WEISSMAN & MINTZ LLC

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1 STEVEN P. WEISSMAN ANNMARIE PINARSKI WILLIAM G. SCHIMMEL IRA W. MINTZ JASON L. JONES JUSTIN SCHWAM NORA L. SULLIVAN SARAI K. KING Of Counsel ROSEMARIE CIPPARULO ADAM M. GORDON Counsel DAVID A. MINTZ* WEISSMAN & MINTZ LLC ATTORNEYS AT LAW ONE EXECUTIVE DRIVE SUITE 200 SOMERSET, NEW JERSEY (732) FAX (732) August 28, BROADWAY SUITE 827 NEW YORK, NEW YORK (212) JOEL N. WEISSMAN ( ) MARK ROSENBAUM ( ) ADMITTED TO PRACTICE ONLY IN NEW YORK Via Overnight Mail Clerk, Superior Court MERCER COUNTY Civil Courthouse 175 S. Broad Street Trenton, New Jersey Dear Sir/Madam: Re: William Toolen, et. als. v. The State of New Jersey Dkt. No.: L Enclosed please find an original and two copies of Plaintiffs' Brief and Appendix in Support of Summary Decision in Opposition to Defendants' Motion to Dismiss. A Certificate of Service is also enclosed. Two copies of the above documents are also being sent via overnight mail to the Honorable Mary C. Jacobson, A.J.S.C. and William K. Kennedy, Esq. Steven P. Weissman, Esq cc: The Hon. Mary C. Jacobson, A.J.S.C. (via overnight mail) William K. Kennedy, Esq. (via overnight mail) Frank M. Crivelli, Esq. (via ) David B. Beckett, Esq. (via ) Kevin D. Jarvis, Esq. (via )

2 Certificate of Service I hereby certify that on August 28, 2015, an original and two copies of Plaintiffs' Brief and Appendix in Support of Summary Decision and in Opposition to Defendants' Motion to Dismiss were sent via overnight mail to: Clerk, Superior Court Mercer County Civil Courthouse 175 S. Broad Street Trenton, New Jersey I further certify that on August 28, 2015, two copies of the aforementioned documents were sent via overnight mail to: William K. Kennedy, Esq. Ballard Spahr LLP 1735 Market Street, 51 st Floor Philadelphia, Pennsylvania The Hon. Mary C. Jacobson, A.J.S.C. Superior Court of New Jersey Mercer County Criminal Courthouse 400 S. Warren Street P.O. Box 8068 Trenton, New Jersey I further certify that electronic copies of the above papers were sent to all counsel for Plaintiffs and Intervenors. Date: August 28, 2015 Steven P. Weissman, Esq.

3 WILLIAM TOOLEN, in his official capacity as President of the NEW JERSY LAW ENFORCEMENT SUPERVISORS ASSOCIATION, LANCE LOPEZ, in his official capacity as President of the POLICEMAN'S BENEVOLENT ASSOCIATION LOCAL #105, NEW JERSEY LAW ENFORCMENT SUPERVISORS ASSOCIATION, on behalf of all Its members, and POLICEMEN'S BENEVOLENT ASSOCIATION LOCAL #105, on behalf of all its members, Plaintiffs, and SUPERIOR COURT OF NEW JERSEY LAW DIVISION '. MERCER COUNTY DOCKET NO.:L COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO; New Jersey Superior Officers Law Enforcement Association; New : Jersey State Policemen's Benevolent Association State Law Enforcement Unit; and New Jersey Investigator's Association, Fraternal Order of Police Lodge #17 4; Plaintiffs-Intervenors, v. THE STATE OF NEW JERSEY and CHRISOTPHER JAMES CHRISTIE, in his official capacity as Governor of the State of New Jersey, Defendants. BRIEF AND APPENDIX IN SUPPORT OF SUMMARY DECISION AND IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS, Weissman & Mintz LLC One Executive Drive, Ste 200 Somerset, NJ Attorneys for CWA, AFL-CIO On the Brief Steven P. Weissman, Esq. Attorney ID. #

4 TABLE OF CONTENTS Preliminary Statement 1 Point I PERC does not have Exclusive Jurisdiction over the Claims raised by CWA 4 Point II * Salary ranges and automatic steps on which State employees advance based on service and performance are integral parts of the State Compensation Plan that cannot be modified, altered or amended absent written agreements between the State and the Unions 8 Conclusion 15 i

5 TABLE OF AUTHORITIES Cases Bd. of Ed. of Elizabeth v. City Coun. Of Elizabeth, 55 N.J. 501 (1970). Bethlehem Board of Ed. v. Bethlehem Tp. Ed. Assn., 91 N.J. 38 (1982), 15 County of Atlantic, PERC No , 40 NJPER 109 (2013) 3,4,7,8,12,13,16 Farmingdale Realty Co. v. Bor. Of Farmingdale, 55 N.J. 103 (1969) 8 Galloway Tp. Bd. of Ed., 78 N.J. 25 (1978) 13 Township of Bridgewater, PERC No , 41 NJPER 38 (2014) 4, 7, 14, 16 Statutes and Regulations N.J.A.C. 4A:6-5.3(a) 12 N.J.S.A. 11A:1-2 7 N. J.S.A. 11A: 3-7 1,2,3,4,5,6,7,10,11,12,13,15,16 N.J.S.A. 18A: N.J.S.A. 34:13A-1 et seq. 2 N.J.S.A. 34:13A-5.4(a) (1) 12 N.J.S.A. 52: ,2, 4, 7,10,13, 16 N. J.S.A. 52: ,2,4,7, 10,12,13, 16 ii

6 TABLE OF CONTENTS OF APPENDIX P.L. 2001, Chapter 240 Certification of Steven P. Weissman Article 6, Compensation Plan and Program from the CNA between CWA and the State The first three pages of Appendix 4 from the CNA between CWA and the State The Salary Schedules from the CNA between CWA and the State Article 16, entitled Performance Assessment Review from the CNA between CWA and the State Letter dated June 29, 2015, from Michael J. Dee, Director of the Governor's Office of Employee Relations to Hetty Rosenstein, New Jersey Director, CWA Letter dated July 6, 2015 from Rosenstein to Dee al a3 a4 a9 all a20 a23 a25 iii

7 Preliminary Statement By Order to Show Cause dated July 9, 2015, this Court authorized the complaint filed by the plaintiffs to proceed in a summary manner and directed the defendants to show cause why declaratory and injunctive relief should not be granted with respect to the State's decision to cease advancing employees represented by the plaintiff unions on the steps of their respective salary ranges. Following the entry of the Order to Show Cause, various other law enforcement unions representing State employees intervened, as did the Communications Workers of America, AFL-CIO ("CWA"). On August 14, 2015, defendants filed a brief in support of a motion to dismiss. This brief is submitted on behalf of CWA in opposition to defendants' motion and in support of summary decision declaring that the. defendants violated N.J.S.A. 52: and 28 and N.J.S.A. lla:3-7 when they ceased advancing employees on the steps of their respective salary ranges on their anniversary dates and directing defendants to comply with the requirements of the State Compensation Plan. Defendants seek dismissal of the complaints filed in this matter on the following grounds: 1. PERC has exclusive jurisdiction over the subject matter of the complaints (Db 8-12) -, 1 1 "Db " denoted Defendants' brief in support of their Motion to Dismiss.

