Sweeney-Greenstein ‘Workplace Democracy’ Bill Becomes Law

TRENTON – Legislation sponsored by Senate President Steve Sweeney and Senator Linda Greenstein that will help protect the rights of labor unions in their work on behalf of their members was signed into law today by Governor Phil Murphy. The law, S-2137, entitled “The Workplace Democracy Enhancement Act,” will serve as a safeguard for New Jersey unions and workers if the U. S. Supreme Court rules against the rights of union in the Janus case, which is pending before the Court.

“The Janus case could be a direct assault on unions, their members and all the employees who will be harmed by an anti-union decision,” said Senator Sweeney. “We need to have these protections in place to help protect the rights of unions and the important work they do on behalf of working people and their families. This case is part of a broader national attack on the organizing integrity of unions and the livelihood of working families. Make no mistake about it – they want to weaken unions. New Jersey has a proud history of respecting unions that we will fight to maintain.”

“If the Court rules against unions in the Janus case, it would undermine the rights and protections of unions and public workers by effectively making the entire public sector “right-to-work” in one fell swoop,” said Senator Greenstein. “This law is designed to ensure that unions representing employees in collective negotiations are still able to carry out their duties by having access to the workers they represent. In New Jersey, we value unions and we respect the rights of working families.”

New Jersey is one of 22 states that require “fair share” representation fees allowing workers to make reduced contributions if they don’t want to join the union because they still receive benefits of union representation. An adverse ruling would mean that public sector employees would still benefit from the services of a union without having to contribute.

The rights protected by the law include:

• the right to meet with individual employees on the premises of the public employer, during the work day, to investigate and discuss grievances, workplace-related complaints, and other workplace issues;

• the right to conduct worksite meetings during lunch and other non-work breaks, and before and after the workday to discuss workplace issues, collective negotiations, the administration of collective negotiation agreements, other matters related to the duties of the organization, and internal union matters involving the governance or business of the organization; and

• the right to meet with newly hired employees, without charge to the pay or leave time of the employees, for a minimum of 30 minutes, within 30 calendar days from the date of hire of each employee, during new employee orientations, or if the employer does not conduct new employee orientations, at individual or group meetings.

The law also prohibits a public employer from encouraging employees to resign, relinquish membership in an employee organization, or revoke authorization of the deduction of fees to an employee organization, or encouraging or discouraging employees from joining, forming or assisting an employee organization.