contract

ARTICLE	TITLE
	Preamble
1	Recognition
2	Management Rights
3	Merit System Laws, Rules and Regulations
4	Non-Discrimination
5	Policy Agreements
6	Dues Deduction, Representation Fee and Union Political Action Committee
7	Grievance Procedure
8	Discipline
9	Seniority
10	Hours of Work
11	Compensatory Time Balances
12	Overtime
13	Equalization of Emergency Overtime for Snow and Ice Control
14	Emergency Work (New Program)
15	Salary, Special payment and Fringe Benefit Program
16	Access to Personnel File
17	Personnel Practices
18	Vacation Leave-Career Service
19	Administrative Leave-Career Service
20	Vacation Leave and Administrative Leave for Unclassified Employees
21	Holidays
22	Special Time Off
23	Retirement Benefits
24	Health Benefits Program, Prescription Drug Program, Dental Care Program and Eye Care Program
25	Claims Adjustment
26	Safety
27	Leaves of Absence Without Pay
26	Military Leave
29	Leaves of Absence Due to Job-Related Injury of Disease
30	Pregnancy-Disability Leave and Child Care Leave
31	Special Leave
32	Sick Leave
33	Union Rights and Representation
34	Promotion
35	Job Posting and Announcements-Career Service
36	Job Vacancy Announcements for Unclassifified Employees
37	Merit System Examinations
38	Layoff and Recall-Career Service
39	Layoff and Recall for Unclassified Employees
40	Out-of-Title Work
41	Performance Assessment Review
42	Tuition Aid Program
43	Subcontracting of Work
44	Presentation of Contract to Employees
45	Effect of Law
46	Administration of Contract Meetings
47	Maintenance of Benefits, Effects of Contract and Complete Contract
48	Preservation of Rights
49	Notices
50	Liability Claims Indemnification
51	Term of Contract, Reopening, Successor Contract and Negotiation Procedures

This Contract is made between the State of New Jersey and Local No. 195, the International Federation of Professional and Technical Engineers, AFL-CIO, covering all employees in the Operations, Maintenance and Services and Crafts Unit; and Local No. 195, the International Federation of Professional and Technical Engineers, AFL-CIO, and Local No. 518, New Jersey State Motor Vehicle Employees Union, SEIU, AFL-CIO, covering all employees in the Inspection and Security Unit. This Contract has as its purpose the promotion of harmonious employee relations between the State and its employees represented by the Union; the establishment of equitable and peaceful procedures for the amicable resolution of all disputes and grievances; and the determination of the wages, hours of work and other terms and conditions of employment. Further, the State and the Union agree that the working environment should be characterized by mutual respect for the common dignity to which all individuals are entitled.

Now, therefore, in consideration of the mutual promises of this Contract the parties agree as follows:

RECOGNITION 1

A. 1. The State of New Jersey, by the Office of Employee Relations in the Governor's Office (hereinafter referred to as the "State"), hereby recognizes Local No. 195, the International Federation of Professional and Technical Engineers, AFL-CIO, as the sole collective negotiating agent with respect to wages, hours of work and other terms and conditions of employment for all its employees in the state-wide Operations, Maintenance and Services and Crafts Unit.

2. The State hereby recognizes Local No. 195, the International Federation of Professional and Technical Engineers, AFL-CIO, and Local No. 518, New Jersey State Motor Vehicle Employees Union, SEIU, AFL-CIO, as the sole collective negotiating agent with respect to wages, hours of work and other terms and conditions of employment for all its employees in the state-wide Inspection and Security Unit.

3. The State will not negotiate with nor grant rights solely afforded under the terms or provisions of this Contract to any other employee organization in connection with the employees in this unit as long as said Unions described above are the certified majority representative.

