A. 1. This Article shall apply to all members of the unit except teaching faculty, librarians, Demonstration Teachers and Demonstration Specialists-A. Harry Moore School.

2. Whenever a new title is created, or an existing title is changed in the unclassified service in the State Colleges, the State shall assign to such title a unit designation, if appropriate. The State will notify the UNION in writing of such unit designation or elimination of title from the negotiations unit thirty (30) days prior to the effective date thereof. Upon request, the State will provide the UNION with a job specification for each new or changed title, where available, if there is a reasonable basis to believe that the title should be included in the unit. If requested in writing, the State will discuss any such designation with the UNION. In the event the parties cannot reach agreement following such discussions, the dispute may only be submitted to the Public Employment Relations Commission for resolution consistent with its rules and regulations.

B. 1. The normal scheduled hours of work shall not involve split shifts.

2. Professional Staff employees who are released from their regular duties to attend work-associated meetings and conferences, to participate in UNION activities as provided in Article X.F, or to participate in professional improvement programs which include, but are not limited to, activities such as courses and seminars, shall not be required to make up the time missed. Such employees remain responsible for performing all work assignments.

3. Professional staff employees may be eligible to work a flexible time schedule, in which an employee working a standard length work day starts or ends work before or after the core time in that department or applicable employment unit with approval of the appropriate Vice President or designee. The determination of the Vice President or designee is not subject to review.

C. Out of Title Work

1. Professional Staff employees shall be assigned work appropriate to and within their job description as prescribed by the College/University.

2. The practice of assigning out-of-title work to employees on other than an incidental basis shall be avoided. Instances of out-of-title work identified by the UNION and formally brought to the attention of the
College/University shall be corrected immediately or by phasing out such assignment at the earliest time, which shall in any case be no later than sixty (60) days from the time of notification by the UNION. All disputes as to whether the work is within the job description pertaining to the employee(s) involved shall be resolved by appeal pursuant to applicable statute. All disputes concerning the phasing-out period shall be resolved through the grievance procedure.

3. Where out-of-title work assignments are made for longer than thirty (30) calendar days, full-time employees deemed capable of performing the work, where available, shall be given the opportunity to assume such higher out-of-title work in the work unit and shall have the right to
refuse such assignments based on job classification seniority. Where the assignment of out-of-title work in a higher classification title is made for longer than sixty (60) calendar days, the full-time employee shall be paid for those duties performed in that assigned title’s range beginning on the 61st calendar day for as long as those duties are performed. In the event that a dispute arises over the compensation for those duties performed in that assigned title’s higher range, the compensation for such assignment shall be negotiated between the College/University and the Local Union in accordance with the New Jersey Employer-Employee Relations Act. Where such assignments are readily identifiable by the ollege/University, the eligible employees concerned shall be notified and a copy of the notification shall be given to the UNION.

D. Performance-Based Promotions

Full-time professional staff employees who meet or exceed the criteria for performance-based promotion are eligible to be considered for such promotions, which consist of advancement to the next higher title in the
employee’s title series. The next higher title for Program Assistants will be Professional Services Specialist IV. The criteria for performance- based promotion will be established by the College/University and provided in written form for the understanding of all affected employees.

If not already locally negotiated, the procedures for consideration will be negotiated between the College/University and the local UNION. The procedures for consideration utilized in the College/University, if universally applicable, or in a division, department or similar unit in
which the professional staff member is employed, shall be fairly and equitably applied to all applicants and nominees. The College/University recognizes the value of peer input and therefore, the applicant may include, as a part of their promotion packet, recommendations from peers and/or others who are familiar with their work. In the event that a professional staff member is denied a performance based promotion the President or his or her designee shall provide written reasons based on the established criteria for decision. An eligible full-time professional staff employee and/or the employee’s out-of-unit supervisor may submit written application setting forth justification for promotion to the College/University president or designee thereof. The College/University President shall determine whether a promotion shall be granted.

