Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Senator TROY SINGLETON
District 7 (Burlington)
Co-Sponsored by:
Senators Gill, Turner, Brown, Gopal, Addiego, Thompson and Madden
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.