1. RIGHTS TO REPRESENTATION IN DISCIPLINARY/INVESTIGATORY MEETINGS
Under New Jersey law all employees within PSA negotiations unit (Faculty, Lecturers and Professional Staff Members) are entitled to PSA representation in any disciplinary meeting or a meeting that may lead to discipline. According to the New Jersey Public Employment Relations Commission (PERC), these rights are identical to the rights afforded unionized employees in the private sector. While, under the NJIT/PSA Agreement, NJIT is required to share written communications concerning discipline (or possible discipline) with the PSA, this may or may not happen. If you are called to a meeting and have any doubt concerning its purpose, and are concerned that it may be disciplinary, the PSA advises that you ask whether the meeting is “disciplinary or may lead to discipline.” If you receive an affirmative response you should immediately ask for a PSA representative. You can also take the same steps if the disciplinary nature of a meeting only becomes apparent after the meeting has commenced. If you have any questions feel free to contact the PSA office, firstname.lastname@example.org.
2. GRIEVANCE PROCESS
Any employee within the bargaining unit or the Association on behalf of any employee of the bargaining unit or on its own behalf may grieve an alleged violation of the Collective Bargaining Agreement or applicable policy(ies), regulations and administrative determinations made without just cause. If you would like more information about a concern you have or a potential grievance, please contact the PSA office to arrange a meeting. While it is your right to file a grievance, you should also know that there may be alternatives to a formal filing —— in any event, you must be aware of any timelines that there may be, so that a grievance is TIMELY.
TYPES OF GRIEVANCES
There are (2) separate types of grievances with exclusive processes:
(1) All grievances except for those involving promotion, and /or tenure denial or non-reappointment of non-tenured faculty are Arbitrable Grievances.
(2) All grievances, by faculty, surrounding determination regarding promotion, and/or tenure and all those regarding non-reappointment of non-tenured faculty fall under Faculty Tenure; Promotion; Non-Reappointment are heard by the University Academic Process Review Committee (ARPC).
The following link provides the specific contract language and procedures involved in a grievance: Article VI Grievance Procedures
The following PDF template can be used as a tool to assist you in formulating your thoughts and ultimately a grievance. This template DOES NOT constitute a grievance submission. Its sole purpose is to help you summarize your concerns/perceived violations and facilitate any meeting you may have with the PSA to discuss a potential grievance and/or filing of a formal grievance.
Grievance Template (.pdf)
Merit Appeals may also be filed. The process, grounds for filing a merit appeal and the timelines are outlined in the Agreement.