8 2. Title 11A does not require the annual advancement of employees in a salary range based on satisfactory performance (Db 12-19) ; 3. The State can unilaterally stop advancing employees in a salary range following the expiration of a collective negotiations agreement. (Db 12-19). We will address each of the State's arguments in turn. First, PERC does not have exclusive jurisdiction over this matter. CWA is not alleging a violation of the Employer Employee Relations Act ("EERA"), N.J.S.A. 34:13A-1 et seq. - the statute PERC is charged with enforcing. Rather, CWA alleges that the State violated N.J.S. A. 52: and and N.J.S.A. lla:3-7 when it discontinued advancing employees on the steps of their salary ranges effective July 1, PERC does not have exclusive jurisdiction over these statutory provisions. Second, Title 52 requires the Civil Service Commission ("CSC") to establish salary ranges for all titles in State service and within each salary range the CSC is required to establish automatic salary increases - i.e., steps or increments - based on length of service. N. J.S. A. 52: and Accordingly, automatic salary increases are mandated by law for State employees. Those automatic increases are incorporated into the State Compensation Plan (the "Plan") as steps in a salary range. The law could not be clearer. State employees 2

9 are entitled to automatic step increases, provided they have performed satisfactorily over the course of the previous year. Third, the State Compensation Plan, which is comprised of salary ranges and steps for State titles, may not be "amended, changed or modified except pursuant to a written agreement entered into between the State and the majority representative following negotiations." N.J.S.A. lla:3-7. Thus, Title 11A provides an independent source of rights for unions representing State employees with respect to the State Compensation Plan and expressly prohibits any change in the Plan absent written agreement. Each of the above points will be discussed at greater length below. Unsurprisingly, the State prefers the unions to challenge the failure to advance employees on the steps of their salary ranges as an unfair practice charge before PERC. Leaving aside whether PERC properly reversed four decades of precedent by ruling that the employer in County of Atlantic, PERC No , 40 NJPER 109 (2013), appeal pending Dkt. No. A T4, did not violate the EERA when it failed to pay increments after contract expiration, Titles 52 and 11A provide independent statutory grounds for the complaints filed in the instant matter. Even if PERC's reversal of its long-standing precedent is affirmed, and even if PERC were to ultimately find that the State did not violate its obligation to negotiate under the EERA 3

10 notwithstanding the distinguishable factual circumstances presented by the instant matters, the State is nevertheless required to comply with N.J.S.A. 52: and and N.J.S.A. lla:3-7 and advance satisfactory employees on the steps of their salary ranges, unless the State has entered into a written agreement to discontinue step advancement. No such agreement exists with respect to CWA or any of the other unions involved in this litigation. Point I: PERC does not have Exclusive Jurisdiction over the Claims raised by CWA In support of its argument that this matter should be dismissed because PERC has exclusive jurisdiction over the claims raised by CWA, the State advances three arguments: 1. PERC has exclusive jurisdiction to resolve scope of negotiations issues (Db 8-10); 2. The Unions' basic claim is that the State failed to negotiate regarding changes in compensation (Db 10-11); and 3. PERC has already decided the issues before the Court (Dbll- 12).. First, this is not a scope of negotiations dispute. Second, the unions are not alleging a failure to negotiate under the EERA. Third, the issues decided by PERC in County of Atlantic and Township of Bridgewater, PERC No , 41 NJPER 38 (2014), appeal pending Dkt. No. A T1, are not the same issues as those raised in CWA's complaint. 4

11 The State misconstrues the claim advanced by CWA and the other union plaintiffs and intervenors. CWA does not allege before this Court that the State has violated its obligation to negotiate in good faith prior to making unilateral changes in terms and conditions of employment under the EERA. Indeed, CWA does not claim that it demanded negotiations and that the State refused. This is one of those rare instances when a statute, other than the ERRA, proscribes unilateral changes. Here, it is N.J.S.A. lla:3-7 that controls how changes are made to the State Compensation Plan. Effective September 6, 2001, the employee compensation provisions of Title 11A were amended by P.L.2001, c.240, 1. (CWAal). 2 The amendments circumscribed the authority of the Commissioner of the Department of Personnel ("DOP") with respect to the State Compensation Plan. Specifically, the legislation removed from the Commissioner the authority to "establish" and "amend" the Plan and left him/her with the more limited power to "administer" the Plan. In addition, subsection (b) was added to N.J.S.A. lla:3-7 which imposed on the State the obligation to "negotiate with the majority representative for an agreement on the amendment, change or modification to the compensation plan" and barred any changes to the Plan "except pursuant to a written agreement entered into between the State and the.majority 2 "CWAa " denotes the appendix to this brief. 5

12 representative following negotiations." (CWAa 1). In 2008 Title 11A was again amended to abolish DOP and resurrect the Civil Service Commission. The powers that had resided in the Commissioner of Personnel were transferred to the CSC. Notably, N.J.S.A. lla:3-7 bars the imposition of any changes or modifications to the State Compensation Plan without mutual agreement. Pursuant to the EERA, with respect to all other terms and conditions of employment that are subject to negotiations between the State and unions representing civilian employees, a unilateral change may be imposed after impasse procedures have been exhausted. Title 11A, not the EERA, establishes a requirement specific to the State Compensation Plan, namely, that changes to the Plan are impermissible without the agreement of unions representing State employees. PERC does not have exclusive jurisdiction, or even primary jurisdiction, to determine whether the State's modification of the Plan violated N.J.S.A. lla:3-7. Nor does PERC have exclusive jurisdiction, or for that matter the expertise, to determine whether the State Compensation Plan encompasses salary ranges and automatic steps upon which employees advance based on service and satisfactory performance. The State further urges this Court to conclude that PERC has exclusive jurisdiction because that agency has already ruled on issues that are dispositive of the unions' complaint.. 6

13 Specifically,. the State relies on County of Atlantic and Township of Bridgewater. (Db 11-12). However, neither case involved State employees whose salaries are subject to the provisions of the State Compensation Plan. Nor was PERC called upon to address the State's obligations under N.J.S.A. lla:3-7 or to determine whether steps on a salary range are an integral part of the Plan. In County of Atlantic and Township of Bridgewater, the duty to pay increments resided in the applicable collective negotiations agreements and PERC precedent. No separate statutory scheme mandated their payment as it does here. The issue before this court is a legal issue - one over which PERC does not have exclusive jurisdiction. As such, this Court should deny the State's motion to dismiss which is premised on PERC having exclusive jurisdiction over this dispute. 3 ' 3 In response to the original plaintiffs' citation to the Declaration of Policy in Title 11A, N.J.S.A. lla:l-2, defendants assert in a footnote, "to the extent that a determination of policy under Title 11A is warranted, that determination should be made by the Civil Service Commission in the first instance, not the Court." (Db 14, n.ll). However, CWA does not rely on the declaration of policy found in the Civil Service Act in support of the requirement that its unit members be advanced on the steps of their salary ranges. Rather, in support of the claim that the State Compensation Plan contains automatic step increases within salary ranges, CWA relies on N.J.S.A. 52: and 28, and well as language in Article 6 of the collective bargaining agreements between CWA and the State. See infra at To the extent there is any basis for the 7

