AR Handbook – 87
an NEA Reserve member if
the individual is no longer
eligible to be an Active
Professional or Active
Supportive Member or a
Retired Member under the
NJEA Constitution and
Bylaws, but is eligible to be
an NEA Reserve member
under the NEA Bylaws,
Bylaw 2-1f. (See Appendix
A.)
2. NJEA Retired Member
a. Individual must have been an
Active Professional or Active
Supportive Member on the date
of the occurrence giving rise
to the need for legal services.
ndividual must have been a
Retired Member on the date he/
she requests legal services.
b. Individual must maintain
continuous retired membership
while receiving financial
assistance for legal services.
3. NEA Reserve Member*
a. Individual must have been an
NJEA Active Professional or
Active Supportive Member
on the date of the occurrence
giving rise to the need for legal
services.
b. Individual must be an NEA
Reserve Member on the date
he/she requests legal services.
Individual must maintain
continuous NEA Reserve
membership while receiving
financial assistance for legal
services or become an NJEA
active member if individual is
re-employed in a public school
district while receiving financial
assistance for legal services.
The Legal Services Program Manager
at his or her discretion may waive
eligibility requirements for good
cause.
Exceptions include:
1. A new employee shall have
a grace period of thirty (30)
days from his/her initial
date of employment to join
NJEA. In order to receive any
consideration for financial
assistance related to an incident
within the thirty (30) day grace
period, the new employee must
join NJEA within the thirty (30)
day period.
2. An employee who was a cash
payment member in the
previous year or who was on
leave of absence must join
within thirty (30) calendar
days of the first day of active
employment during each
school/academic year. In order
to receive any consideration for
financial assistance related to an
incident which occurs within
the thirty (30) day grace period
said employee must join NJEA
within the thirty (30) day grace
period.
E. Network Attorneys
Cases processed under the program
will only be assigned to attorneys
who are on the approved NJEA Network
Attorney list.
F. Use of Non-Network
Attorneys
In order for a member or an affiliated
to received NJEA PR&R
assistance under this program, a
network attorney must be utilized.
The program manager, at his or her
sole discretion and subject to the
approval of the NJEA Professional
Rights and Responsibilities (PR&R)
Committee chair, may grant exceptions
to this policy when the circumstances
of the matter prevent such
legal services from being provided
by a network attorney and make it
necessary that a non-network attorney
utilized.
The request from a member or an
affiliate to utilize the services of
a non-network attorney must be
submitted in writing to the program
manager.
The member or affiliate and the
UniServ representative may be
required to appear before the PR&R
Committee.
If the circumstances warrant the use
of a non-network attorney, the attorney
must be approved, in writing,
by the program manager prior to
providing services at NJEA expense.
This non-network attorney shall be
paid at the NJEA approved rate.
NJEA shall have no obligation to
pay, in whole or in part, the fees
and expenses of an attorney who is
independently retained by a member
or an affiliate unless the retention of
the attorney is in accordance with
the process described above.
G. Employment-Related Matter
1. “Employment-related matter”
shall mean any matter
involving:
a. a dispute between a school
district, college or other
institution involved in the
teaching-learning process
and
i. one or more of its
employees who are
NJEA members;
ii. one or more of its
employees who are
not NJEA members if
NJEA or one or more
of its local affiliates is
obligated to provide
legal assistance pursuant
to a duty of fair
representation; or
iii. one or more local
affiliates of NJEA;
b. a dispute between an
employer and one or more
of its employees or an