B. 1. Included in this unit are all full-time permanent (including probationary) provisional and unclassified employees of the State of New Jersey listed in Appendix III A, B and C and all permanent part-time employees who are regularly scheduled to work twenty (20) or more hours per week for forty (40) hour fixed work week titles and seventeen and one-

half (17.5) hours per week for thirty-five (35) hour fixed work week titles and who are included in the classifications listed in Appendix III A, B and C, and Intermittent employees whose titles are listed in Appendix III A, B and C, and who meet the hourly requirements set forth in Letter of Agreement #5.

2. a. The State shall provide the Union with notice of all newly created classifications in State Service.

b. The State, after thirty (30) days, may make a final assignment of any new classification to a negotiating unit or decide that such classification is not included in any negotiating unit.

c. Within thirty (30) days of notification of a newly created classification, the Union shall notify the State in writing, if it contends that such new classification should be assigned to this negotiating unit. Where such written notification from the Union has been received, the State shall notify the Union as to what assignment, if any, has been made in connection

d. Disputes concerning the assignment of classifications may only be resolved through the processes of the Public Employment Relations Commission.

C. 1. Excluded from the Operations, Maintenance and Services and Crafts Unit are:

e. All other employees of the State of New Jersey not included within the state-wide Operations, Maintenance and Services and Crafts Unit

e. All other employees of the State of New Jersey not included within the state-wide Inspection and Security Unit

The inclusion of certain part-time employees within the negotiating unit and under this Contract shall not be construed to expand the coverage of any State program relating to terms and conditions of employment for which such part-time employees were not previously deemed to be eligible, or to include such part-time employees under the coverage of any provision of this Contract unless the substance of the provision describes a type of program for which such part-time employees were generally eligible prior to inclusion under the Contract. Where such part-time employees are

eligible for State programs or coverage under provisions of this Contract, appropriate pro-rations will be made in accordance with their part-time status.

Employees who are within the classifications included in this unit but appointed under the JTPA Program (if it is made applicable to State employees) or other comparably funded employment program are considered to be subject to all provisions of this Contract as provisional employees except that the federal legislation and regulations concerning this

program and any agreement between the State and any local government prime sponsor which is involved shall be in effect and modify the provisions of this Contract which would otherwise be operable.

Any grievance as to whether or not the provisions of the Contract conflict with federal legislation or regulations or any agreement with a local government prime sponsor shall be considered to be governed under section

A.2. of Article 7, Grievance Procedure, or if relating to any item as set forth in Article 7, Grievance Procedure, C.l, then directly to the Department of Personnel.

The designation “intermittent” shall be used for those career service titles where work responsibilities are characterized by unpredictable work schedules and which do not meet the normal criteria for regular, year round, full-time or part-time assignments. The intent of this language shall not be abused. Upon request, the Union and State shall meet to discuss and rectify any suspected abuses of this provision.

During the first two (2) years of the contract, the State agrees to work jointly with Local 195 and Local 518 to develop a system with the help from the Office of Management and Budget and the Department of Personnel to track the functions of part-time, intermittent, hourly, special services, per diem and Temporary Employee Services employees. The State

agrees to convert on an on-going basis those positions to permanent full-time positions where there is a demonstrated need for full-time positions and/or permanent part-time positions. Both parties agree to work in good

If the State determines that an employee in a position currently represented by the Union is performing confidentiality duties as defined by Section 3 of the New Jersey Employer-Employee Relations Act (EERA), the State will notify the Union and provide the Union with the basis upon which it maintains that the employee is a confidential. If the Union objects to the designation of an employee as confidential prior to the removal of the employee from the unit, OER and the Union will meet to review the basis for the confidential designation. If after such review the Union continues to object, the employee may be removed from the unit as a confidential. The Union may pursue its objection in an appropriate forum.

A. The State, its several Departments and subordinate functions retain and may exercise all rights, powers, duties, authority and responsibilities conferred upon and vested in them by the laws and constitutions of the State of New Jersey and of the United States of America.