14 Point II: Salary ranges and automatic steps on which State employees advance based on service and performance are integral parts of the State Compensation Plan that cannot be modified, altered or amended absent written agreements between the State and the Unions. The State maintains that there is no statutory requirement that employees in State service continue to advance on steps in their salary ranges after the expiration of the applicable collective negotiations agreements. In support of this argument the State again relies on PERC's decision in County of Atlantic, as well as language in the unions' collective negotiations agreements and the Compensation Compendium. (Db 12). However, the issue before this Court is whether the State Compensation Plan - the terms of which cannot be changed without written agreements between the State and the unions - is comprised of salary ranges and automatic steps on which employees advance based on service and performance. If the Court finds that the Plan is comprised of salary ranges and steps, then the employees represented by the plaintiff and intervenor unions were entitled to advance on the steps of their respective salary ranges even defendants' argument that CSC should render a determination as to the applicability of the policy declaration contained in Title 11A to the instant matter, an exhaustion requirement may be relaxed when there are only legal questions involved not requiring the application of administrative expertise and where the early disposition of the question is dictated by the public interest. See Farmingdale Realty Co. v. Bor. Of Farmingdale, 55 N.J. 103 (19 69); Bd. of Ed. of Elizabeth v. City Coun. Of Elizabeth, 55 N.J. 501 (1970). 8

15 after the expiration of the collective negotiations agreements. The State's brief does not address this basic claim and instead focuses on the Compensation Compendium and the collective negotiations agreements. However, the Compensation Compendium, which is merely a collection of current fiscal year "salary regulations" that are "recorded" by the Civil Service Commission at a meeting that takes place months after the beginning of the fiscal year - the FY2015 Compendium was recorded by the CSC on December 17, does not supersede the statutory requirement that the State Compensation Plan remain intact absent written agreement. Nor does the Compensation Compendium purport to be the State Compensation Plan. Similarly, the language in the compensation articles of the parties' collective negotiations agreements upon which the defendants rely is not controlling. The language referenced by the State defendants in those agreements has been applied in a consistent fashion for the last two decades. Since at least 1982, following contract expiration employees continued to advance to the next higher steps on their salary ranges on their quarterly anniversary dates. (CWA Verified Complaint at 5118). Although the language is tied to the term of the agreement, the practice in applying the language did not vary, until July 1, 2015, when the State, for the first time ceased advancing 9

16 employees on their steps. (Id.). That language - language that has long been construed to require the continued payment of step increments after contract expiration - cannot be used by the State as a basis for overriding the express language of N.J.S.A. 11A:3-7 and N.J.S.A. 52: and Accordingly, the critical question is whether the State Compensation Plan is comprised of salary ranges and automatic steps on which employees advance. The clear language of the applicable statutes and regulations, as well as the language in the parties' collective negotiations agreements, compels the conclusion that the Plan consists of salary ranges and increment steps. Indeed, that is the essence of the State Compensation Plan. As already discussed, the applicable statutes speak in the imperative: the CSC "shall establish salary ranges" for each office, position or employment and "shall establish automatic increases" in such salary ranges based on length of service. N. J. S. A. 52: and The CSC has carried out this mandate. Virtually all titles in State service are assigned a salary range - there are a handful of "no range" titles - and for each range there are a series of steps that represent automatic increases based on length of service. Employees move to the next higher step on their salary range on their quarterly anniversary dates, provided their performance over the preceding 10

17 12 months has been rated at least satisfactory or the equivalent. The collective negotiations agreements between the State and CWA expressly acknowledge the existence of a State Compensation Plan, which incorporates certain "basic concepts," including "a salary range with specific minimum and maximum rates and intermediate merit incremental steps therein for each position." (CWAa5). Moreover, the agreements between CWA and the State provide that "the parties agree to comply with the provisions of N.J.S.A. lla:3-7. (Id.). Appendix 4 of the collective negotiations agreements between CWA and the State list every title represented by CWA in each of the four negotiations units and assign a salary range to each title. (CWAalO). Immediately following Appendix 4 are the salary schedules, which identify the annual salaries for each of the ten steps of each salary range. (CWAall). If CWA and the State negotiate an across-the-board increase for a given fiscal year, all steps of all ranges are increased by the negotiated percentage. For example, the parties agreed to an across-the-board increase of 1% effective July 1, On that date, all steps of all ranges increased by 1%. (CWAal7). In those fiscal years when there is no negotiated across-the-board increase, the steps of the ranges do not increase, but employees continue to advance to the next highest 11

18 step on their anniversary date, provided their performance has been satisfactory. The Performance Assessment Review article of the agreements, along with the applicable Civil Service Regulations, N.J.A.C. 4A:6-5.3(a) provide that only employees receiving an unsatisfactory performance rating "shall be denied an anniversary date increment." (CWAa20). As the collective negotiations agreements underscore, CWA and the State agree that the State Compensation Plan consists of salary ranges and "intermediate merit incremental steps," which pursuant to N.J.S.A. 52: , constitute automatic increases based on service and performance. The State Compensation Plan is a creature of statute, not contract. Significantly for purposes of the instant matter, the State, in its collective negotiations agreements with CWA, admits that the Plan (1) consists of salary ranges, (2) contains incremental steps through which employees progress, and (3) pursuant to N.J.S.A. lla:3-7 cannot be changed or modified absent written agreement between the State and a union. Defendants argue that this matter is governed by PERCs decision in County of Atlantic. (Dbl2). However, in County of Atlantic the unions relied exclusively on an employer's obligation under the EERA to maintain the status quo postcontract expiration, alleging that the failure to pay increments was an unfair labor practice under N.J.S.A. 34:13A-5.4(a)(1) and 12

19 (5). Reversing 40 years of precedent, PERC held that it would no longer require employers to continue the payment of increments post-contract expiration. Of note for purposes of the instant case is PERC's observation that in Galloway Tp. Bd. of Ed., 78 N.J. 25 (1978) - a decision frequently cited in support of the requirement that employers continue paying automatic increments post-contract expiration - the Supreme Court "ultimately held that N.J.S.A. 18A:29-4.1, an education law statute applicable only to teaching staff members, required the Board to pay the disputed increments." 40 NJPER at 287. Since there was no statute that created an independent right to the payment of increments, such as N.J.S.A. 18A: in Galloway, or as in the instant case, N.J.S.A. 52: , and lla:3-7, PERC did not hesitate to overrule is prior precedent reasoning that the dynamic status quo doctrine "no longer fulfils the needs of the parties... and disserves rather than promotes the prompt resolution of labor disputes." Id. at 17. However, as previously noted, CWA and other unions are not before this Court arguing that the defendants violated the EERA. Further, as was the case in Galloway, here statutes other than the EERA mandate the advancement of employees on steps that are part of the State Compensation Plan. 13

20 Defendants also cite PERC s decision in Township of Bridgewater as controlling. There, the police union filed a grievance alleging that the failure to pay increments after the contract expired, but during the period that the' contract "remain[ed] in full force and effect," violated the parties' collective negotiations agreements. PERC restrained arbitration finding that that automatic movement on a salary guide after contract expiration is not a term and condition of employment. 41 NJPER at 109. In other words, it is PERC's newly adopted view of compensation - a view that will be tested on appeal - that even an express agreement between a union and a public employer to continue paying increments after contact expiration is unenforceable. But the issue before this Court is not whether the parties' can arbitrate a grievance alleging a violation of the collective negotiations agreement. In question is whether the State Compensation Plan, not the parties' collective negotiations agreements, can be unilaterally changed. That issue was not before PERC in Bridgewater. To the extent that the State Compensation Plan consists of salary ranges and steps through which employees advance based on service and performance, that Plan cannot be changed absent written agreement between a union and the State. Defendants also urge dismissal of all claims because "the Unions contend that the State was compelled to continue paying 14

