18A:64A-71 - Employees;  rights;  tenure

18A:64A-71.  Employees;  rights;  tenure
    The employees of the private institution and the full-time employees of the  institute shall be employees of the county college and shall be subject to the  provisions of P.L.1941, c. 100 (C. 34:13A-1 et seq.).  Existing tenure rights,  contractual agreements, and all rights or protections provided employees under  any pension law or retirement system or any other law of this State shall be  fully protected by the board of trustees of the college; however, this shall  not apply to any provision in any contractual agreement of employees of the  institute which would affect the provision of subsection c. of this section  regarding faculty rank.

    a.  The county college shall employ as many of the shared administrative and  clerical employees of the county vocational board of education under the same  salary and benefits as are provided by their current employment as the board of  trustees may agree is reasonable and necessary.

    b.  Any nontenured faculty member employed by the private institution as of  the effective date of this act may elect to be considered for tenure under the  provisions of section 3 of P.L.1973, c. 163 (C. 18A:60-8) or under provisions  of the collective bargaining agreement in effect between the private  institution and the faculty union as of the effective date of this act.

    Any nontenured faculty member employed by the institute as of the effective  date of this act may elect to be considered for tenure under the provisions of  section 3 of P.L.1973, c. 163 (C. 18A:60-8) or N.J.S. 18A:28-5.

    On or before October 1, 1982, each nontenured faculty member shall notify the college president in writing of his choice for tenure consideration.  Any faculty member not filing a written notice in the prescribed manner shall be considered for tenure under the provisions of section 3 of P.L.1973, c. 163 (C.  18A:60-8).  All faculty initially hired by the county college after the effective date of this act shall be governed by the provisions of  "The State and County College Tenure Act," P.L.1973, c. 163 (C. 18A:60-6 et seq.).

    The provisions of this or any other law notwithstanding, any faculty member  who is not under tenure as of the effective date of this act shall not be  tenured until the college board of trustees shall affirmatively act to confer  tenure.

    c.  All faculty members who are presently employed by the institute shall be  evaluated through a procedure agreed to by a faculty committee of both institutions and placed in a faculty rank by the board of trustees no later than June 30, 1983.

     L.1982, c. 42, s. 22, eff. July 1, 1982.