B. Except as specifically abridged, limited or modified by the terms of this Contract between the State and the Union, all such rights, powers, authority, prerogatives of management and responsibility to promulgate and enforce reasonable rules and regulations governing the conduct and the activities of

employees are retained by the State. The State shall notify Local 195 and Local 518 of any proposed changes in employee Code of Ethics, employee guidelines or any rules governing employee conduct prior to implementation and the Unions shall have the opportunity to discuss proposed changes with the State.

A. The administrative and procedural provisions and controls of Merit System Laws and Rules and Regulations established by law (for example, those of the Merit System Board) are to be observed in the administration of this Contract except to the extent that this Contract pertains to subjects not

B. Where the terms of this Contract specifically indicate an understanding contrary to, or in conflict with any such provisions and controls, the parties agree that the provisions and controls contained in such Laws shall govern. Only where provided by law, rules and regulations enacted pursuant to statutory authority shall govern where there is a conflict.

A. The State and the Union agree there shall not be any discrimination as to race, creed, color, national origin, nationality, ancestry, age, sex, familial status, marital status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability, including perceived disability and AIDS and HIV status or political affiliation.

B. The State agrees not to interfere with the rights of employees to become members of the Union. There shall be no discrimination by the State or any of its representatives against any employee because of Union membership or because of any employee activity permissible under law or this Contract in an official capacity on behalf of the Union, or for any other cause.

C. The Union recognizes its responsibility as exclusive negotiations agent and agrees to represent all employees in the negotiating unit without discrimination or interference.

D. All references in this Contract to employees of the male gender are used for convenience only and shall be construed to include both male and female employees

A. l. During the term of this Contract the Union agrees not to engage in or support any strike, work stoppage, slowdown, or other job action by employees covered by this Contract but shall not be liable for unauthorized action of employees covered by this Contract.

2. Should an unauthorized strike, work stoppage, slowdown, or other job action by employees covered by this Contract take place, the Union will take public action to bring about an immediate cessation of such actions.

B. No lockout of employees shall be instituted or supported by the State during the term of this Contract.

C. These agreements are not intended to limit the freedom of speech of the Union or its members.

1. The State agrees to deduct from the regular paycheck of any employee in the Operations, Maintenance and Services and Crafts Unit, the dues of Local No. l95, International Federation of Professional and Technical Engineers, AFL-CIO, and from the pay of any employee in the Inspection and Security Unit the dues of Local No. l95, International Federation of Professional and Technical Engineers, AFL-CIO, or Local No. 5l8, New Jersey State Motor Vehicle Employees Union, SEIU, AFL-CIO, provided the employee submits an authorization for dues deduction in writing and in proper form to the responsible payroll clerk. On receipt of the form, the payroll clerk shall forward it within two (2) working days to the centralized payroll section, Department of the Treasury. Dues deduction will be reflected in the paycheck for the current pay period, provided the form is received in centralized payroll at least seven (7) calendar days prior to the end of the pay period otherwise to be reflected in the next pay period. If violations of these time frames are brought to the attention of the State, the State will review the matter and make best efforts to resolve the problem within two pay periods.

2. Dues so deducted by the State shall be transmitted to Local No. l95, International Federation of Professional and Technical Engineers, AFL-CIO or Local No. 5l8, New Jersey State Motor Vehicle Employees Union, SEIU, AFL-CIO, as may be appropriate.

3. The Union shall certify to the State the amount of Union dues and shall notify the State of any change in dues structure thirty (30) days in advance of the requested date of such change. The change shall be reflected in payroll deduction at the earliest time after receipt of the request.

4. Where an employee's dues deduction is discontinued, the Union shall be provided with the State's reason for the discontinuance on a quarterly basis. Unless an employee withdraws authorization for the deduction of Union dues, the State will continue to deduct dues. The movement of an employee from one title to another title and/or from one unit to another unit will not affect dues deduction, unless the new title or unit is not represented by the Union. It is understood that a transfer from IFPTE to SEIU or from SEIU to IFPTE is not considered a transfer from one unit to another.