21 automatic salary increases under the terms of the Fiscal Year 2015 Compensation Compendium, which they allege cannot be changed absent "good faith" negotiations." (Db 12). CWA does not rely on the Compendium. It relies on statutes that mandate the inclusion of salary ranges and steps in the State Compensation Plan and that bar any modifications, amendments or changes to the Plan absent written agreement. Finally, citing Bethlehem Board of Ed. v. Bethlehem Tp. Ed. Assn., 91 N.J. 38 (1982), defendants argue that if the Unions' "position were correct, it would have the effect of removing salary increments from the scope of negotiations altogether." (Db 16). Again, defendants are mistaken and mischaracterize CWA's position. Plainly, N.J.S.A. lla:3-7 permits changes to the State Compensation Plan, but only if those changes are embodied in a negotiated written agreement between the State and a union. Negotiations are not preempted by the State. Compensation Plan. Indeed, it is only through the collective negotiations process that the Plan may be modified. Absent written agreement, the Plan remains in effect, even after the expiration of the parties' collective negotiations agreements. Conclusion In sum, defendants' arguments are unavailing. While defendants may wish to characterize the complaints filed by the plaintiffs and intervenors as alleged contract violations or 15

22 alleged violations of the State's obligation to negotiate under the EERA - issues that were addressed by PERC in County of Atlantic and Township of Bridgewater - this case raises neither issue. The substantive legal issue before this Court is whether the State violated N.J.S.A. 52: and and N.J.S A. lla:3-7 when it unilaterally changed the State Compensation Plan by ceasing to advance employees on the steps of their salary ranges on their anniversary dates. For the reasons discussed above, PERC does not have exclusive jurisdiction over this question. Further, the issue before the Court is a purely legal one. Plaintiffs and intervenors have demonstrated that the State Compensation Plan consists of salary ranges and steps through which employees advance on their anniversary dates and that the Plan cannot be changed absent written agreement between a union and the State. Therefore, the relief sought by the plaintiffs and intevernors by way of summary decision should be granted and defendants' motion to dismiss should be denied. Respectfully submitted, S%Bven P. Weissman Dated: August 28,

23 P L. 2001, CHAPTER 240, approved September 6, 2001 Senate, No AN ACT concerning the civil service system and amending 2 N.J.S.l la: BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: N.J.S.l la:3-7 is amended to read as follows: 8 lla:3-7. a. The commissioner shall [establish,] administer [and 9 amend] an equitable State employee compensation plan which shall 10 include pay schedules[, the assignment and reassignment of salaries 11 for all State titles,] and standards and procedures for salary 12 adjustments other than as provided for in the State compensation plan 13 for the career, senior executive and unclassified services. 14 b. Prior to adoption or implementation of an amendment, change 15 or modification to the compensation plan for State employees which 16 amendment, change or modification affects public employees 17 represented by a majority representative selected or designated 18 pursuant to section 7 of P.L.I 968. c.303 (C.34:13A-5.3l the State 19 shall negotiate with the majority representative for an agreement on 20 the amendment, change or modification to the compensation plan. The 21 State shall negotiate in good faith with the majority representative. A 22 State employee compensation plan shall not be amended, changed or 23 modified except pursuant to a written agreement entered into between 24 the State and the majority representative following negotiations. 25 ' a When an employee has erroneously received a salary 26 overpayment, the commissioner may waive repayment based on a 27 review of the case. 28 d Employees of political subdivisions are to be paid in reasonable 29 relationship to titles and shall not be paid a base salary below the 30 minimum or above the maximum established salary for an employee's 31 title. 32 (cf: N.J.S.llA:3-7) This act shall take effect immediately STATEMENT 38 ' 39 This bill modifies current law to only authorize the Commissioner 40 of Personnel to administer, rather than establish and amend, an 41 equitable State employee compensation plan which includes pay EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter. al

24 S schedules but not the assignment and reassignment of salaries for all 2 State titles. Also, before the adoption or implementation of a change 3 to the compensation plan for State employees, the State will be 4 required to negotiate, in good faith, with the majority representative 5 of employees affected for an agreement on the change. Under this bill, 6 a change in the State employee compensation plan will not take effect 7 unless there is a written agreement between the State and the majority 8 representative Requires negotiation with employee majority representative for change 14 in State employee compensation plan. a2

25 I, Steven P. Weissman, hereby certify: 1. Attached to this certification are true and accurate copies of the following provisions contained in the collective negotiations agreements between the Communications Workers of America, AFL-CIO and the State of New Jersey: a. Article 6, entitled Compensation Plan and Program (CWAa 4;. b. The first three pages of Appendix 4 (CWAa 9); c. The Salary Schedules (CWAa 11); and d. Article 16, entitled Performance Assessment Review (CWAa 20). The references to "CWAa " following the above documents, correlates to the pages of the Appendix submitted in support of CWA's brief in support of summary decision and in opposition to the defendants' motion to dismiss. 2. Also attached is a true and accurate copy of a letter dated June 29, 2015, from Michael J. Dee, Director of the Governor's Office of Employee Relations to Hetty Rosenstein, New Jersey Director, CWA (CWAa 23) and a letter dated July 6, 2015 from Rosenstein to Dee (CWAa 25). I hereby certify that the following statements made by me are true. I am aware that if any of the following statements made by me are willfully false I am subj 11 ' 1 ' Dated: Steven P. Weissman a3

26 «:!. i. M directly related to the job. jj+j. c. Where a suspension is immediate under (a) or (b) above, and is without pay, the. employee must, first be apprised either orally or in writing, of why an immediate suspension is P sought, the charges and general evidence in support of the charges and provided with sufficient,_ opportunity to review the charges and the evidence in order to respond to the charges before a 3-1 representative of the appointing authority. The employee may be represented by an authorized j T, union representative.., 2. Where criminal charges are initiated, the right of an employee to representation by an jpl attorney shall not be denied.. 3. An employee shall not be served with a disciplinary notice more than (1) year after the j date on which the person filing the disciplinary notice obtained sufficient information to file the matter upon which the notice is based, except for those acts which would constitute a crime. 4.. Nothing in this Article or Agreement shall be construed to limit the right of the State to implement any disciplinary action notwithstanding the pendency of any grievance. 5. When a final determination of innocence, is rendered through a decision arising out of a Departmental hearing, or discipline arbitration hearing, the employee initially disciplined shall not be recharged with discipline, on matters arising out of the same facts that the initial discipline 3.1 was based upon, *.. _ 6. At Departmental hearings either party may.make a verbatim record through a certified shorthand reporter. Such record is to be made at the expense of the party who requests the :j ' reporter. However, if both parties want a copy of the transcript, the cost of the transcript and the '' reporter shall be shared equally. j 7. The parties will designate an arbitrator to hear, disputes involving back pay, seniority and benefits that may arise with respect to the imposition of discipline prior to the submission of 3i a disciplinary dispute to arbitration. In deciding such disputes, the arbitrator shall apply the standards, to the extent applicable, set forth in N.J.A.C. 4A:2-2.10, that were in effect at the time 3 this agreement was entered into. After the submission of a disciplinary dispute to arbitration, the j arbitrator hearing the case shall decide.disputes involving back pay, seniority, and benefits. 1! ARTICLE 6 II -. COMPENSATION PLAN AND PROGRAM... I A. Special Salary Program July 1,2011 to June 30,2015 It is agreed that during the term of this Agreement for the period of July 1, June 30, 2015, the following salary and fringe benefit improvements shall be provided to eligible employees in the unit within the applicable policies and. practices of the State and in keeping j with the conditions set forth herein. ^. Subject to the State Legislature enacting appropriations of funds for these specific & purposes, the State agrees to provide the following benefits effective at the time stated here or, if g: later, within a reasonable time after enactment of the appropriation. 1. a. Effective the first full pay period after July 1, 2013, each employee covered by this agreement shall be entitled to a one (1%) percent across-the-board increase applied to the employee's current base salary. I. b. Effective the first full pay period after July 1, 2014, each employee covered by this a agreement shall be entitled to a one and three-quarters (1.75%) percent across-the-board increase applied to the employee's current base salary. 21. a4

