Common use of RECOGNITION OF RIGHTS AND DEFINITIONS Clause in Contracts

RECOGNITION OF RIGHTS AND DEFINITIONS. A. Recognition of Union and Units 1. The State by the Office of Employee Relations in the Governor's Office hereby recognizes the Union as the exclusive representative for collective negotiations for wages, hours of work and other terms and conditions of employment for all its employees in the statewide Professional, Administrative and Clerical Services, Primary Level Supervisors and Higher Level Supervisors Units. The State will not negotiate with nor grant rights afforded under terms or provisions of this Agreement to any other employee organization in connection with the employees in these units. a. Included in each of the foregoing units are all full-time permanent, career service, unclassified and provisional employees and all permanent full-time ten (10) month employees (career service, unclassified and provisionals) and permanent part-time employees (career service, unclassified and provisionals) who are employed an average of four (4) hours per week over a period of 90 days and who are included in the classifications for each unit listed in Appendix 4 and Intermittent employees whose titles are listed in Appendix 4. In addition, included in CWA units are all employees who perform Administrative-Clerical, Professional, Primary Level Supervisors and Higher Level Supervisors unit work, but who are in a job title not listed in Appendix 4, and are not excluded pursuant to paragraph 3 below. b. Within thirty (30) days from the ratification of the Agreement, the State shall provide CWA with the following information: i. The names and job titles of all employees in employee relations groupings units V, W, X and Y. ii. The names and job titles of all CWA designated Temporary Employment Services (TES) employees and the number of hours per week TES employees worked from the last quarter of 2018. iii. To the extent possible, the names and job titles of all part-time employees performing CWA unit work, but who were excluded from CWA units because they did not meet the hours threshold in the predecessor collective negotiations agreement, and for those employees the number of hours per week they have worked from September 1, 2018 through the date the list is provided. iv. The State will make best efforts to identify those employees on the lists provided in sections b(i)-(iii) and create an Exclusion List which it will provide CWA within 60 days of ratification of this Agreement. The Exclusion List shall include the employee’s job title and the basis for inclusion on the List. Within thirty (30) days of CWA receiving the above information CWA and the State, or some other time as mutually agreed by the parties, shall meet to discuss and resolve issues/disputes with respect to the inclusion of employees in CWA units pursuant to sections 2(a) and (b) above. If CWA and the State cannot resolve disputes over the inclusion of employees in CWA’s units within one hundred and twenty (120) days from the ratification of this Agreement, the disputes may be submitted to PERC for resolution. c. CWA and the State shall negotiate over the terms and conditions of employment of employees added to CWA negotiations units pursuant to paragraphs 2(a) and (b) above. During such negotiations, the terms and conditions of the newly added employees shall remain in effect. Negotiations shall commence within ninety (90) days of the effective date of this Agreement. d. Whenever new classifications of employees are created, the State shall assign to such classification a unit designation, if appropriate. The State will notify the Union in writing of such designation to or elimination of title from any negotiations unit thirty (30) days prior to the effective date of amending such listing. If requested in writing, the State will discuss any such designation with the Union. In the event the parties cannot reach agreement following such discussions, the dispute may only be submitted to the Public Employment Relations Commission for resolution consistent with its rules and regulations. e. If the State determines that an employee in a position currently represented by the Union is performing confidential 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 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. 3. Excluded from the Professional Unit are: a. Managerial Executives b. Supervisors

