Rutgers Law

New Jersey Statutes, Title: 34, LABOR AND WORKMEN'S COMPENSATION

    Chapter 21:

      Section: 34:21-17: Actions required by awarding authority prior to terminating service contract, contracting out services previously performed by covered entity, selling

          2. a. Not less than 15 days before terminating any service contract or contracting out services previously performed by the covered entity, or selling or transferring any property where service employees are employed, an awarding authority shall:

(1) request the terminated contractor to give the successor employer a list containing the name, date of hire, and job classification of each service employee working on the service contract and name and contact information of the employee's collective bargaining representative, if any;

(2) give the successor employer a list containing the name, date of hire, job classification of each service employee currently performing the work to be performed pursuant to the service contract and name and contact information of the employee's collective bargaining representative, if any;

(3) provide written notice to any collective bargaining representative of the affected service employees of the decision to terminate the service contract, enter into a new service contract, or sell or transfer the property;

(4) ensure that a written notice to all affected service employees describing the pending termination of the service contract, entrance into a service contract, or sale or transfer of the property, including the name and address of the awardee, purchaser, or transferee, and the employees' rights provided by this section, are conspicuously posted at any affected work site; and

(5) provide the affected service employees and their collective bargaining representative with the name and address of any successor employer or the purchaser or transferee of the property.

b. A successor employer shall take reasonable steps to ascertain the identity of the affected service employee.

c. Subject to subsection e. of this section, a successor employer shall retain an affected service employee at a covered location for 60 days or until its service contract is terminated, whichever is earlier. No successor employer shall reduce any affected service employee's work hours in order to circumvent the protections provided by P.L.2023, c.128 (C.34:21-16 et seq.). No successor employer shall be required to retain any employee based upon the provisions of P.L.2023, c.128 (C.34:21-16 et seq.) beyond 60 days.

d. A successor employer shall give an affected service employee a written offer of employment and send a copy to the employee's collective bargaining representative, if any. The offer shall state the date by which the service employee is required to accept the offer, and the date shall be at least 10 days after the notice is delivered. An offer shall state the name, address, and telephone number of the successor employer and the name of the individual who is authorized by the successor employer to make the employment offer. The written offer required by this section shall be substantially in the form set forth in section 4 of P.L.2023, c.128 (C.34:21-19) in a language in which at least 10 percent of the employees are fluent. The department shall provide translations in the five most common languages spoken in New Jersey apart from English. A written offer may be sent via electronic mail.

e. A successor employer may retain less than all of the affected service employees during the 60-day transition period only if the successor employer:

(1) finds that fewer service employees are required to perform the work than the predecessor employer had employed;

(2) retains service employees by seniority within each job classification;

(3) maintains a preferential hiring list of those employees not retained; and

(4) hires any additional service employees from the list, in order of seniority, until all affected service employees have been offered employment.

f. Except as provided in subsection e. of this section, a successor employer shall not discharge a service employee retained pursuant to this section without just cause during the 60-daytransition period.

g. The provisions of this section shall not apply if any successor employer, on or before the termination of the service contract, agrees to assume, and to be bound by, the collective bargaining agreement of the awarding authority or contractor, provided that the collective bargaining agreement provides terms and conditions for the discharge or laying off of employees.

h. Any agreement that restricts or hinders the ability of a successor employer to fulfill its obligations pursuant to this section is hereby declared to be contrary to public policy and void.

L.2023, c.128, s.2.

This section added to the Rutgers Database: 2023-11-27 20:54:52.

Older versions of 34:21-17 (if available):

Court decisions that cite this statute: CLICK HERE.