employee organization if the NJEA agrees that the matter is precedential for NJEA members; c. an effort by an NJEA affiliate to organize, secure or retain recognition as the representative for a group that includes (or has the potential to include) NJEA members; d. a legal proceeding instituted by one or more NJEA local affiliates or by NJEA on behalf of one or more NJEA members relating to events occurring or actions taken in connection with the employment of said member(s); e. the obligation of one or more NJEA affiliates or NJEA to provide legal assistance pursuant to a duty of fair representation; f. the defense of employmentrelated criminal charges brought against one or more NJEA members; or g. a dispute between the state and/or an agency of the state and one or more NJEA members relating to events occurring or actions taken in connection with employment of said member(s), including but not limited to certification matters before the State Board of Examiners and pension matters before the Board(s) of Trustees of a state pension fund. 2. Damage Suits A suit for damages is rarely supported by NJEA even when it is school employment-related. In the event a financial assistance for a suit for damages is authorized and damages 88 – AR Handbook and/or legal fees and/or courts costs are awarded or agreed upon in a settlement, in favor of the member, NJEA requires full repayment of financial assistance awarded or agreed upon. 3. Third Party Suit Against Member Any dispute filed by a third party such as a parent, guardian, adult student, or other third party against one or more members alleging negligence or intentional harmful or wrongful (tortious) conduct for incidents occurring on school property or during the school day; or during an approved activity or falling within the course of a school employee’s duties shall not be considered an employment-related matter. NJEA shall not provide financial assistance for such matters. 4. Other Ineligible Matters a. NJEA shall not provide financial assistance for any person under charge in a proceeding before the NJEA Hearing Committee on censure, suspension or expulsion of members. b. NJEA shall not provide financial assistance in any matter involving a dispute between the member and one or more members, except where an adverse action is taken by a member in a supervisory or administrative position. NJEA shall not provide financial assistance in any matter involving a member and NJEA or an affiliate of NJEA. Where appropriate, NJEA may offer conflict resolution. c. Other ineligible matters are those illustrated by the list in Appendix B (Illustrative list of Ineligible Employment-Related matters). H. Financial Assistance NJEA shall provide financial assistance to an eligible member with legal advice and representation through an NJEA Network Attorney for an employment-related matter, subject to reasonable regulations which NJEA adopts to implement this policy. NJEA further reserves the right to grant full assistance, a part thereof or none at all depending upon funds available. The determination of an employment-related condition shall be at the sole discretion of NJEA. I. Assistance to Affiliates for Partial Payment of Arbitration Costs 1. NJEA will consider requests for payment of … the initial filing fee with an appropriate agency (e.g., American Arbitration Association); … the arbitrator’s fee; and … the arbitrator’s reasonable expenses. 2. Payment, when approved, shall be in the amount of one-half (1/2) of the affiliate’s share of the initial filing fee, the arbitrator’s fee and reasonable expenses. In order for an affiliate to qualify for and receive financial assistance for these arbitration expenses, an authorized affiliate representative must: a. consult with an appropriate NJEA UniServ representative or other authorized NJEA staff member prior to filing for arbitration;
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