New Jersey § 34:13a-5

§ 34:13a-5.

a. All regular full-time and part-time employees of the public employer who perform

negotiations unit work shall be included in the negotiations unit represented by the

exclusive representative employee organization. b. Negotiations unit work means work that is performed by any employees who are included

in a negotiations unit represented by an exclusive representative employee organization

without regard to job title, job classification or number of hours worked, except

that employees who are confidential employees or managerial executives, as those terms

are defined by section 1 of P.L.1941, c. 100 ( C.34:13A-3 ), or elected officials, members of boards and commissions, or casual employees, may

be excluded from the negotiations unit. Casual employees are employees who work an average of fewer than four hours per

week over a period of 90 calendar days. c. Every 120 calendar days beginning on January 1 following the effective date of P.L.2021, c. 411 ( C.34:13A-56 et al.), 1 public employers shall provide to an exclusive representative employee organization

in an Excel file format or other format agreed to by the exclusive representative

employee organization, the following information for all employees not represented

by any exclusive representative employee organization: name, job title, worksite

location, work email and work phone number. Within 30 days of a request by an exclusive representative employee organization,

a public employer shall provide a job description for each non-represented employee,

including the names and job titles of all employees supervised by the employer subject

to the request. d. Employees who are performing negotiations unit work and who are not included in a

negotiations unit because they did not meet the threshold of hours or percent of time

worked as set forth in a certification of representative, recognition clause or other

provision in a collective negotiations agreement, shall be included in the negotiations

unit by operation of this act, within 90 calendar days from the effective date of

this act. 2 e. The Public Employment Relations Commission shall promulgate rules to implement this

section, including rules to resolve disputes over the inclusion of employees performing

negotiations unit work in the appropriate negotiations unit. The rules promulgated by the commission shall provide for the resolution of disputes

that arise under this section, within 60 calendar days from the submission of the

dispute to the commission by either the exclusive representative employee organization

or the public employer. 1

L.2021, c. 411, eff. Jan. 18, 2022. 2

L.2018, c. 15, eff. May 18, 2018.