5. Dues deductions for any employee in this negotiating unit shall be limited to the exclusive majority representative. Employees shall be eligible to withdraw such authorization only as of July l of each year provided the notice of withdrawal is filed timely between May 20 and June 20 with the responsible payroll clerk.

6. The State will provide the Union with the following information on computer tape or disk provided by the Union: (1) employee’s name, (2) address, (3) social security number, until such time as the State shall institute an employee identification number system which shall be used in place of the social security number for such purposes, (4) check distribution number, (5) payroll number, (6) dues or agency shop fee amount, (7) negotiations unit, (8) sex, (9) title, (10) anniversary date, (11) range and salary step, (12) pay period [and] (13) location code and current key. Employee paychecks will separately identify Union dues and representation fees.

a. Subject to the conditions set forth in section 1.b. below, all eligible nonmember employees in this unit will be required to pay to the majority representative a representation fee in lieu of dues for services rendered by the majority representative until June 30, 2011. Nothing herein shall be deemed to require any employee to become a member of the majority representative.

b. It is understood that the continuation of the agency fee program is predicated on the demonstration by the Union that more than 50% of the eligible employees in the negotiating unit are dues paying members of the Union.

c. If at the signing of this Contract the above percentage has not been achieved, the agency fee plan will be continued through pay period 26 of the calendar year, after which it shall be discontinued unless the minimum has been achieved prior to that occurrence. Thereafter, if the minimum percentage is exceeded on any quarterly date0, i.e., January l, April l, July l or October l, the agency fee plan shall be reinstated, with proper notice to affected employees.

d. In each year of the Contract on July l, an assessment shall be made to determine if the minimum percentage has been exceeded. If it has, the agency fee shall continue until the following annual assessment. If it has not, the agency fee will be discontinued and eligibility for reinstatement shall be on a quarterly basis as provided above.

a. Prior to the beginning of each contract year, the Union will notify the State in writing of the amount of regular membership dues, initiation fees and assessments charged by the Union to its own members for that contract year, and the amount of the representation fee for that contract year. Any changes in the representation fee structure during the contract year shall be in accordance with paragraph A. above.

b. The representation fee in lieu of dues shall be in an amount equivalent to the regular membership dues, initiation fees and assessments charged by the majority representative to its own members less the cost of benefits financed through the dues, fees and assessments and available to or

benefiting only its members, but in no event shall such fee exceed 85% of the regular membership dues, fees and assessments.

a. After verification by the State that employees must pay the representation fee, the State will deduct the fee for all eligible employees in accordance with this Article.

b. The mechanics of the deduction of representation fees and the transmission of such fees to the Union will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the Union.

c. The State shall deduct the representation fee as soon as possible after the tenth day following reentry into this unit for employees who previously served in a position identified as excluded or confidential, for individuals reemployed in this unit from a reemployment list, for employees

returning from leave without pay, and for previous employee members who become eligible for the representation fee because of non-member status.

d. The State shall deduct the representation fee from a new employee as soon as possible after thirty (30) days from the beginning date of employment in a position in this unit.

The representation fee in lieu of dues only shall be available to the Union if the procedures hereafter are maintained by the Union.

The Union shall return any part of the representation fee paid by the employee which represents the employee's additional pro rata share of expenditures by the Union that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the terms and conditions of employment, or applied toward the cost of any other benefits available only to members of the majority representative.

The employee shall be entitled to a review of the amount of the representation fee by requesting the Union to substantiate the amount charged for the representation fee. This review shall be accorded in

conformance with the internal steps and procedures established by the Union. The Union shall submit a copy of the Union review system to the Office of Employee Relations. The deduction of the representation fee shall be available only if the Union establishes and maintains this review system.

If the employee is dissatisfied with the Union's decision, he may appeal to a three-member board established by the Governor.