27 2. For ten (10) month employees, the foregoing increases that are effective the first Ml pay period in July of 2013, and 2014 for twelve (12) month employees shall be applied to the base salary of ten (10) month employees effective the first full pay period in September 2013and September ; The State Compensation Plan salary schedule shall be adjusted in accordance with established procedures to. incorporate the increases set forth In 1. and 2. above for each step of each salary range. Each employee shall receive the increase by remaining at the step in the range occupied prior to. the adjustments Normal increments shall be paid to all employees eligible for such increments within the policies of the State Compensation Plan during the term of this Contract. 5. Employees who have been at the eighth step of the same range for 18 months or longer shall be eligible for movement to the ninth step providing their performance warrants this salary adjustment Employees who have been at the ninth step of the same range for 24 months or longer shall be eligible for movement to the tenth step providing their performance warrants this salary adjustment... '. 7. Employees who are not eligible for increments during the period of July 1, 2011, through June 30, 2013, shall receive a cash bonus of $450 on or about July 31, 2013, not included in base salary. The prior sentence shall not apply to employees hired after July 1,2011. B. Clothing Maintenance Allowance 1. Beginning in July 1,.2011, employees who are eligible for a Clothing Maintenance Allowance shall meet one of the following criteria: a. They are required to wear a uniform, protective clothing or special clothing.. b.. Their jobs require; them to come regularly into contact with toxins, dyes, dirt, contaminants,: chemicals, blood or other bodily fluids, or other materials that ruin or soil clothing and/or their clothing requires special or separate Washing or cleaning and/or they engage in direct care or direct education work that includes physical contact, with students or institutional clients which requires the.,employee to come into regular contact with the substances listed above.. ' 2. A Clothing Maintenance Allowance shall not be paid to employees if (1) the State provides the employee with a uniform or protective.clothing and the employee earns more than $100,000 annually; (2) the State pays for their uniforms, protective clothing or special clothing and if the State pays to clean or launder their uniforms, protective clothing or special clothing; or (3) the State pays for their uniforms, protective clothing or special clothing and the employee's uniform, protective clothing or special clothing does not need to be washed or laundered separately from the employee's other clothing, except if the employee's regular work clothing must be separately laundered or cleaned On or before 60 days after ratification, each department will provide a list to the Union of all full-time employees who are eligible for a clothing maintenance allowance under the criteria in paragraphs 1 and 2 above and will identify employees holding titles that previously received a Clothing Maintenance. Allowance who the department maintains do not satisfy the above criteria,.. Within thirty (30) days thereof, the Union may identify those employees not on said list who it contends are eligible for a clothing maintenance allowance. Employees identified by the Union will not receive a Clothing Maintenance Allowance until the dispute is resolved in accordance with the procedure set forth in this paragraph. Within thirty (30) days of a department's receipt of any such list, the Union and the department will meet in an effort to resolve any disputes. Any disputes not resolved between the Union and a department will be 22 a5

28 submitted to OER, Within thirty (30) days following submission of disputes to OER, the Union and OER. will meet in an effort to resolve such disputes. At the written request of the Union, any disputes not resolved between the Union and OER will be submitted directly to binding arbitration before a single arbitrator selected by the parties. To the extent the parties cannot agree on an arbitrator to hear such disputes, an arbitrator will b.e selected pursuant to the selection procedures of the Public Employment Relations Commission.. 4. By February 1, of each year, beginning February 1, 2013, each department will identify individuals holding titles that previously received a Clothing Maintenance Allowance, who the department maintains do not satisfy the criteria in paragraphs 1 and 2 above. Meetings will be held by March 1 of each year between each department and the Union to resolve any disputes with respect to individuals identified by a department as ineligible to receive a Clothing Maintenance Allowance. Any disputes not resolved at meetings with the departments may be addressed at meetings between the Union and OER to be held by. April 1 of each year. Any disputes not resolved at meetings with OER may be submitted directly to the arbitrator, the parties have designated to.hear such disputes. AH other disputes involving the payment of clothing allowance will be processed in accordance with Article 4 of the parties' Agreement. 5. The Union guarantees that in each of the four years of this Agreement, the application of the criteria set forth in' Paragraphs 1. and 2 will result in at least a twenty (20%) percent reduction in the number of employees who received a clothing maintenance allowance from the number of employees who received such an. allowance in the final year of the parties' Agreement.. 6. Each full-time employee who is eligible for a clothing maintenance allowance under the criteria in Paragraphs 1 and 2 above, and who has completed one (1) full year of service on or before July 1, 2011, or on or before July 1 of 2012, 2013 or 2014, shall receive a cash clothing maintenance allowance for each-year of the contract of $550. No clothing maintenance award will be paid after June 30, 2015.,, 7. Each full-time employee who will have completed six (6) months of service on or before July 1, 2011 or on or before July 1 of 2012, 2013 or 2014, shall receive a cash clothing maintenance allowance 1 for each year of the contract of $275. No clothing maintenance award will be paid after June 30, Permanent part-time employees in a 40 hour workweek title who are regularly scheduled to work twenty (20) or more hours per week, and permanent part-time employees in a 35 hour workweek title who are regularly scheduled to work seventeen and one-half (17.5) or more hours per week, who meet the service, and eligibility requirements set. forth above will receive one-half (1/2) of the normal clothing allowance. One full year of service for employees in ten (10) month titles means ten (10) months of service between July 1 and July Leaves of absence, without pay or suspension up to thirty (30) days duration shall riot affect the eligibility requirements as to one (1) year of service. In order to be eligible to receive this payment, the employee must be on the payroll as of the date of payment. C. Deferred Cqmpensation Plan It is understood that the State shall continue the program which will, permit eligible, employees in this negotiating unit to voluntarily authorize deferment of a portion of their earned base salary so that the funds deferred can be placed in an Internal Revenue Service approved Federal Income Tax exempt investment plan. The deferred income so invested and the interest or other income return on the investment are intended to be. exempt from current Federal Income Taxation until the individual employee withdraws or otherwise receives such funds as provided 23 a6

