ASSEMBLY, No. 3419
STATE OF NEW JERSEY
INTRODUCED MARCH 6, 2003
Assemblyman JOSEPH V. DORIA, JR.
District 31 (Hudson)
Assemblywoman ARLINE M. FRISCIA
District 19 (Middlesex)
Assemblywoman Perez-Cinciarelli, Assemblymen Wolfe, Conners, Conaway, Assemblywoman Greenstein, Assemblymen Guear, Chivukula, Fisher, Impreveduto, Diegnan, Egan, Burzichelli, Van Drew, Steele, Fraguela, Azzolina, Geist, R.Smith, Barnes, Assemblywoman Weinberg, Senators Codey, Singer and Turner
Provides collective negotiation procedures for school employee contracts, prohibits imposition of such contracts.
CURRENT VERSION OF TEXT
As amended by the General Assembly on June 12, 2003.
(Sponsorship Updated As Of: 6/24/2003)
An Act concerning collective negotiations for school employees and supplementing P.L.1941, c.100 (C.34:13A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "School Employees Contract Resolution and Equity Act."
2. For the purposes of this act:
"Employer" or "public employer" means any local or regional school district, charter school and its board of trustees, vocational school district, educational services commission, jointure commission, county special services school district, community college, county college, or board or commission under the authority of the Commissioner of Education, the State Board of Education, or the New Jersey Commission on Higher Education.
"Majority representative" means the majority representative of the employees in a collective bargaining unit which is recognized or certified as the majority representative as the result of recognition or certification procedures under the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C34:13A-1 et seq.), or is voluntarily recognized by the employer.
"Commission" means the New Jersey Public Employment Relations Commission.
3. Notwithstanding the expiration of a collective negotiations agreement, an impasse in negotiations, an exhaustion of the commission's impasse procedures, or the utilization or completion of the procedures required by this act, and notwithstanding any law or regulation to the contrary, 1[public employers, their representatives, and their agents] no public employer, its representatives, or its agents1 shall 1[not]1 unilaterally impose, modify, amend, delete or alter any terms and conditions of employment 1as set forth in the expired or expiring collective negotiations agreement, or unilaterally impose, modify, amend, delete, or alter any other negotiable terms and conditions of employment,1 without specific agreement of the majority representative.
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.
5. The super conciliator shall promptly schedule investigatory proceedings. The purpose of the proceedings shall be to:
a. Investigate and acquire all relevant information regarding the dispute between the parties;
b. Discuss with the parties their differences, and utilize means and mechanisms, including but not limited to requiring 24-hour per day negotiations, until a voluntary settlement is reached, and provide recommendations to resolve the parties' differences;
c. Modify or amend the fact finder's report for reconsideration by the parties in a further effort to achieve a voluntary settlement by the parties; and
d. Institute any other non-binding procedures deemed appropriate by the super conciliator.
6. If the actions taken by the super conciliator fail to resolve the dispute, the super conciliator shall issue a final report, which shall be provided to the parties promptly and made available to the public within 10 days thereafter.
7. The mediator, fact finder, or super conciliator, while functioning in a mediatory capacity, shall not be required to disclose any files, records, reports, documents, or other papers classified as confidential which are received or prepared by him or to testify with regard to mediation conducted by him under this act. Nothing contained herein shall exempt an individual from disclosing information relating to the commission of a crime.
8. Five years after the effective date of this act, the commission shall submit a report to the Governor and to the Legislature on the effects of this act on the negotiations and settlement between school employees and their employers with any recommendations it may have for any changes in the law.
9. The commission, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) shall promulgate rules and regulations to effectuate the purposes of this act.
10. This act shall take effect immediately.