The Union hereby agrees that it will indemnify and hold the State harmless from any claims, actions or proceedings brought by any employee in the negotiations unit which arises from the State's agreement to make deductions in accordance with this provision. The State shall not be liable to the Union or employee for any retroactive or past due representation fee for an employee who was identified by the State as excluded or confidential or in good faith was mistakenly or inadvertently omitted from deduction of the representation fee.

Provisions in this clause are further conditioned upon all other requirements set by statute.

Pursuant to legislation, the State shall upon presentation of a proper and duly authorized form, deduct from the salary of each employee in the negotiations unit a sum specified by the Union and not to exceed the limits prescribed by law, for the purpose of contributing to an appropriate Union

This provision applies to present and future members and non-member employees in the negotiations units.

The fee deduction referred to above shall be forwarded to the Union promptly and in accordance with the provisions of applicable law.

l. A claimed breach, misinterpretation or improper application of the terms of this Contract (contractual grievance); or

2. A claimed violation, misinterpretation, or misapplication of rules or regulations, existing policies, agreements, administrative decisions, or laws, applicable to the agency or department which employs the grievant which

establish terms and conditions of employment (non-contractual grievance). For purposes of this Contract, terms and conditions of employment shall be those matters which intimately and directly affect the work and welfare of the employees covered hereunder and on which the negotiated agreement will not significantly interfere with the exercise of inherent managerial prerogatives pertaining to the determination of governmental policy.

l. The purpose of this procedure is to provide the exclusive vehicle for prompt and equitable solutions and settlements of individual employee grievances and Union grievances arising from the administration of this Contract and/or other conditions of employment.

2. It is agreed that the individual employee is entitled to use this grievance procedure in conjunction with the Union in accordance with the provisions hereof.

3. No reprisal of any kind shall be taken against any participant in this grievance procedure by reason of proper participation in such procedure.

4. Nothing in this Contract shall be construed as compelling the Union to submit a grievance to arbitration or to represent an employee before the Department of Personnel. The Union's decision to request the movement of any grievance at any step or to terminate the grievance at any step shall be final as to the interests of the grievant and the Union.

l. It is understood by the parties that this grievance procedure represents the exclusive process for the resolution of disputed matters arising out of the Grievance Definition, sections A.l. and 2. above, except for those specific matters listed below:

a. The following matters may only be appealed directly to the Department of Personnel subsequent to proper notification to the responsible local management officials:

b. A claim of improper and unjust discipline against an employee shall be processed in accordance with Article 8, Discipline, of this Contract.

2. A claimed breach, misinterpretation or improper application of Article 3, Merit System Laws, Rules and Regulations of this Contract is grievable only as an A.2. grievance.

3. Reference by name, title or otherwise in the Contract to laws, rules, regulations, formal policies or orders of the State shall not be construed as bringing any allegation concerning the breach interpretation or application of such matters within the scope of arbitrability as set forth in the Contract.

l. Any member of the collective negotiating unit may orally present and discuss his complaint with his immediate supervisor on an informal basis prior to filing a formal grievance at Step One.

2. In the event that the grievance has not been satisfactorily resolved on an informal basis then the grievance may be reduced to writing on a grievance form to be provided for such purpose. The grievance form shall contain a general description of the relevant facts from which the grievance derives and references to the sections of the Contract, and/or policies, which the grievant claims to have been violated.

3. All such grievances shall be given in writing to the designated representative of the party against whom it is made on "grievance forms" to be provided by the State. If forms are not made reasonably available to employees, a grievance may be filed in writing without a form provided that such grievance adequately sets forth the nature of the grievance and

describes the policies and/or articles of the Contract that are alleged to have been violated. Such forms shall make adequate provision for the representative of each of the parties hereto to maintain a written record of all action taken in handling and disposing of the grievance at each step of the Grievance Procedure.