29 in the plan document... It is understood that the State shall be solely responsible for the administration of the plan and the determination of policies, conditions and regulations governing its implementation and. use.. - ' v..:. The State shall provide literature describing the plan as well as a required enrollment or other forms to all employees when the plan has been established.... It is further understood that the maximum amount of deferrable income under this plan shall be consistent with the amount allowable by law. D. Special Training i g The State will, join with the Union to provide a special training program, which will be available to employees in the Administrative and Clerical Services Unit. The formulation and content of the special training program shall be decided by mutual agreement between the Office of Employee Relations and the Union... E. Salary Program Administration m The.parties acknowledge the existence and continuation during the term of this Agreement of the State Compensation Plan, which incorporates in particular, but without specific limit, the gj following basic concepts: A system of position classifications with appropriate position descriptions. Copies of H current position descriptions will be made available to the Union , A salary range with specific minimum and maximum rates and intermediate merit incremental steps therein for each position. H. 3. Regulations governing the administration of the plan including the Performance ' Assessment Review.. M ECS -4. The parties, agree to comply with the provisions of N.J.S.A 11 A: No employee covered by this Agreement shall suffer a reduction in rate of pay as a H result of a reduction of salary range for the job class in which he is employed and any such _ change in salary range shall be negotiated with the Union prior to. implementation. This is not intended to reduce the right of appeal of any individual. m F. Shift Differential for Second and Third Shift ~ The shift bonus' for employees earning less than $100,000 per annum on the second (2nd) g and third (3rd) shifts which axe commonly laiown as the afternoon or evening shift and the night or midnight shift will be $.25 per hour... 1 G. Salary Adjustment for Nurses and Teachers/Instructors B. The two-range increase negotiated in the 1989/92 contracts for Nurses and Classroom Teachers/Instructors, and the. two-range increase negotiated in the 1992/1995 contracts for g teachers who supervise other teachers shall continue in effect under this contract. ; H. The current special project and emergency rates set forth in Article 35 of this Agreement will increase by one percent (1%) on or about July 1, 2013 and by an additional one and three quarters percent (1.75%) on or about July 1, ' I. Cooperative Effort «The parties to the Agreement understand that the public services provided to the citizenry of the State of New Jersey require a continuing cooperative effort particularly during this period g of severe fiscal constraints. They hereby pledge themselves to achieve the highest level of service by jointly endorsing a concept of intensive productivity improvement, which may assist 1 in realizing that objective. a7

30 I 2. Within ninety (90) days from the date the Union submits a list of issues, OER will convene a meeting of affected locals and departments to discuss issues related to on-call employees. 3. OER will make a good faith effort to resolve issues relating to on-call employees The parties will negotiate over the above issues to the extent such issues are mandatory subjects of negotiations and are not preempted by statute or regulation. 8 SIDE LETTER OF AGREEMENT #23 Treasury Intermittent Employee Furlough Recall and Permanent Employment Rights 8 When there is a vacancy in a permanent entry-level non-competitive position, before offering such position to a non-employee, intermittent employees who have satisfactorily 8 completed their working test period, meet the qualifications for the title and have a satisfactory PAR rating on their most recent PAR and no discipline in the last twenty-four (24) months immediately preceding their last furlough date will be offered the non-competitive appointment in order of job title seniority if they express written interest in the position. Before hiring new intermittent employees for a designated work unit, the State will recall g furloughed intermittent employees serving in that intermittent title in order of job title seniority provided the intermittent employee possesses the necessary skills and training to perform the duties of the vacant intermittent position.. A furloughed intermittent employee, who is offered a position in a work location different than the one from which he/she was furloughed, may decline such offer and remain on the recall list. ' SIDE LETTER #24 Pension Reporting Side Letter The parties acknowledge that the following reports and information are available on the website of the Division of Pensions and Benefits: a. Investment Report for all of the pension funds; - b. Comprehensive Annual Financial Report for All Pension Funds, including actuarial reports, statistical reports, and financial statements. APPENDIX 4 Listed below are all titles included in the contract. Also listed is the title code number, pay range, and workweek designation. The pay range can be used to help determine an individual's proper pay. The explanation of the symbols used for workweek designation is: hour fixed workweek worker. Overtime compensation is regulated by the Overtime Article of this contract and Civil Service Commission Overtime rules. Additionally, the FLSA (Fair Labor Standards Act) mandates overtime compensation for these workers for hours over 40 worked in a workweek hour fixed workweek worker. Overtime compensation is regulated by the Overtime Article of this contract, Civil Service Commission Overtime rules, and the Federal FLSA. 83 i a8

31 NE- Non-exempt, non-limited. These workers work at least a 35 hour workweek with intermittent requirements for a longer workweek as warranted to complete projects or assignments. These workers are covered by the Provisions of Federal FLSA mandated time and one-half (pay or compensatory time) for hours in a week worked over 40 hours. Hour-for-hour hourly compensation (if any) for hours worked in a week between 35 hours and 40 hours is determined by Civil Service Commission Overtime rules and Department policy. NL- Non-limited workers. These workers shall work at least a 35 hour workweek with intermittent requirements for a longer workweek as warranted to complete projects or assignments. The State of New Jersey believes that these titles are exempt from coverage by the overtime compensation provisions of the federal FLSA. (Workers in these titles who believe they should be covered by the FLSA may appeal to the U.S. Department of Labor.) Hour-for-hour compensation (if any) for NL workers for hours over 35 worked in a week is determined by the Civil Service Commission Overtime Rules and Departmental policy. N4- Non-limited title which involve direct and continuous supervision of workers in 40 hour workweek titles. The State of New Jersey believes these workers are exempt from coverage by the federal FLSA. Any compensation for hours beyond the normal workweek is regulated by the Civil Service Commission Overtime rules and Departmental policy. 3E- (exempt 35 hour) 35 hour fixed workweek worker. Overtime compensation is regulated by the Overtime Article of this contract and Civil Service Commission Overtime rules. The State of New Jersey believes these workers are exempt from coverage by the FLSA. 4E- (exempt 40 hour) 40 hour fixed workweek worker. Overtime compensation is regulated by the Overtime Article of this contract and Civil Service Commission Overtime rules. The State of New Jersey believes these workers are exempt from coverage by the FLSA. This Appendix, including the titles listed below, is for information purposes only and is not subject to the grievance and arbitration procedure set forth in Article a9

32 Administrative and Clerical Services Unit Titles I RANGE CODE TITLE NAME HOURS ACCIDENT RECORD REVIEWER ACCOUNT ADJUSTER STATE LOTTERY NE ACCOUNTING ASSISTANT ADMINISTRATIVEAND CLERICAL SPECIAL SERVICES (ADMINISTRATIVE & CLERICAL NEGOTIATION ELIGIBLE) AGENCY AIDE ANIMAL HEALTH TECHNICIAN.. NE ARCHIVES TECHNICIAN ASSISTANT FIELD REPRESENTATIVE WAGE AND HOUR COMPLIANCE NE D ASSISTANT FIELD REPRESENTATIVE WAGE AND HOUR COMPLIANCE BILINGUAL IN SPANISH AND ENGLISH ASSISTANT STOREKEEPER AUDIO VISUAL TECHNICIAN AUDIT ACCOUNT CLERK C AUDIT ACCOUNT CLERK TYPING BUILDING SERVICES COORDINATOR BUILDING SERVICES COORDINATOR CIRCULATION ASSISTANT CIRCULATION ASSISTANT CLAIMS ADJUDICATOR SUPPORT SPECIALIST C CLAIMS ADJUDICATOR SUPPORT SPECIALIST 1 BILINGUAL IN SPANISH AND ENGLISH CLAIMS ADJUDICATOR SUPPORT SPECIALIST C CLAIMS ADJUDICATOR SUPPORT SPECIALIST 2 BILINGUAL IN SPANISH AND ENGLISH CLERK CLERK BOOKKEEPER CLERK DRIVER CLERK DRIVER CLERK STENOGRAPHER A CLERK STENOGRAPHER-IO MONTHS CLERK TRANSCRIBER C CLERK TRANSCRIBER BILINGUAL IN SPANISH AND ENGLISH CLERK TRANSCRIBER-10 MONTHS CLERK TYPIST C CLERK TYPIST BILINGUAL IN SPANISH AND ENGLISH CLERK TYPIST 1 EVIDENCE HANDLING CLERK TYPIST 2 EVIDENCE HANDLING CLERK TYPIST-10 MONTHS CLINICAL LABORATORY TECHNICIAN 35 ** NE i 85 i alo

