[Legislative
Alert]<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fnjlm.org%2fli…
Please Take Action: Fast Tracked Bill Removing Management Prerogatives
Action is needed to oppose legislation that would remove important management prerogatives
and drive up costs for local governments. On Wednesday the Assembly Appropriations
Committee will be considering
A-5862<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.njleg.sta…amp;typo=1>,
which expands the subjects that would become mandatory during contract negotiations unless
a previously negotiated agreement. It would prevent the government from carrying out its
statutory mission. The result would be removing management prerogative and requiring
mandatory negotiations for public sector unions.
A-5862<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.njleg.sta…amp;typo=1>,
known as the “Responsible Collective Negotiations Act”, was introduced to provide
additional worker safeguards in response to the 2018 U.S. Supreme Court Janus v. AFSCME
ruling. While several provisions of the bill do build upon the “Workplace Democracy
Enhancement Act,” there are several troubling provisions that expand and change the nature
of collective negotiations with all public unions except police and fire.
The billexpands the items that would become mandatory negotiable subjects during contract
negotiations. Items would include “all matters that intimately and directly affect the
work and welfare of public employees” including but not limited to: layoffs;
subcontracting and privatization; criteria and procedures for promotions, performance
evaluations and hiring; transfer of employees; assignments and reassignment of employees;
transfer of negotiations unit of work; and job security, discipline disputes and
disciplinary review procedures. This new provision will effectively remove management from
management by adding items previously management prerogative to mandatory negotiations.
The bill would also mandate that grievance and disciplinary review procedures, including
oral reprimands, must provide for binding arbitration as a means for resolving disputes
involving subjects for collective negotiation that include the areas listed above.
Removing the current ability to negotiate with unions how matters are handled removes
previous negotiated items from the discussions.
In addition the bill abolishes the last best offer as critical management tool; provides
broad privileged communication protections for labor on business involving union matters
but no such protection for management; provides a disincentive for labor to negotiate what
controls remain in place when an existing contract expires and the parties have failed to
reach an agreement on a successor contract; creates a tremendous administrative burden by
requiring management to share detailed information on non-union members with unions;
expands the date certain when employees may opt-out under the "Workplace Democracy
Enhancement Act"; and much more.
It is important to make a distinction between public sector and private sector contract
negotiations. Public sector contracts are funded solely by the taxpayers. The provisions
of A-5862 will add additional cost to the contract negotiation process, resulting in
litigation due to conflicts arising from existing law and the new provisions of this bill,
and could lead to an unfunded mandate.
The Assembly Appropriations Committee is scheduled to consider this legislation on
Wednesday. The Senate companion (S-3810), passed the Senate Labor Committee 3-2, and is
awaiting consideration by the full Senate. These bills could be scheduled for floor votes
as soon as Monday, June 21, so immediate action is needed.
Please take action. We urge you to contact your Senator and Assembly representatives as
well as members of the Assembly Appropriations Committee to urge them to vote no.
Contact: Lori Buckelew, Assistant Executive Director,
lbuckelew@njlm.org<mailto:lbuckelew@njlm.org>, 609-695-3481, x112.
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