RECOGNITION OF RIGHTS AND DEFINITIONS. A. Recognition of Union and Units 1. The State by the Office of Employee Relations in the Governor's Office hereby recognizes the Union as the exclusive representative for collective negotiations for wages, hours of work and other terms and conditions of employment for all its employees in the statewide Professional, Administrative and Clerical Services, Primary Level Supervisors and Higher Level Supervisors Units. The State will not negotiate with nor grant rights afforded under terms or provisions of this Agreement to any other employee organization in connection with the employees in these units. a. Included in each of the foregoing units are all full-time permanent, career service, unclassified and provisional employees and all permanent full-time ten (10) month employees (career service, unclassified and provisionals) and permanent part-time employees (career service, unclassified and provisionals) who are employed an average of four (4) hours per week over a period of 90 days and who are included in the classifications for each unit listed in Appendix 4 and Intermittent employees whose titles are listed in Appendix 4. In addition, included in CWA units are all employees who perform Administrative-Clerical, Professional, Primary Level Supervisors and Higher Level Supervisors unit work, but who are in a job title not listed in Appendix 4, and are not excluded pursuant to paragraph 3 below. b. Within thirty (30) days from the ratification of the Agreement, the State shall provide CWA with the following information: i. The names and job titles of all employees in employee relations groupings units V, W, X and Y. ii. The names and job titles of all CWA designated Temporary Employment Services (TES) employees and the number of hours per week TES employees worked from the last quarter of 2018. iii. To the extent possible, the names and job titles of all part-time employees performing CWA unit work, but who were excluded from CWA units because they did not meet the hours threshold in the predecessor collective negotiations agreement, and for those employees the number of hours per week they have worked from September 1, 2018 through the date the list is provided. iv. The State will make best efforts to identify those employees on the lists provided in sections b(i)-(iii) and create an Exclusion List which it will provide CWA within 60 days of ratification of this Agreement. The Exclusion List shall include the employee’s job title and the basis for inclusion on the List. Within thirty (30) days of CWA receiving the above information CWA and the State, or some other time as mutually agreed by the parties, shall meet to discuss and resolve issues/disputes with respect to the inclusion of employees in CWA units pursuant to sections 2(a) and (b) above. If CWA and the State cannot resolve disputes over the inclusion of employees in CWA’s units within one hundred and twenty (120) days from the ratification of this Agreement, the disputes may be submitted to PERC for resolution. c. CWA and the State shall negotiate over the terms and conditions of employment of employees added to CWA negotiations units pursuant to paragraphs 2(a) and (b) above. During such negotiations, the terms and conditions of the newly added employees shall remain in effect. Negotiations shall commence within ninety (90) days of the effective date of this Agreement. d. Whenever new classifications of employees are created, the State shall assign to such classification a unit designation, if appropriate. The State will notify the Union in writing of such designation to or elimination of title from any negotiations unit thirty (30) days prior to the effective date of amending such listing. If requested in writing, the State will discuss any such designation with the Union. In the event the parties cannot reach agreement following such discussions, the dispute may only be submitted to the Public Employment Relations Commission for resolution consistent with its rules and regulations. e. If the State determines that an employee in a position currently represented by the Union is performing confidential duties as defined by Section 3 of the New Jersey Employer- 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 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. 3. Excluded from the Professional Unit are: a. Managerial Executives b. Supervisors

RECOGNITION OF RIGHTS AND DEFINITIONS. A. Recognition of Union and Units 1. The State by the Office of Employee Relations in the Governor's Office hereby recognizes the Union as the exclusive representative for collective negotiations for wages, hours of work and other terms and conditions of employment for all its employees in the statewide Professional, Administrative and Clerical Services, Primary Level Supervisors and Higher Higher-Level Supervisors Units. The State will not negotiate with nor grant rights afforded under terms or provisions of this Agreement to any other employee organization in connection with the employees in these units. a. Included in each of the foregoing units are all full-time permanent, career service, unclassified and provisional employees and all permanent full-time ten (10) month employees (career service, unclassified and provisionals) and permanent part-time employees (career service, unclassified and provisionals) who are employed an average of four (4) hours per week over a period of 90 days and who are included in the classifications for each unit listed in Appendix 4 and Intermittent employees whose titles are listed in Appendix 4. In addition, included in CWA units are all employees who perform Administrative-Clerical, Professional, Primary Level Supervisors and Higher Level Supervisors unit work, but who are in a job title not listed in Appendix 4, and are not excluded pursuant to paragraph 3 below. b. Within thirty (30) days from the ratification of the Agreement, the State shall provide CWA with the following information: i. The names and job titles of all employees in employee relations groupings units V, W, X and Y. ii. The names and job titles of all CWA designated Temporary Employment Services (TES) employees and the number of hours per week TES employees worked from the last quarter of 2018. iii. To the extent possible, the names and job titles of all part-time employees performing CWA unit work, but who were excluded from CWA units because they did not meet the hours threshold in the predecessor collective negotiations agreement, and for those employees the number of hours per week they have worked from September 1, 2018 through the date the list is provided. iv. The State will make best efforts to identify those employees on the lists provided in sections b(i)-(iii) and create an Exclusion List which it will provide CWA within 60 days of ratification of this Agreement. The Exclusion List shall include the employee’s job title and the basis for inclusion on the List. Within thirty (30) days of CWA receiving the above information CWA and the State, or some other time as mutually agreed by the parties, shall meet to discuss and resolve issues/disputes with respect to the inclusion of employees in CWA units pursuant to sections 2(a) and (b) above. If CWA and the State cannot resolve disputes over the inclusion of employees in CWA’s units within one hundred and twenty (120) days from the ratification of this Agreement, the disputes may be submitted to PERC for resolution. c. CWA and the State shall negotiate over the terms and conditions of employment of employees added to CWA negotiations units pursuant to paragraphs 2(a) and (b) above. During such negotiations, the terms and conditions of the newly added employees shall remain in effect. Negotiations shall commence within ninety (90) days of the effective date of this Agreement. d. Whenever new classifications of employees are created, the State shall assign to such classification a unit designation, if appropriate. The State will notify the Union in writing of such designation to or elimination of title from any negotiations unit thirty (30) days prior to the effective date of amending such listing. If requested in writing, the State will discuss any such designation with the Union. In the event the parties cannot reach agreement following such discussions, the dispute may only be submitted to the Public Employment Relations Commission for resolution consistent with its rules and regulations. e. If the State determines that an employee in a position currently represented by the Union is performing confidential duties as defined by Section 3 of the New Jersey Employer- 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 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. 3. Excluded from the Professional Unit are: a. Managerial Executives b. Supervisors