;

     m.    Adopt, after consultation with the president and faculty, bylaws and make and promulgate such rules, regulations and orders, not inconsistent with the provisions of this article, that are necessary and proper for the administration and operation of the college and the carrying out of its purposes;

     n.     Establish fees for room and board sufficient for the operation, maintenance, and rental of student housing and food service facilities;

     o.    Fix and determine tuition rates and other fees to be paid by students;

     p.    Accept from any government or governmental department, agency or other public or private body or from any other source grants or contributions of money or property, which the board may use for or in aid of any of its purposes;

     q.    Acquire by gift, purchase, condemnation or otherwise, own, lease, dispose of, use and operate property, whether real, personal or mixed, or any interest therein, which is necessary or desirable for college purposes;

     r.     Employ architects to plan buildings; secure bids for the construction of buildings and for the equipment thereof; make contracts for the construction of buildings and for equipment; and supervise the construction of buildings;

     s.     Manage and maintain, and provide for the payment of all charges and expenses in respect to all properties utilized by the college;

     t.     Borrow money for the needs of the college, as deemed requisite by the board, in such amounts, and for such time and upon such terms as may be determined by the board, provided that this borrowing shall not be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit, or be payable out of property or funds, other than moneys appropriated for that purpose, of the State;

     u.     Authorize any new program, educational department or school consistent with the institution's programmatic mission or approved by the commission;

     v.     (Deleted by amendment, P.L.1994, c.48);

     w.    Pursuant to the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.), award contracts and agreements for the purchase of goods and services, as distinct from contracts or agreements for the construction of buildings and other improvements, to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the State college, price and other factors considered; [and]

     x.     Pursuant to the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.), award contracts and agreements for the construction of buildings and other improvements to the lowest responsible bidder, whose bid, conforming to the invitation for bids, will be the most advantageous to the State college; and

     y.     Function as a public employer under the “New Jersey Employer-Employee Relations Act,” P.L.1941, c.100 (C.34:13A-1 et seq.), and conduct all labor negotiations, and with the participation of the Governor’s Office of Employee Relations act as the chief spokesperson with respect to all matters under negotiation.

(cf: P.L.2005, c.369, s.1)

 

     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 [twelve] ten 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; 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 [twelve] ten 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.2009, c.314, s.2)

 

     3.    Section 12 of P.L.1986, c.42 (C.18A:64-21.1) is repealed.

 

     4.  This act shall take effect immediately.

 

 

STATEMENT

 

     The bill provides that each of the nine State colleges and universities will function as a public employer under the “New Jersey Employer-Employee Relations Act,” and conduct all labor negotiations.  Under current law, section 12 of P.L.1986, c.42 (C.18A:64-21.1), it is the Governor who has this responsibility.  The University of Medicine and Dentistry of New Jersey, the New Jersey Institute of Technology, Rutgers, The State University, and the county colleges currently conduct all labor negotiations at their institutions.

     The bill eliminates reference to two Statewide collective negotiations units due to the fact that collective bargaining will be conducted at the local level.  This will ensure that an agreement entered into between an individual college or university and the local bargaining unit will reflect the unique needs and circumstances of the institution and its employees.