Commission Rules That State College and University Employees Are Not Employees of the State of New Jersey

By Ira W. Mintz, Esq.

State of New Jersey and Council of New Jersey State College Locals, AFT and Communications Workers of America, AFL-CIO

In P.E.R.C. No. 2013-52, the Commission ruled that despite statutory language that defines “civilian employees of the Executive Branch of State government” to include employees of the “State college and universities,” and despite State-wide negotiations units of State employees that include employees of the State colleges and universities, employees of the State colleges and universities are not employees of the State of New Jersey.  The case arose in the context of a clarification of unit petition filed by the Council of New Jersey State College Locals, AFT that seeks to add employees to existing units based on a narrowing of the scope of the managerial executive exclusion from collective negotiations for employees of the State of New Jersey.  The unions have filed appeals to the Appellate Division of the Superior Court.

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