4. When a grievance is initiated, the original forms shall be forwarded to the Personnel Officer of the appropriate operating agency and to the appropriate Union office: Local 195 at Union Headquarters, 186 North Main Street, Milltown, NJ 08850, or Local No. 5l8, New Jersey State Motor Vehicle Employees Union, SEIU, AFL-CIO to Nicholas

Minutillo, 92 Monroe Street, Garfield, NJ 07026; and the employee representative copy shall be forwarded to the appropriate Union representative. After the grievance is resolved, the copies shall be distributed as designated on the grievance form.

5. Where the subject of a grievance suggests it is appropriate, and where the parties mutually agree, such grievance may be initiated at or moved to any step of the procedure, prior to arbitration without hearing at a lower step.

6. Where a grievance directly concerns and is shared by more than one (l) grievant, such group grievance may properly be initiated at the first level of supervision common to the several grievants. The presentation of such group grievance will be by the appropriate Union representative and one (l) of the grievants, designated by the Union. Where the group contains more than ten (10) grievants and where because of the unique circumstances of the case more than one grievant is necessary the Union may be permitted to designate two (2) of the affected grievants for the presentation of the

grievance. A group grievance may only be initiated by the Union. Where individual grievances concerning the same matter are filed by several grievants, it shall be the option of the State to consolidate such grievances for hearing as a group grievance provided the time limitations expressed elsewhere herein are understood to remain unaffected and the Union shall be notified of this action.

l. A grievance must be filed initially within thirty (30) calendar days from the date on which the act which is the subject of the grievance occurred or thirty (30) calendar days from the date on which the grievant should reasonably have known of its occurrence. Other references to days in this process unless otherwise indicated are working days of the party to

2. Final decision after a scheduled hearing shall be rendered in writing to the grievant and to either Local No. 195 at Union Headquarters, 186 North Main Street, Milltown, NJ 08850, or Local No. 5l8, New Jersey State Motor Vehicle Employees Union, SEIU, AFL-CIO to Nicholas Minutillo, 92 Monroe Street, Garfield, NJ 07026, within the following time limits or within fifteen (l5) calendar days after the conclusion of the conference at Step One or hearing at Step Two, and twenty-five (25) calendar days after the conclusion of the hearing at Step Three, whichever is later.

a. At Step One, within ten (10) calendar days of the receipt of the grievance, a hearing shall be scheduled.

b. At Step Two, within fifteen (15) calendar days of the receipt of the appeal from the Step One decision, a hearing shall be scheduled.

c. At Step Three, within twenty-five (25) calendar days of the receipt of the appeal from the Step Two decision, a hearing shall be scheduled.

3. Should a grievance not be satisfactorily resolved, or should the employer not respond within the prescribed time periods, either after initial receipt of the grievance or after a hearing, the grievance may be appealed within ten (10) calendar days to the next step. The lack of response to a grievance by the State within prescribed time periods, unless time limits have been extended by mutual agreement, should be construed as a negative response. If there is no response in the prescribed time limits, the Union may either appeal the grievance to the next level or wait for the written

4. When a grievance appeal is to be filed, the State representative at the last hearing shall inform the grievant of the name and position of the next higher level of management to whom the appeal should be presented.

5. All of the time limits contained in this Article may be extended only by mutual agreement of the parties and shall be confirmed in writing, and the involved management representative will undertake such written confirmation.

6. If, at any step in the grievance procedure, the State's decision is not appealed within the appropriate prescribed time, such grievance will be considered closed and there shall be no further appeal or review.

7. No adjustment of any grievance shall impose retroactivity beyond the date on which the grievance was initiated or the thirty (30) calendar days provided in section E.l. above except that payroll errors shall be corrected to date of error.

