AR Handbook – 89
b. show evidence that every effort
has been taken to resolve the
grievance at all possible levels
before a determination is made
to proceed to arbitration; and
c. submit the following items to
the NJEA UniServ representative
who shall forward the material
to the program manager:
i. The appropriate NJEA request
form for reimbursement.
ii. A copy of the bill for the initial
filing fee which reflects the
amount paid in order to obtain a
list of arbitrators.
iii. A copy of the bill which clearly
enumerates the arbitrator’s fee
and reasonable expenses.
d. Request for financial assistance
of these fees and reasonable
expenses shall be considered on
a case-by-case basis. Assistance
may be recommended at the
discretion of the NJEA PR&R
Committee after consideration
of all the facts present and
consultation with an NJEA
UniServ representative or other
authorized NJEA staff member.
e. The ordering of transcripts
is discouraged. Payment of
the cost of transcripts shall
be considered only when
recommended and approved by
the program manager.
J. Assistance to Affiliates for
Full Payment of Arbitration
Costs
1. NJEA does not normally
provide full financial
assistance for arbitration
expenses. However, NJEA
may provide full assistance
toward the affiliate’s share
of the arbitrator’s expenses
providing the affiliate can
demonstrate financial
hardship.
2. In order for full financial
assistance to be considered
by the NJEA PR&R
Committee, an affiliate must
follow paragraphs a., b., and
c. above.
3. An affiliate shall provide a
copy of the current budget
and an up-to-date financial
statement including the
status of all bank accounts
and/or investments.
4. An affiliate must have in
place a dues structure that
is reasonably comparable to
other similar local affiliates.
K. Impasse Funding
1. Fact finding
NJEA shall provide assistance for
fact finding costs in the same manner
as payment of Arbitration costs.
2. Conciliation/Supermediation
NJEA will shall provide assistance
for the costs of conciliation/supermediation
in the same manner as
payment of arbitration costs.
General Procedures
A. Commencement
1. Prior to the assignment and/
or retention of an attorney,
an individual member or an
authorized representative of an
affiliate shall consult with an
NJEA UniServ representative
or other authorized NJEA staff
member.
2. NJEA UniServ representative
or other authorized NJEA staff
member shall seek to resolve the
problem prior to requesting the
use of an attorney.
3. In order to utilize the services
of a network attorney, the
NJEA UniServ representative or
authorized NJEA staff member
shall request approval for the use
of an attorney from the program
manager.
4. Based on the merits of each
case under the current state
of law, the program manager
shall either approve utilization
of a network attorneys for
consultation, approve financial
assistance and assign a network
attorney or deny financial
assistance. Approved cases
shall be assigned an NJEA
case number by the program
manager.
5. Before a network attorney
begins consultation or other
appropriate legal work,
the attorney must be given
the designated NJEA case
number by the NJEA UniServ
representative or appropriate
NJEA staff member.
6. After consultation, prior to
litigation, the network attorney
shall submit recommendations
with appropriate rationale in
writing to the NJEA UniServ
representative and program
manager. No litigation shall be
initiated without approval of the
program manager.
7. Prior to consultation with a
network attorney, the individual
member or the authorized
representative of the affiliate
shall complete the appropriate
application and agreement for
legal financial assistance.
8. The member and/or affiliate
shall be provided with the
current NJEA policy regarding
legal financial assistance.
9. Approval for consultation with
a network attorney shall be
automatic in cases involving
tenure dismissal charges served
by employers on members.
10. NJEA shall not bear any
financial responsibility in
matters where these procedures