Bill > A2368

This bill clarifies the process for public school districts, referred to as "employers," when entering into subcontracting agreements, which means outsourcing work or services previously done by their employees. It establishes that decisions regarding subcontracting, including matters like severance pay, are mandatory subjects of negotiation with employee representatives. The bill prohibits employers from entering into subcontracting agreements that affect employees in a union during the term of an existing contract, and for future agreements, employers must provide at least 90 days' written notice to the union and the New Jersey Public Employment Relations Commission (PERC), and offer the union an opportunity to discuss and negotiate the impact of subcontracting. Employees displaced by subcontracting will retain their seniority and have recall rights. Violations of this act are considered unfair labor practices, and affected employees or unions can file a charge with PERC, potentially leading to remedies like reinstatement, back pay, and attorney's fees. The bill also clarifies that it adds to existing employee rights and does not authorize subcontracting that is otherwise illegal.