ASSEMBLY, No. 3696

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED JANUARY 17, 2013

 


 

Sponsored by:

Assemblywoman  GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

Assemblywoman  CONNIE WAGNER

District 38 (Bergen and Passaic)

Assemblywoman  ANGELICA M. JIMENEZ

District 32 (Bergen and Hudson)

Assemblyman  THOMAS P. GIBLIN

District 34 (Essex and Passaic)

 

Co-Sponsored by:

Assemblymen Mainor, Caputo, C.A.Brown, Diegnan, Eustace, Assemblywoman Quijano and Assemblyman Coughlin

 

 

 

 

SYNOPSIS

     Concerns arbitration for certain non-teaching school staff.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning arbitration for certain non-teaching school staff and amending P.L.1989, c.269.

 

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

 

     1.    Section 8 of P.L.1989, c.269 (C.34:13A-29) is amended to read as follows:

     8.    a.  The grievance procedures that employers covered by this act are required to negotiate pursuant to section 7 of P.L.1968, c.303 (C.34:13A-5.3) shall be deemed to require binding arbitration as the terminal step with respect to disputes concerning imposition of reprimands and discipline as that term is defined in this act.

     b.    In any grievance procedure negotiated pursuant to this act, the burden of proof shall be on the employer covered by this act seeking to impose discipline as that term is defined in this act.

     c.     In addition to any rights provided pursuant to subsection a. of this section, an employee who is not a teaching staff member shall have the right to submit to binding arbitration any dispute regarding whether there is just cause for a disciplinary action, including, but not limited to, reprimands, withholding of increments, termination or non-renewal of an employment contract, expiration or lapse of an employment contract or term, or lack of continuation of employment, irrespective of the reason for the employer's action or failure to act, and irrespective of any contractual or negotiated provision or lack thereof.  In the arbitration, the burden of proof shall be on the employer.

     d.    Nothing in this section shall be regarded as affecting the right of any teaching staff member or majority representative to submit to binding arbitration any dispute involving or relating to a teaching staff member.

(cf:  P.L.1989, c.269, s.8)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides to non-teaching employees of local, county or regional school districts, boards or commissions the right to submit to binding arbitration any dispute regarding whether there is just cause for a disciplinary action, including, but not limited to, reprimands, withholding of increments, termination, non-renewal, expiration or lapse of an employment contract or term, or lack of continuation of employment, irrespective of the reason for the employer's action or failure to act, and irrespective of any contractual or negotiated provision or lack thereof.  The bill places the burden of proof in the arbitration on the employer.