F. Grievance Steps and Arbitration (Grievance Steps and Arbitration for Employees at State Colleges and Universities are set forth in G. below)

In the event the matter is not resolved informally, the grievant may submit his grievance in writing to the first level of supervision designated to consider the matter. If a worker files a formal grievance, the Union will be provided with a copy of the grievance within five (5) days from the date of filing. Management shall either decide to have the designated supervisor consider the grievance or directly forward the grievance to be processed in accordance with Step Two. In the event management decides to move the grievance to Step Two, management will notify the grievant in writing within eight (8) calendar days of the receipt of the grievance. If management decides to have its designated supervisor consider the matter with the grievant, the designated supervisor shall render a determination in writing and in keeping with the time limits set forth in paragraph E. above of this Article. The appropriate Union representative shall be an employee (see paragraph J. below).

If the grievant is not satisfied with the disposition of the grievance at Step One, he may appeal to the highest management representative or other designated individual. If a worker files a formal grievance, the Union will be provided with a copy of the grievance within five (5) days from the date of filing. The management representative or his designee shall conduct a hearing. The appeal shall be accompanied by the decisions at the preceding level and any written record that may have been made a part of the preceding hearing. In the event the grievance has been moved directly to Step Two pursuant to management's option set forth in Step One, then the time limits established under paragraph E. above for Step Two shall be applied from the date such grievance was received by the highest operational management representative. The employee shall be notified of such movement to Step Two. The appropriate Union representative shall be an employee (see paragraph J. below).

a. In the event that the grievance has not been satisfactorily resolved at Step Two, then an appeal to the Department or Agency Head or his designee may be made in writing. The appeal shall be accompanied by the decisions at the preceding levels and any written record that has been made a part of the proceedings. The Department or Agency Head, or his

designee, shall hear the grievance and shall thereafter issue a written decision to the grievant, a copy of which shall be sent by mail to either Local No. 195 at Union Headquarters, 186 North Main Street, Milltown, NJ 08850, or Local No. 5l8, New Jersey State Motor Vehicle Employees Union, SEIU, AFL-CIO to Nicholas Minutillo,92 Monroe Street, Garfield, NJ 07026. The Union Representative shall be an appropriate Union official who is not an employee of the State and/or

another appropriate Union Representative who is an employee (see paragraph K. below).

b. If the decision involves a non-contractual grievance as defined in A.2. above the decision of the Department Head or his designee shall be final, except as provided below.

a. In the event the grievance has not been satisfactorily resolved at Step Three and it is a non-contractual grievance as defined in A.2. above or an alleged violation of Article 4, Non-Discrimination, of the Contract, which is not legally arbitrable under the Contract, the Union may submit the grievance to the Governor's Office of Employee Relations within fourteen (14) calendar days of receipt of the decision at Step Three.

b. If an appeal is not made in a timely fashion the decision of the Department Head or designee shall be final.

c. The Governor's Office of Employee Relations shall schedule grievance meetings on a quarterly basis with the Union so that the Union may present its position on the grievances submitted to the Governor's Office of Employee Relations during that quarter for consideration. The parties may mutually agree to schedule additional meetings. The appropriate Union representatives shall be an appropriate non-employee representative and no more than two (2) other appropriate Union officers who shall be employees of the State but not employed by the same Department of State government. The Governor's Office of Employee Relations shall render a decision on each grievance within thirty (30) days of the grievance meeting.

d. The Union agrees that such grievances will be screened through its internal mechanisms prior to submission to the Governor's Office of Employee Relations under this procedure.

a. In the event that the grievance has not been satisfactorily resolved at Step Three and the grievance involves an alleged violation of the Contract as described in the definition of a grievance in A.l. above, then a request for arbitration may be brought only by the Union, through its President or one of the Business Agents or Attorney within twenty-two (22)

calendar days from the day the Union received the Step Three decision by mailing a written request for arbitration by certified or registered mail to the Director of the Governor's Office of Employee Relations. All communications concerning appeals and decisions at this step shall be made in writing. A request for arbitration shall contain the names of the Department or Agency and employee involved, copies of the original grievance, appeal documents and written decisions rendered at the lower steps of the grievance procedure. If mutually agreed a pre-arbitration conference may be scheduled for the purpose of attempting to settle the matter and to frame the issue or issues absent a settlement. Neither party will unreasonably deny the request of the other party for such a conference.

