COLLECTIVE BARGAINING MANUAL NEW JERSEY EDUCATION ASSOCIATION 180 WEST STATE STREET POST OFFICE BOX 1211 TRENTON, NJ 08607-1211 609 599 5461 NJEA.ORG Barbara Keshishian, President Wendell Steinhauer, Vice President Marie Blistan, Secretary-Treasurer Vincent Giordano, Executive Director Richard Gray, Assistant Executive Director/Research Director NJEA COLLECTIVE BARGAINING MANUAL Collective Bargaining Manual 1 Preface 2 A History of Public Sector Collective Bargaining in New Jersey 6 Is it Negotiable? 9 Landmark Decisions 15 Statutory Basis for School Employee Negotiations in New Jersey 18 Organizing and Planning 23 Selecting a Bargaining Team 25 Data for Negotiations 26 Collective Bargaining Best Practices 27 The Bargaining Process 33 Ratifying the Negotiated Agreement 37 Alternatives to Traditional Bargaining 43 Bargaining Glossary 44 Salary Compensation 46 Salary Guides 54 Salary Guide Profile 56 Salary Guide Negotiation Preparation 67 Salary Guide Construction 70 Salary Guide Length 73 Educational Support Professional Salary Topics 74 Special Topics in Salary Compensation 76 Bargaining Comprehensive Benefits 79 Costing Out Insurance Benefits 81 School Employees’ Health Benefits Plan (SEHBP) 82 Legal Framework for Negotiating Medical Benefits 86 Health Benefits Insurance Glossary 92 Civil Unions/Domestic Partnerships 93 Sick Leave Banks 94 Drug and Alcohol Testing 97 Distance Learning and Technology 98 Bargaining and professional development: Supporting new visions 103 Sample Agreement Table of Contents NJEA COLLECTIVE BARGAINING MANUAL Preface The New Jersey Education Association was 1. This is a resource guide. Its use and application founded on December 28, 1853, as the New Jersey are driven by local circumstances. You may find State Teachers Association. Today, NJEA is the largest that parts are relevant, while others may not be and the most effective school employee organization appropriate for your situation or may need to be in New Jersey. NJEA has more than 200,000 active modified to meet your specific needs. and retired professional and educational support 2. Negotiations are influenced by state law, admin- personnel members and nearly 900 local affiliates. istrative code, and regulations. These must be considered in the negotiations process. NJEA and its local associations have more than 3. Bargaining is an ongoing process. It does not begin 40 years of bargaining experience in school districts when you exchange negotiations packages, and across the state. This experience, coupled with it does not end at the ratification meeting. The extensive training opportunities, helps make NJEA bargaining process is affected by the total relation- local leaders skillful effective bargainers. ship that exists between the local association and As public sector collective bargaining continues board of education. How you and your local board to grow more complicated, so do the challenges at of education relate to each other and how the the bargaining table. This manual is designed to help local association relates to the community at-large local association bargaining teams achieve a fair and will directly impact on the activities at the bargain- equitable contract for their members. ing table. Whether you are bargaining your first contract, Remember, no manual contains all the answers, or are fine-tuning one that was bargained by previ- and no sample language meets the needs of every ous teams, we caution you to keep three important local. The NJEA Collective Bargaining Manual is only points in mind: one of the bargaining resources available to local association leaders. The most effective bargaining always begins with a phone call to your local NJEA UniServ office for assistance. Preface 1 NJEA COLLECTIVE BARGAINING MANUAL A History of Public Sector After a legal challenge to the imposition of such Collective Bargaining in sanctions, the New Jersey Supreme Court deter- New Jersey mined that: • any form of concerted activity for the purpose of New Jersey has been a leader in the establish- thwarting the workings of government is a viola- ment of rights for school employees throughout the tion of the common law; twentieth century. NJEA and its local affiliates have • strikes by public employees are not prohibited by been at the forefront in the fight for employee rights, the state constitution; school funding, and support for schools and school • the enacted PERC (Public Employment Rela- employees. tions Commission) statute did not permit strikes One of the first school employee strikes in the (Board of Ed., Union Beach v. NJEA, et al., 53 N.J. 29 nation occurred in New Jersey when Paterson teach- (1968)). ers withheld their services in 1946. This strike took Throughout this turbulent era, NJEA continued its place