18A:64O-42 New Jersey City University employees, merger with Kean University.
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/nj/title-18a/chapter-64o/18a-64o-42·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
9. a. Nothing in the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.) shall be construed to deprive any employees of New Jersey City University, upon employment with Kean University, of their rights, privileges, obligations, or status with respect to any State pension, retirement, or health benefits.
b. Upon the merger of New Jersey City University and Kean University, and the receipt of any required notifications and prior approvals from State or federal authorities and any applicable accrediting bodies, employees of New Jersey City University shall be considered as new employees of Kean University and subject to the employment policies, procedures, rules, and regulations established by Kean University for its existing employees. Any collective negotiations agreement or individual employment contract agreement between New Jersey City University and any of its majority representatives or individual employees in effect on the date of the merger shall be deemed expired and null and void.
c. Employees of New Jersey City University who are represented for purposes of collective negotiations shall, upon transfer of employment to Kean University, be included within the collective negotiations unit at Kean University in which the employee’s title has been recognized for purposes of collective negotiations at Kean University. Thereafter, such employees shall be entitled to the terms and conditions of employment included in the applicable collective negotiations agreement between Kean University and the employee’s majority representative.
If an employee’s title is not recognized by any collective negotiations unit at Kean University, then Kean University or any majority representative may utilize the procedures for unit clarification established in the regulations of the Public Employment Relations Commission to determine whether the employee shall continue to be represented by an existing majority representative at Kean University or included within another Executive Branch bargaining unit as defined by section 1 of P.L.2005, c.142 (C.34:13A-5.10) consistent with the procedures established in the “New Jersey Employer-Employee Relations Act,” P.L.1941, c.100 (C.34:13A-1 et seq.).
d. Nothing in the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.) shall be construed to affect the Civil Service classification status, if any, of any former employee of New Jersey City University upon employment with Kean University. All such employees who are employed in a Civil Service title that is subject to a working test period pursuant to N.J.S.11A:4-15 shall be required to undergo a working test period administered by Kean University to determine whether the employee can satisfactorily perform the duties of the title in accordance with Civil Service Commission regulations.
Kean University shall have the discretion to waive the working test period of new employees who were formerly employed by New Jersey City University. Any collectively negotiated agreement entered into between Kean University and a majority representative of Kean University or New Jersey City University employees regarding the impact of the merger on employment conditions shall be enforceable notwithstanding any provisions of the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.) or any other law to the contrary, in accordance with the terms of the negotiated agreement.
e. Nothing in the “Kean University – New Jersey City University Merger Act,” P.L.2025, c.218 (C.18A:64O-34 et al.) shall limit Kean University from taking any personnel action that may be required in its discretion, subject to Civil Service requirements and the terms of any applicable collective negotiations agreements, if any, including, but not limited to, restructuring, reorganization, privatization of services, and employee layoffs. Kean University shall engage in good faith consultations with affected majority representatives with respect to any restructuring, reorganization, privatization, or employee layoffs it may seek to undertake after assuming responsibility for New Jersey City University’s former employees.
f. Upon employment with Kean University, former New Jersey City University employees holding a faculty position shall not retain seniority acquired while employed by New Jersey City University. Notwithstanding this subsection, employees holding a faculty position who acquired tenure with New Jersey City University pursuant to section 2 of P.L.2013, c.235 (C.18A:60-16) shall be hired by Kean University with tenure. Former employees of New Jersey City University holding a faculty position who are hired with tenure by Kean University pursuant to this subsection shall maintain their academic rank and shall not be counted toward any limitations established on the total number of new full-time tenure-track faculty members hired at the institution.
L.2025, c.218, s.9.