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;