S2966

An Act concerning employees of public institutions of higher education and supplementing P.L.2021, c.282 (C.18A:64O-1 et al.).

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

1. a. As a condition of a merger between New Jersey City University and Kean University, and notwithstanding any provision of law to the contrary, a faculty member or professional staff member who is a member of a recognized collective bargaining unit at New Jersey City University shall not be subject to termination, layoff, nonrenewal, involuntary reassignment, reduction in hours, or any other form of separation, diminution of employment status, or adverse action, whether direct or indirect, as a result of the merger for a period of three years from the date of the merger.

b. During the three-year period following the merger, any position vacancy resulting from retirement, resignation, voluntary departure, or any other form of voluntary separation of an employee who transferred from New Jersey City University to Kean University due to the merger shall first be offered internally to other qualified employees who transferred from New Jersey City University to Kean University due to the merger before the position is advertised externally.

c. Each faculty and professional staff member who transferred from New Jersey City University to Kean University due to the merger shall be afforded two years to meet any new requirements for a position that is created or amended as a result of any restructuring of New Jersey City University programs during the three years following the start of the merger. During the two-year period, a faculty or staff member shall not be subject to involuntary reassignment or termination due to a failure to meet a newly established position requirement. This period may be extended by the governing board of Kean University if the employee can demonstrate good cause.

2. a. All existing collective bargaining agreements and any other negotiated terms and conditions of employment applicable to faculty and professional staff members of a recognized collective bargaining unit at New Jersey City University shall remain in full force and effect at Kean University for a three-year period beginning on the date of the merger. These agreements shall be considered non-negotiable during the three-year period, except where mutually agreed to in writing by the recognized collective bargaining unit and the board of trustees of Kean University.

b. Kean University shall honor all salary schedules, benefits, workloads, tenure and promotion pathways, grievance procedures, job security provisions, employment contracts, and any other provisions within the New Jersey City University bargaining agreements with a recognized collective bargaining unit during the three-year period beginning on the date of the merger. The board of trustees of Kean University and its administrators shall not adopt any policies, make administrative changes, or take any actions that undermine or negatively affect the terms or conditions of these collective bargaining agreements without the express written consent of the recognized collective bargaining unit.

3. a. A recognized collective bargaining unit of New Jersey City University shall retain the right to enforce all terms of this agreement through legal means, including seeking immediate injunctive relief, damages, and any other appropriate remedies.

b. Any violation of this act shall provide the recognized collective bargaining unit the right to seek immediate injunctive relief and binding arbitration to remedy any adverse employment action including, but not limited to, termination, layoff, involuntary reassignment, or unilateral modification of agreements. Employees adversely affected by the violations shall be entitled to full compensation for lost wages, benefits, and any other direct or indirect financial losses caused by the violation. Employees may seek punitive damages.

c. Any disputes related to the enforcement of this act shall be expedited, and the Public Employment Relations Commission shall prioritize the resolution of the dispute to ensure the rights of employees are protected in a timely manner.

4. All collective bargaining units and their respective majority representatives in existence in New Jersey City University prior to the merger with Kean University shall be maintained without change, unless they are otherwise altered through an appropriate petition to the Public Employment Relations Commission for a change in representation or bargaining units.

5. a. Any transfer of faculty or professional staff members from New Jersey City University to Kean University due to the merger shall ensure the transfer of seniority and accrued benefits including, but not limited to, tenure, retirement benefits, paid leave, healthcare benefits, accrued compensatory time, earned vacation, tuition waivers, and professional development allowances.

b. Kean University shall implement a clear, transparent, and proactive communication plan for all employees affected by the merger. This plan shall include detailed timelines, explicit assurances of the protection of employees' rights, clear instructions on how to navigate grievance procedures, and comprehensive access to advocacy assistance to ensure employees' interests are fully supported throughout the process.

6. This act shall take effect immediately.

STATEMENT

This bill establishes employee protections for the faculty and staff of New Jersey City University in the event of a merger with Kean University.

This bill provides that, as a condition of a merger between New Jersey City University and Kean University, no faculty member or professional staff member who is a member of a recognized collective bargaining unit at New Jersey City University is to be subject to termination, layoff, nonrenewal, involuntary reassignment, reduction in hours, or any other form of separation, diminution of employment status, or adverse action as a result of the merger for a period of three years from the date of the merger. The bill further provides that, during the three-year period following the merger, any position vacancy resulting from retirement, resignation, voluntary departure, or any other form of voluntary separation of an employee who transferred from New Jersey City University to Kean University due to the merger is to first be offered internally to other qualified employees who transferred from New Jersey City University to Kean University due to the merger before the position is advertised externally.

Under the bill, each faculty and professional staff member who transferred from New Jersey City University to Kean University due to the merger is to be afforded two years to meet any new requirements for a position that is created or amended as a result of any restructuring of New Jersey City University programs during the three years following the start of the merger.

The bill provides that all existing collective bargaining agreements and any other negotiated terms and conditions of employment applicable to faculty and professional staff members of a recognized collective bargaining unit at New Jersey City University are to remain in full force and effect at Kean University for a three-year period beginning on the date of the merger. Under the bill, Kean University is to honor all salary schedules, benefits, workloads, tenure and promotion pathways, grievance procedures, job security provisions, employment contracts, and any other provisions within the New Jersey City University bargaining agreements with a recognized collective bargaining unit during the three-year period beginning on the date of the merger. The bill prohibits the board of trustees of Kean University and its administrators from adopting any policies, making administrative changes, or taking any actions that undermine or negatively affect the terms or conditions of these collective bargaining agreements without the express written consent of the recognized collective bargaining unit.

The bill provides that a recognized collective bargaining unit of New Jersey City University retains the right to enforce all terms of this agreement through legal means. The bill provides that any violation of the bill’s provisions are to provide a recognized collective bargaining unit the right to seek immediate injunctive relief and binding arbitration to remedy any adverse employment action. The bill also provides that any disputes related to the enforcement of this act are to be expedited, and the Public Employment Relations Commission (PERC) is to prioritize the resolution of the dispute to ensure the rights of employees are protected in a timely manner.

Under the bill, all collective bargaining units and their respective majority representatives in existence in New Jersey City University prior to the merger with Kean University are to be maintained without change, unless they are otherwise altered through an appropriate petition to the PERC for a change in representation or bargaining units. Any transfer of faculty or professional staff members from New Jersey City University to Kean University due to the merger is to ensure the transfer of seniority and accrued benefits.

The bill directs Kean University to implement a clear, transparent, and proactive communication plan for all employees affected by the merger.