New Jersey § 34:13a-3

§ 34:13a-3.

When used in this act: (a) The term “ board ” shall mean New Jersey State Board of Mediation. 1 (b) The term “ commission ” shall mean New Jersey Public Employment Relations Commission. (c) The term “ employer ” includes an employer and any person acting, directly or indirectly, on behalf of

or in the interest of an employer with the employer's knowledge or ratification, but

a labor organization, or any officer or agent thereof, shall be considered an employer

only with respect to individuals employed by such organization. This term shall include “public employers” and shall mean the State of New Jersey,

or the several counties and municipalities thereof, or any other political subdivision

of the State, or a school district, or any special district, or any authority, commission,

or board, or any branch or agency of the public service. The term shall also include the Delaware River Port Authority, established pursuant

to R.S.32:3-1 et seq. (d) The term “ employee ” shall include any employee, and shall not be limited to the employees of a particular

employer unless this act explicitly states otherwise, and shall include any individual

whose work has ceased as a consequence of or in connection with any current labor

dispute or because of any unfair labor practice and who has not obtained any other

regular and substantially equivalent employment. This term, however, shall not include any individual taking the place of any employee

whose work has ceased as aforesaid, nor shall it include any individual employed by

his parent or spouse, or in the domestic service of any person in the home of the

employer, or employed by any company owning or operating a railroad or railway express

subject to the provisions of the Railway Labor Act ( 45 U.S. C. s.151 et seq. ) . This term shall include any public employee, i.e., any person holding a position,

by appointment or contract, or employment in the service of a public employer , including the Delaware River Port Authority , except elected officials, members of boards and commissions, managerial executives

and confidential employees. (e) The term “ representative ” is not limited to individuals but shall include labor organizations, and individual

representatives need not themselves be employed by, and the labor organization serving

as a representative need not be limited in membership to the employees of, the employer

whose employees are represented. This term shall include any organization, agency or person authorized or designated

by a public employer, public employee, group of public employees, or public employee

association to act on its behalf and represent it or them. (f) “ Managerial executives ” of a public employer , in the case of the State of New Jersey, means persons who formulate management policies and practices, but shall not mean persons who are charged with the responsibility of directing the effectuation of

such management policies and practices , except that, in the case of the Executive Branch of the State of New Jersey, “ managerial executive ” shall include only personnel at or above the level of assistant commissioner. In the case of any public employer other than the State of New Jersey, “ managerial executives ” of a public employer means persons who formulate management policies and practices,

and persons who are charged with the responsibility of directing the effectuation

of such management policies and practices , except that in any school district this term shall include only the superintendent

or other chief administrator, and the assistant superintendent of the district. (g) “ Confidential employees ” of a public employer means employees whose functional responsibilities or knowledge

in connection with the issues involved in the collective negotiations process would

make their membership in any appropriate negotiating unit incompatible with their

official duties. “ Confidential employees ” of the State of New Jersey means employees who have direct involvement in representing

the State in the collective negotiations process making their membership in any appropriate

negotiating unit incompatible with their official duties. 1

Transfer of New Jersey State Board of Mediation and its functions, powers and duties

to the Department of Labor, see N.J.S.A. § 34:1A-23.