• (A 4142—disciplinary procedures) Assemblyman Joseph Cryan (908) 624-0880; asmcryan@njleg.org For details, for details, click here on

ASSEMBLY, No. 1489/Burzichelli (Identical to S1135) (856) 251-9801

STATEMENT [SYNOPSIS]

     This bill prohibits a board of education from charging a student, or the student’s parent or legal guardian, a fee to participate in extracurricular activities. The bill, however, allows a board to charge a fee for the reimbursement of costs associated with equipment and supplies necessary to participate in the extracurricular activity if the board provides the parent or guardian with documentation of those costs. However, a board that charges such a fee may not exclude from participation in extracurricular activities any student whose parent or guardian is unable to pay the fee because of financial hardship. In determining financial hardship under the bill the criteria would be the same as the Statewide eligibility standards for free and reduced price meals under the State school lunch program.

What this means to you: Given current budget constraints, this law almost certainly would mean a curtailing of student activities and athletics programs, as the activities fee helps defray the costs of those activities.  [N.B.: The overwhelming - if not all - districts that have implemented fees for extracurricular acdtivities already waive the fee for students with financial hardships.  Students are not denied participation in any activity because he or she cannot pay the fee.]

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ASSEMBY BILL A4140/Cryan (908) 624-0880

STATEMENT [SYNOPSIS]

    This bill supplements the "New Jersey Employer-Employee Relations Act" to prohibit an employer from entering into a subcontracting agreement which may affect the employment of any employees in a collective bargaining unit during the term of a collective bargaining agreement covering those employees.  [N.B.: The bill includes local or regional school districts among its definition of "employers".]  The employer is permitted to enter into a subcontracting agreement for a period following the term of a current collective bargaining agreement only if the employer :  

Provides written notice both to the majority representative of employees [NB: in the case of GR, this is the GREA] and the Public Employment Relations Commission at least 90 prior to any effort by the employer to seek the subcontracting agreement; and

Offers the majority representative [GREA] the opportunity to meet and discuss the decision to subcontract and negotiate over its impact. 

            The bill also requires the disclosure of various information regarding the subcontractor including proof of required insurance, a cost projection of at least three years, and criminal and                                             disciplinary records and other information about subcontractor employees. 

            The bill makes all actions of an employer regarding subcontracting, except for those expressly required or prohibited by the bill, mandatory subjects of negotiations.

           Each employee replaced or displaced because of a subcontracting agreement is deemed by the bill to be on a leave of absence during the p period of the subcontracting and therefore retains all                                previous acquired seniority and has recall rights when the subcontracting terminates.

            The bill provides that an employer who violates its provisions has committed an unfair practice, and may be subject to unfair practice charge with the Public Employment Relations                                                     Commission, under which the employee may be entitled to remedies including reinstatement, back pay, back benefits, back emoluments, tenure and seniority credit, and attorney's fees.

What this means to you:  If a district wanted to subcontract any services (to save money, for example), it would have to wait until the end of the union contract to do so.  The district would also have to notify the union and PERC (a state labor relations/arbitration agency) and, essentially negotiate with the union before we could enter into a subcontracting agreement.   This greatly restricts the Board's ability to consider subcontracting as a cost-saving option for the district. 

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ASSEMBLY BILL A414o/Oliver (973) 395 1166

STATEMENT [SYNOPSIS]

                This bill provides that the terms of a collectively negotiated agreement shall supersede the terms of any individual contract between any public employer and any individual public employee whose position is within the bargaining unit covered by the collective agreement.  In addition to this provision, which applies to individual contracts of both educational and non-educational public employers and employees, the bill, with respect to only the educational sector:

                1.            Makes binding arbitration the terminal step for the review of any imposition of discipline under collective bargaining agreements, extending that requirement to major, as well                                                             as minor discipline, and extends the scope of collective bargaining to cover procedures for major, as well as minor, discipline.

                2.            Provides that fines and suspensions for any discipline, major as well as minor, levied under a contract or an arbitrator’s award do not constitute a reduction in compensation for pension                                             purposes;

                3.            Extends binding arbitration and contractual grievance procedures to cover disputes over the withholding of increments for any reason, instead of just for predominately disciplinary reasons;

                4.            Provides an arbitrator, in cases of discharge, termination or contract non-renewal, with the authority to order remedies which include reinstatement with back pay and benefits; and

                5.            Amends the definition of "employer" to include county colleges, county vocational school districts, and charter schools.

What this means to you: This greatly limits a district's ability to take disciplinary action against union members, including the ability to undertake the already difficult and time-consuming process of terminating teachers who, after a lengthy process of observation and counseling, do not perform up to the standards and expectations of the district.  Allows a state arbitrator to reinstate a teacher terminated by the Board.