New Jersey § 18a:65-98

§ 18a:65-98.

a. Nothing in this act shall be construed to deprive any officers or employees of

the schools, institutes, and centers of the University of Medicine and Dentistry of

New Jersey being transferred to Rutgers, The State University, of their rights, privileges,

obligations or status with respect to any pension, retirement, or health benefits

system. The employees shall, upon transfer to Rutgers, The State University, retain all

of their rights and benefits under existing collective negotiations agreements or

contracts until such time as new or revised agreements or contracts are agreed to. The employees shall continue to be represented by the majority representative that

represented them as employees of the University of Medicine and Dentistry of New Jersey,

unless the employees choose to change their majority representative pursuant to law. Rutgers, The State University shall assume all obligations under existing or expired

collective negotiations agreements that covered employees of the University of Medicine

and Dentistry of New Jersey on the effective date of this act. Employees in an existing University of Medicine and Dentistry of New Jersey negotiations

unit, who are transferred to or become employees of Rutgers, The State University

shall be deemed to constitute an appropriate collective negotiations unit under the

“New Jersey Employer-Employee Relations Act,” P.L.1941, c. 100 ( C.34:13A-1 et seq. ). Nothing in this act shall affect the civil service status, if any, of those officers

or employees. Nothing in this act shall affect the tenure, rank, or academic track of any of those

employees holding a faculty position. The employees shall, upon transfer to Rutgers, The State University, not be considered

new employees for any purpose and shall retain any accrued seniority, rank, and tenure,

which shall be applied when determining eligibility for all benefits, including all

paid leave time, longevity increases, and promotions. b. (1) Within 60 days following the effective date of this act, 1 a Labor Management Committee (LMC) shall be established which shall be comprised

of one representative from each of the majority representatives representing employees

employed by Rutgers, The State University and by the University of Medicine and Dentistry

of New Jersey as of the effective date of this act, along with representatives of

the administration of Rutgers, The State University. The LMC shall review all proposed restructuring and reorganization plans and shall

make recommendations to the board of governors of Rutgers, The State University regarding

personnel and labor relations related to the proposed plans, including recommendations

to improve service delivery and avoid duplication of services and to promote equitable

and consistent policies for compensation, benefits, and other terms and conditions

of employment throughout the university for employees performing substantially similar

duties. Following the restructuring and reorganization, the LMC shall continue to meet quarterly

to address ongoing personnel and labor relations issues that arise with respect to

the restructuring or reorganization. (2) Nothing in this act shall be construed to prohibit Rutgers, The State University

and majority representatives from voluntarily entering into collective negotiations

agreements that cover more than one negotiations unit where the members of two or

more negotiations units perform substantially similar duties. If Rutgers, The State University and majority representatives are unable to agree

on whether a collective negotiations agreement should cover one or more negotiations

units represented by different majority representatives, the Public Employment Relations

Commission shall assist the parties in the voluntary resolution of such a dispute

through the appointment of a super conciliator in accordance with sections 4 and 5

of P.L.2003, c. 126 ( C.34:13A-34 and C.34:13A-35 ). (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, Rutgers,

The State University, in accordance with its obligations under the “New Jersey Employer-Employee

Relations Act,” P.L.1941, c. 100 ( C.34:13A-1 et seq. ), shall honor existing collective negotiations agreements and negotiate over any

changes in terms and conditions of employment with the majority representative of

affected employees. 1

L.2012, c. 45 (eff. July 1, 2013).