Legal assistance necessitated by employee-employer relations shall refer to direct costs for a lawyer, to court costs, or to costs for alternate dispute resolution services. Costs for travel and accommodations for the member are not covered under this policy.

Guidelines

Stage 1

  1. Requests for legal assistance shall be made in writing.

  2. The President and at least one other member of the Executive shall decide whether assistance is granted. When the President is involved in the dispute, a Vice-President shall serve in President’s stead.

  3. Legal assistance at this stage shall be provided on a cost-shared basis, with the Association covering 90% of the cost up to a maximum of 6 billable hours. If the matter is a test case, each additional person will be provided 1 hour of legal assistance up to a maximum of 6 hours.

  4. The Executive shall be briefed by the appropriate legal counsel as the matter proceeds.

Stage 2

  1. Before granting additional support, the Executive shall receive a written report from the appropriate legal counsel.

  2. Upon receipt of the written report, the Executive may approve financial assistance on a cost-shared basis, with the Association covering 90% of the cost up to a maximum of $5000.00. The Executive shall be briefed by the appropriate legal counsel on each request for disbursement.

Stage 3

After the amounts granted under Stages 1 and 2 have been exhausted, the Association, upon the recommendation of the Executive and by majority vote of the membership, may grant such additional legal assistance as deemed necessary by the membership

Appeal

Decisions rendered by the Executive under Stages 1 and 2 may be appealed to the membership during a duly constituted general meeting.

The following section on Maintenance of the Legal Fund was passed at AGM June 2001.

Recovery of Legal Costs

The following principles will guide the Executive in decisions affecting funds disbursed for legal costs:

  1. All legal costs will be sought in court action.

  2. Two percent of the financial settlement shall be returned to the fund, but in no case shall this amount exceed the legal costs of the settlement.

  3. The repayment terms shall not extend to salary or pensionable income beyond the first year of any repayment schedule.