E. Career Opportunities/Structural Promotions

1. Full-time professional staff employees are eligible for career opportunities, which occur when there is a vacancy in a professional staff position at a higher level for which they are qualified. The procedures for career opportunities, including those set forth below, are not applicable to part-time employees, but such employees may be appointed/reappointed to a higher title. If there is an external search, part-time employees may apply for the career opportunity.

2. Announcements, Applications, Recommendations

a. Announcement by the President or designee of the intention to fill a position shall activate the process.

b. The President or designee will indicate whether applicants for the position will be recruited only internally or whether there will be simultaneous internal/external recruitment. If there is a determination that the applicants will be recruited only internally, the position announcement will so indicate. An initial decision that applicants will be recruited only internally shall not later preclude the College/University, after reviewing the internal applicants, from advertising the position externally.

c. The announcement of the career opportunity will include a description of the position, expected educational and professional requirements, the salary range for the position and the name of the appropriate administrator who will receive applications from interested internal candidates.

d. The announcement of the career opportunity will be posted for a period of at least ten (10) working days where personnel notices are normally placed at the College, and will be included in the house organ. At the time the announcement of the career opportunity is posted a copy will be sent to the Local UNION President.

e. Professional staff employees may apply for an announced career opportunity within the time specified on the announcement. The application may be accompanied by any substantiating documentation which the individual cares to submit.

f. All qualified internal candidates will receive an interview for the career opportunity.

g. Each internal candidate will be notified in writing of the President's or designee's decision with respect to his or her candidacy. This decision will indicate that:

1) the applicant has been offered the position, or

2) the applicant has not been offered the position, or

3) the position will now be advertised externally and he or she will continue to be considered for the position together with external candidates.

h. All career opportunities are subject to the affirmative recommendation of the President and the approval of the Board of Trustees.

F. Reclassification

1. A substantial increase in job responsibilities in an existing position held by an employee may make the position eligible for a position reclassification review. Professional staff employees may apply to the first level non-unit supervisor for a position reclassification whenever there is a substantial increase in their assigned job responsibilities.

2. At each College/University, the procedures for position reclassification review shall provide for completion of the process and transmission of a final determination to the affected employee within ninety (90) days from the date of submission of the employee's application. Waivers of the deadline in particular cases may be agreed to by the College/University and the Local UNION. Reasonable requests for waivers will be granted.

G. Staff Meetings

There shall be periodic staff meetings with the appropriate unit director. Professional staff members may suggest items for inclusion on the agenda of such meetings.

H. Each professional staff position shall have a job description, which shall be included in the personnel file of the employee.

I. The procedures governing career opportunities, reclassification and job reevaluations shall be available for review in the College/University Office of Human Resources. If and when a new handbook is published at any College/University, such procedures shall be included therein.

J. With the approval of the appropriate supervisor, qualified full-time professional staff may be permitted to teach courses on an overload basis, if such teaching does not interfere with the primary responsibility of the individual and if it does not violate the provisions of Article XI. C. Such permission shall not be arbitrarily or capriciously withheld. At the option of the College/University and with the approval of the supervisor, qualified part-time professional staff may be permitted to teach courses on an overload basis if such teaching does not interfere with the primary responsibility of the individual and if it does not violate the provisions of Article XI. N.

K. Each College/University shall locally negotiate a program of professional development leaves aimed at improving professional skills mutually beneficial to the College/University and the employee.

After consultation with the Local UNION, the College/University will publish the criteria for the standards by which the proposals will be reviewed and approved.

Each applicant will submit a written proposal to the appropriate supervisor, who will review it and make a recommendation to the unit director. The director will in turn submit the supervisor's recommendation and the director's own independent recommendations to the President or designee thereof, who may approve or disapprove the proposal, or accept it in modified form.

L. The provisions of Article XVII.F shall be applicable to members of the professional staff for which parallel 10-month titles exist.

M. The applicable career opportunity and promotion procedures shall be fairly and equitably applied to all internal candidates.

N. Article VII of the Agreement shall apply to career opportunities and promotions under the same terms and limitations as such Article applies to faculty promotions.