33 SALARY SCHEDULE Effective: January 1, 2011 Covering Employee Relations Groups: A P R S Range: Increment: , , , , , Step 1 : 23, , , , , , Step 2 : 24, , , , , , Step 3: 25, , , , , ,865:77 Step 4: 25, , , , , , Step 5: 26, , , , , , Step 6 : 27, , , , , , Step 7 : 28, , , , , , Step 8 : 29, , , , ,431,99 37,016;57 Step 9: > 30, , , , , , St6p 10 : 31, , , , , * \ Range : ' 14 Increment: 1, , , , , , Step 1 : 29, , , , , , Step 2 : 30, , , , , , Step 3 : 32, , , , , , Step 4: 33, i , , , , Step 5: 34, ; 36, , ; 39, , , Step 6: 36, , , , , , Step 7 : 37, , , , , , Step 8 : 38, , , , , , Step 9 : 39, : 41, , , , , Step 10 : 41, , , , , , all

34 SALARY SCHEDULE Effective: January 1, 2011 Covering Employee Relations Groups: A P R S 3& ST" Range: Increment: 1, , , , , , Step 1 : 38, , , , , , Step 2: 40, , , , , , Step 3: 41, , , , , , Step 4: 43; , , ; 49, , ,553:25 Step 5: 45, , , , , , Step 6 : 47, , , ; , , Step 7 : 48, , , , , , Step 8 i 50, , , , = , Stepi 9 : 52, , , , , , Step 10 :,, 53, , , , , ; Range: " 21 ' Increment: 2, , , , , , Step 1 : 50, , , , , , Step 2 52, , j , J , Step 3 54, , , J , ,846;16 Step 4: 57j j750.?8 62, , , , Step 5: 59, ,181.79, 65, > , , Step 6: 61, , , , , , Step 7 64, , , , , ,667^76 Step 8: 66, , ; , , , Step 9 : 68, , , , , , Step 10 : 70, , , , , , al2

35 pw SALARY SCHEDULE Effective: January 1, 2011 Covering Employee Relations Groups: A P R S Range: v Increment: 3, , , , , , Step* 65, , , , , , Step 2 68, , , , , , Step 3 72, , , , , ,956,08 Step 4 75; , , , , ,916:30 Step 5 78, , , : 90, , , Step 6 81, , ,356,41 93, ,122,68 102,836,74 Step 7 84, , , , , , Step 8 87, , , ,808,86 105, ,757,18 Step 9 90, , , , , , Step 10: 93, , , , , ,677.62, Range: v Increment: 4, , , , <5, , Step 1 86, , ; , , ,838,68 Step 2 91, , , , , , Stepi 3 95, , , , , , Step 4 99, , , , , , Step 5 103, , , , , ,230:64 Step 6 107, , ,422,57 130, , , Step 7 111, , , , , , Step 8 116, , , , , , Step 9 120,244,10? 126, , , , ,622:60 Step 10: 124, , , , , , m Range: 41 Increment: 6, Step 1 126, Step 2 132, Step 3 138, Step 4 145, Step 5 151, Step 6 v157, Step 7 163, Step 8 169, Step 9 175, Step 10: 181, w 141 al3

36 SALARY SCHEDULE Effective: July 1, 2013 Covering Employee Relations Groups: A P R S Range: Increment: , , , , , Step 1: 23, ; ,309,07 26, , , Step 2:: 24, , , , , , Step 3: 25, , ,450,64 28, , ,174:43 Step 4: 26, , , , , , Step 5 : 27, ,364;92 29, , , , Step 6: 28, , , , , , Step 7 : 29, , , , , , Step 8 : 30, , , , , , Step 9: 31, , , , , , Step 10: 32, , , , , , '... ' Range: : Increment: 1, ;1j , , , , Step 1 : 29, , , , , , Step 2: 31, , , , , , Step 3: 32, , , , , , Step 4: 33, , , , , ,099:44 Step 5: 35, , , , , , Step 6: 36, , , , , ,420,28 Step 7 :, 37, "39, , , , ; Step 8 : 39, ,793:46 42, , , , Step 9 : 40, , , , , , Step 10 : 41, , , , , , al4 ess

37 r SALARY SCHEDULE Effective: July 1, 2013 Covering Employee Relations Groups: A^ P R S Range: Increment: 1, , , , , , Step 1 38, , , , , , Step 2 40, , , , , , Step 3 42, , , , , , Step 4 44, , , , , , Step 5 45, , , , , , Step 6 47, , , , , Step? 49, , , , , ,781:42 Step 8 50, , , , , , Step 9 52, , ,755,85 60, , , Step 10 : 54, , , , , , I Range: 21? increment: 2, , , , , , Step , , , , , , Step 2 52, , , , , , Step 3 55, , , , , , Step 4 57, , , , , , Step 5 60, , , , , , Step 6 62, , , , , , Step 7 64, , , , , , Step 8 67, , , , , , Step 9 69, , , , , , Step 10 : 71, , , , , , B 8 I. ' 8 8 v al5

38 SALARY SCHEDULE Effective: July 1, 2013 Covering Employee Relations Groups: A ' P R S Range: ; Increment: 3, , ,455.05,3, , , Step 1 : 66, i 69, v , , , Step 2: 69, , , , , , Step 3: 72, , i 79, ' 83, , ,865*64 Step 4: 75, , , , , ,865,46 Step 5: 79, , , , , , Step 6: 82,220.58,86, ; , , , Step 7: , ,705.02,98, , , Step 8 : 88, , , , , , Step 9 91,623>12 96, , , , , Step 10 :,< 94, , , , , , Range: ^ :40 Increment 4, , o 4, , , , Step 1 : 87, , , , , , Step 2: 92, , ,100,28 111, , , Step 3: 96, , , , , , Step 4: 100, , , , , ,766,48 Step 5: 104, ( , , , , Step 6 : : 108, , , , , ,579,42 Step 7: ; 113, , , , , , Step 8 :. 117; , , , ; , Step 9: 121, , , , , , Step 10: 125, , , , , , Range: 41 Increment: 6, Step 1 : 127, Step 2: 134, Step 3: 140, Step 4: 146, Step 5: ; 152, Step 6: v 158, Step 7: 165, Step 8: 171, Step 9: 177, Step 10 : 183, a 16

39 IB SALARY SCHEDULE Effective: July 1, Covering Employee Relations Groups: A P R S Range : / 08 Increment: , , , , , Step 1 23, , , , , ,191,57 Step 2 24, ,751,98 26, : 27, , ,455,78 Step 3 25, , , , , , Step 4 26, i , , v 31, ,984;18 Step 5 27, , , , , , Step 6 28, , , , , ,512:59 Step 7 29, , , ; , ,776>80 Step 8 30, , , , > ,041,00 Step 9 : , , , , , Step 10 : 32,612.69, 34, , , , , v ' ' 1. Range : 09; v: Increment: 1, , , , ; 1, , Step 1 30, , : 33, , V 36, , Step 2 31, , , , , , Step 3 33, ,559.80? 36, , V 39, , Step 4 34, , , , , ,836,18 Step 5 35,755.78, 37, , , , , Step 6 37, , , , , , Step 7 38, , , , , ,904i61 Step 8 39, , , , , , Step 9 41, , , , , , Step 10: 42, , , , , , s;,'. 7.;', ii I 145 al7