in the midst of a wave of private sector strikes. efforts to pass a bargaining law for school employ- As workers in the private sector made gains in ees. In 1965 Governor Richard Hughes vetoed a bill wages, benefits, and job security during the 1950s that would have allowed negotiations on behalf of and 1960s, school employees felt they were left be- school employees. hind. The social unrest of the 1960s spread to school In 1966 the Legislature, with the support of the employees, who took to the streets with their griev- Governor, established the Public and School Employ- ances. School strikes occurred in various locations ees Grievance Procedure Study Commission. That throughout the country. commission presented a report to the Legislature Since 1947 the New Jersey State Constitution, in in January 1968. In June, a collective bargaining bill Article I, Section 19, has recognized the right of per- based on that report was passed by both houses of sons in private employment to bargain collectively. It the Legislature, but vetoed by the governor. Then, at further recognized the right of public employees to a special session of the Legislature on September 13, organize, present to and make known to the State, or 1968, the New Jersey Employer-Employee Relations any of its political subdivisions or agencies, griev- Act became law, over the veto of Governor Hughes. ances and proposals through representatives of their The new Act created the Public Employment Re- own choosing. lations Commission (PERC) and recognized the right After a veto of the proposal for a bargaining law of employees to organize into exclusive bargaining for school employees in 1965, dissatisfaction with units represented by a majority representative. the lack of a sanctioned bargaining process reached The Act provided for a tripartite commission a boiling point. In 1966 teachers struck the schools of seven members to determine policy for the in both Newark and Woodbridge, and the union lead- agency. The seven members would include two ership of both locals was sent to jail. Some teacher management members, two labor members, and associations closed down schools with massive sick- three public members, one of whom would be the outs, such as in Camden in 1967. chairperson. The Commission assumed jurisdiction Another approach instituted during that time was over labor relations disputes concerning recognized the imposition of “professional sanctions” against or certified majority representatives of employees of specific school boards. A tool originated by the all public employers in the state. National Education Association, the imposition of The purpose of the Act was to fulfill the public “sanctions” meant that a local association would policy of the state by preventing or promptly settling notify every state and local association affiliated with labor disputes. The Commission was not to inter- NEA to inform them that the local employer was vene in the absence of a dispute. It was to resolve “unfit to work under.” In addition, current employees disputes on representation issues and disputes over would seek to terminate their employment in the those topics which were mandatorily negotiable. district, and the local association would discourage The Commission was to involve itself in negotiations applicants for new positions. A History of Public Sector Collective Bargaining in New Jersey 2 NJEA COLLECTIVE BARGAINING MANUAL disputes as the source for mediators and fact finders By 1975, almost 1000 local associations had been to aid parties in the bargaining process. It established recognized and were negotiating contracts. a panel of arbitrators available for use by manage- In the first test of the new PERC law, the New ment and labor to resolve grievances. Since it was Jersey Supreme Court upheld the constitutionality of modeled after the private sector National Labor collective negotiations and the principle of exclusive Relations Act, the Commission structured itself to representation rights of a majority representative. process unfair practice charges. The court also drew a distinction between the The leadership of NJEA had encouraged local af- concepts of “collective bargaining” in the private sec- filiates to negotiate comprehensive agreements even tor and “collective negotiations” in the public sector. if S-746 did not become law. Some local associations By its use of the latter phrase, the Court established had already negotiated contracts with their boards of that the Legislature had intended to recognize inher- education. The Newark Teachers Association (1965), ent limitations on the bargaining authority of public the Willingboro Education Association (1966), and employers and employees. the Black Horse Pike Education Association (1967) During