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I. Title of Policy
3.0002 Non-Represented Employees
II. Objective of Policy
To create a policy that ensures that non-represented employees are accorded the same level of benefits as similarly classified represented employees whenever possible.
New Jersey Statutes – County Colleges, 18A:64A-12(f) and (g), General Powers of Boards; and N.J.S.A. 34:13A-3 (g).
Definition. Non-represented employees are confidential employees of the College 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.
IV. Policy Statement
All similarly classified non-represented employees shall receive the same benefits as those provided to represented employees whenever possible. except as determined by the President.
Certain provisions of the negotiated agreements do not apply to non-represented employees. Specifically, provisions regarding union membership or access to union representatives are not applicable to non-represented employees. And, while non-represented employees may initiate grievances, they are not entitled to union representation nor are such disputes subject to arbitration. The grievance procedure for non-represented employees shall follow the same time line and reporting structure as used for similarly classified represented counterparts.
The College Administration will utilize the applicable sections of the collective bargaining unit agreements that specifically relate to employee benefits (e.g., health insurance, enumerated holidays, vacation leave, sick leave, etc.) for non-represented employees.
This Policy does not apply to employees classified at the level of Dean or Executive. Deans and Executives are considered Managerial Executives, a category different from confidential employees. As such, the President shall make annual recommendations to the Board on proposed compensation for individuals so designated at the level of Dean or Executive. Deans and Executives will receive benefits consistent with the negotiated union contract for Administrators; however, they are at-will employees subject to annual reappointment and are not afforded union representation, and/or cannot avail themselves of any grievance procedure culminating in arbitration. Deans and Executives are afforded all legal rights as set forth in N.J.S.A. 18A:64A-13.
V. Responsibility for Implementation
Revision Lodged: Board of Trustees, 11/14/2017
Approved: Board of Trustees, 12/19/2017
Approved: Board of Trustees, 2/28/2023