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D. Grievance and Arbitration Cases

1. The NLTA office advices teachers not to resign under pressure, but to contact the NLTA office. Procedures governing the appointment and dismissal of teachers, and grievance and arbitration procedures available to all teachers are contained in the Collective Agreement. [Nov/27/08] [JC Feb/09] [2009 BGM]

2. a) Following appropriate investigation of each case by a Programs and Services Administrative Officer, Programs and Services, through the Assistant Executive Director, is authorized to grant/deny a teacher’s request for consent of the NLTA to proceed to arbitration.

b) Consent to proceed to arbitration shall be given only in cases where the arbitration has the support of the Association.

c) Support of the Association for the arbitration will be based on the recommendation of administrative staff in Programs and Services in consultation with the legal firm retained by NLTA. [May/27-28/05] [JC Nov/05] [2007 BGM]

3. a) A member, if denied consent to proceed to arbitration by Programs and Services, will have the right to request that the decision be reviewed in writing by Table Officers, and such a request shall be made to the Executive Director within 30 days of receiving notification that consent is being denied. [Feb/18-19/15] [2015 BGM]

b) Table Officers shall determine whether Programs and Services acted fairly and reasonably in denying consent. In addition to considering the merits of any complaints, where a member appeals more than once, Table Officers may consider whether that appeal is frivolous, vexatious or otherwise an abuse of process, and dismiss that appeal on one or more of those grounds. The decision of Table Officers shall be final. [Feb/18- 19/15] [2015 BGM]

c) i) Should the member’s appeal be upheld by Table Officers, costs incurred by the appellant in bringing the appeal shall be borne by the Association in accordance with NLTA expense policies.

ii) Should the appeal be denied by Table Officers, the appellant will be responsible for one-half (½) of the costs incurred, up to a maximum of $500, in bringing the appeal. Costs accruing in this context, will be in accordance with NLTA expense policies.

iii) With regard to c) i) and ii) above, any legal costs incurred by the member in bringing the appeal before Table Officers will be the entire responsibility of the appellant. [May/27-28/05] [JC Nov/05] [2007 BGM]

4. In arbitration cases, the NLTA will pay its share of the costs as per Executive policy.

5. For hearings of Boards of Arbitration, the NLTA shall pay, on behalf of the grievor, expenses approved in advance, where necessary, and in keeping with Association policy. These expenses are to be verified by the administrative officer assigned to the case. [Feb/18-19/15] [2015 BGM]

6. NLTA will not publish specific details of grievance or arbitration cases using names, places, or dates. A brief summary of the awards in all arbitration cases is to be placed in the NLTA Bulletin. A general report will be made biennially to Convention by Executive and will be published in the NLTA Bulletin. The report will contain only:

a) The number of cases handled.

b) The number still not resolved.

c) The number resolved to the teacher’s satisfaction.

d) The number resolved to the satisfaction of the other party or parties.

e) The articles of the Collective Agreement which were involved. [Aug/26-28/85]