b. Within thirty (30) days of the execution of this Contract, the parties shall mutually agree upon a panel of three (3) arbitrators. Each member of the panel shall serve in turn as the sole arbitrator for a given case except that when circumstances appear to warrant and the parties mutually agree, the designated arbitrator shall hear any number of grievances which are appropriate at one sitting. If a member of the panel is unable to serve, the next member in sequence shall then serve. In the event that parties are unable to agree upon a panel of arbitrators within thirty (30) days,

arbitrators shall be selected, on a case-by-case basis, under the selection procedure of the Public Employment Relations Commission, until such time as the parties mutually agree upon a panel.

c. The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Contract or laws of the State, or any policy of the State or sub-division thereof or to determine any dispute involving the exercise of a management function which is within the authority of the State as set forth in Article 2, Management Rights, and shall confine his decision solely to the interpretation and application of this Contract. He shall confine himself to the precise issue submitted for arbitration and shall have no authority to determine any other issues not so submitted to him, nor

shall he submit observations or declaration of opinions which are not essential in reaching the determination. Unless designated as advisory pursuant to any other Article of this Contract, the decision or award of the arbitrator shall be final and binding consistent with applicable law and this Contract. In no event shall the same question or issue be the subject of arbitration more than once. The arbitrator may prescribe an appropriate back pay remedy when he finds a violation of this Contract, provided such remedy is permitted by law and is consistent with the terms of this Contract.

If the arbitrator renders a back pay award, then in accordance with State policy, appropriate benefits will be restored to the employee for the period of time covered by the back pay award. The arbitrator shall have no authority to prescribe a monetary award as a penalty for a violation of this Contract. The fees and expenses of the arbitrator shall be divided equally between the parties. Any other cost of this proceeding shall be borne by the party incurring the cost.

d. The arbitrator shall hold a hearing at a time and place convenient to the parties within thirty (30) days of his acceptance to act as arbitrator and shall issue his decision within thirty (30) days after the close of the hearing.

In the event the matter is not resolved informally, the grievant may submit his grievance in writing to the office or individual designated by the College/University to process the matter. Management shall schedule a grievance meeting unless the parties mutually agree to conduct a hearing. At the meeting one person shall act as spokesperson for the grievant and one person shall act as spokesperson for management. A reasonable number of resource people shall be allowed to attend the grievance meeting if mutually agreed to by the parties. A resource person is an individual in

the active employ of the State who possesses direct information important to the clarification of the matter. The appropriate Union representative is set forth in Article 7, K.1.c. When a meeting is conducted and no resolution

is reached, management shall put forth a statement stating the issue(s) grieved, the contract articles cited in the grievance, a summary of each parties presentation and a conclusion that no agreement between the parties has been reached and why such resolution has not been reached. Such written statement shall be rendered within the time frameworks outlined in Article 7, E.2.b. The statement issued at Step One shall be construed as management’s Step One decision.

a. In the event that the grievance has not been satisfactorily resolved at Step One, then an appeal to the President or his/her designee may be made in writing within time limits established in Article 7, E.3. The appeal shall be accompanied by the decisions at the preceding levels and any written record that has been made a part of the proceedings. The

President, or his/her designee, shall hear the grievance and shall thereafter issue a written decision to the grievant, a copy of which shall be sent by mail to the Union Headquarters, 186 North Main Street, Milltown, NJ 08850. The appropriate Union representative is set forth in Article 7, K.1.d. The time limits established under Article 7, E.2.c. shall apply.

b. If the decision involves a non-contractual grievance as defined in Article 7, A.2. the decision of the President or his/her designee shall be final, except as provided below.