40 SALARY SCHEDULE Effective: July 1, 2014 Covering Employee Relations Groups: A> P R> S Range : :: 15 v; K 18. a-: Increment: 1, :1^ , *^2) ) , Step 1 : r ~ 39, K 41, , , , , Step 2 : r 41, ; 43, , , ) , Step 3 : 43, ) , ' , ,79648 Step 4: < ) , , ) , Stfep 5 : 46, : 48 j 686;38 50, , , ,32Q;54 Step 6 : 48) ) , , ; 57, ,596;07 Step 7 : ; 50, e 52) , } 57) ,60) , Step 8 : i 51 > i 54, , v 59, v 62) ,129,12 Step 9 : 53,640.62,56j ; 58, , , Step 10 55, , ) , ; 66) , M : V^ Range: -U!21., \;r 22. ' ;? 23? 24 >H. 25 '. r'. s 26v Increrrient: V 2, , ) , , , Step 1 : ; 51, , , , ,784,21 64,67710 Step 2: i 53, , , A 61) Y 64, , Step 3 : :, ; ) , ; 67)569.98, 70,751,48 Step 4: ; 58, : 61, , : * 67, ,462,87 73,788,67 Step 5 :.. : 61, V 63, ) , , ,825i86 Step 6: 63, , , , , , Step 7 :, 65, , , , , , Step 8 : 68) ; 71, , ' 78, , , Step 9: 70, ) , , , ,974;62 Step 10 : 72, , , ) , , m M IP ".'.'. isy. X'0- yassfs

41 SALARY SCHEDULE Effective: July 1, 2014 Covering Employee Relations Groups: A P R S Range : Increment: 3, , , , , , Step 1 67, , , , , , Step 2 70, , , , , , Step 3 74, , , , , , Step 4 77, , , , , , Step 5 80, , , , , , Step 6 83, , , , , , Step 7 86, , , , , , Step 8 90, , , , , , Step 9 93, , , , , , Step 10 : 96, , , , , , $ Range: Increment: 4, , , , , , Step 1 89, , , , , , Step 2 N 93, , , , , , Step 3 97, , , , , , Step 4 102, , , , , , Step 5 106, , , , , , Step 6 110, , , , , , Step 7 115, , , , , , Step 8 119, , , , , , Step 9 123, , , , , , Step 10 : 127, , , , , , Range: 41 Increment: 6, Step 1 130, Step 2 136, Step 3 142, Step 4 149, Step 5 155, Step 6 161, Step 7 ^168, Step 8 174, Step 9 180, Step 10 : 187, al9

42 announcement shall include a description of the job, any required qualifications, the location of the vacancy, the salary range, the hours of work and the procedure to be. followed by employees interested in making an application.. B. Copies of each notice posted will be forwarded to the appropriate local Union office. C. It is understood that the job vacancy announcement process described above shall not hinder the appointing authority in filling the vacancy'at the earliest time and is for informational purposes only.... ARTICLE 15 CIVIL SERVICE COMMISSION EXAMINATIONS Employees who are. scheduled to take open competitive examinations for the position in which the employee is provisional or promotional examinations administered by the Civil Service Commission of the State of New Jersey for positions in the State service shall be granted time off with, pay including necessary travel time to take such examinations if they are scheduled during the work, shift of the employee. Such privileges may not be abused. This Article does, not apply to the.unclassified service. < ARTICLE 16 PERFORMANCE ASSESSMENT REVIEW. All employees covered by this Contract shall be evaluated pursuant to the Performance Assessment Review procedures set forth in the Rules and Regulations of the Civil Service Commission.,... A. GENERAL PROVISIONS 1. The PAR program-shall use standardized forms and rating scales to be designated by the Civil Service Commission and a three-level rating scale to include the following ratings: i. Exceptional;... ii. Commendable; and. - iii. Unsatisfactory Each appointing authority shall establish standardized rating cycles with a duration of one year. Within a particular standardized rating cycle, employees shall be rated at the same time, twice a year, with the interim and final ratings being six months apart. 3. Each appointing authority shall maintain an employee's PAR evaluations in his or her personnel records Upon request by the Union, but not more than once per year of this Agreement, the State will provide a report of final PAR ratings for CWA unit members broken out by department and by gender, race, and age, for a twelve-month period specified by the Union. The report will be provided, within fifteen (15) calendar days of the request. The first such request shall not. be before August 1, , 5. The,Civil. Service Commission may modify the PAR program based on specific employee or agency needs.... B. PAR PERFORMANCE PLANS 1. An employee and his or her supervisor shall jointly develop a job performance plan consisting of work assignments together with measurable performance standards. The employee shall be provided with a copy of the performance plan, as soon as practicable, but in no event later than seven (7) calendar days, following the PAR meeting. If an employee disagrees with the 31 a20

43 established performance plan, he or she may note such disagreement. The form will be placed in J the employee's personnel file and provided to the employee's supervisor.... ;j 2. A performance plan for each rating period shall be established within a reasonable time J after completion of the previous rating period. New employees shall receive a performance plan ;j within a reasonable time after appointment. ' J 3. A performance, plan shall be established prior to the commencement of the working test period which shall identify the job assignment, include the essential criteria for successful job, performance, and emphasize training and development. f C. EVALUATION PROCEDURE v 1. At the end of six months and at the end of one year, the employee and the supervisor shall review the employee's performance. The supervisor shall designate an interim performance - : rating at the end of six months and a final rating at the end of one year. :...'3 2.. Where the performance, of an employee is unsatisfactory, the designated supervisor will confer with such employee.at least once every three (3) months and shall set forth the deficiencies and improvement goals required to achieve a satisfactory level of performance. -i 3. A record of such conferences shall be made and a copy given to the employee within : two (2) weeks of the conference When there is a change either in job assignment or supervisor during the evaluation 1 period, the old performance plan shall be closed out. The employee's performance during the. gj portion of the rating period under the old performance plan shall be rated and a new performance plan shall be prepared. The final rating shall be a proration of all ratings received during the review period.. v j 5. When there is a change in job title during the evaluation period, the former supervisor I shall assign a final rating for the former performance plan and title. A performance plan for the I new title shall be developed... ' 1 6. When appropriate, performance improvement plans shall be set at each review.. Jj 7. The employee.shall be 'entitled to a copy of the rating. ' D. UNSATISFACTORY RATINGS 1. An employee receiving an annual PAR unsatisfactory rating shall be denied an anniversary date increment.. 2. An appointing authority may request- an anniversary date increment for an employee who was denied an' increment because of receiving an Unsatisfactory rating but whose performance has subsequently improved. If approved by the Civil Service Commission, such increment shall not be effective until a pay period beginning at least 90 days after the employee's anniversary date.,. g E. APPEALS OF PERFORMANCE STANDARDS AND RATINGS J 1, Consistent with N.J.A.C 4A:2-3.4, the Union or an employee may appeal performance p standards or a final PAR rating of Unsatisfactory or Commendable as a noncontractual J grievance in accordance with the grievance procedure set forth in Article 4 of this Agreement, f. 2. In the event the non-contractual grievance has not been satisfactorily resolved at Step j One of the grievance procedure, the Union or an employee may appeal a Step One decision to y : the PAR Joint; Union Management Panel within 10 calendar days of receipt of the written g decision at Step-One, or a lack of timely response by the appointing.authority. The appeal shall be accompanied by material presented at Step One and any written records or decisions from Step One... a. The Joint Union Management Panel shall consist of one individual selected by the a21