Legal Services

NSTU Guidebook/Operational Procedures Excerpt

Operational Procedures Section III – Economic Welfare & Working Conditions

29.   Grievance, Arbitration and Legal Protection

A.   Grievances

In the case of a grievance under the Provincial or Regional Agreement, requests for legal assistance are handled as follows:

1. 1. The member or in the case of a Regional Agreement the Regional Grievance Committee, consults with the assigned Executive Staff Officer, after which the Executive Staff Officer determines whether the NSTU will carry the grievance forward to arbitration.

   2. If the member or Regional Grievance Committee does not agree with the Executive Staff Officer’s decision, an appeal of the decision may be made in writing to the Executive Director by using Form A within fourteen (14) calendar days of receiving the Executive Staff Officer’s decision. The decision of the Executive Director on whether the NSTU will carry the grievance is final.

   3. When the NSTU determines that the grievance will be referred to arbitration, the NSTU, after consultation with the member and/or the Regional Grievance Committee, makes all decisions relating to the carriage of the grievance, including, but not limited to, instructing counsel and making strategic decisions including withdrawing or settling the grievance prior to or during arbitration.

   4. Notwithstanding A II, if the grievance arises from the suspension, termination, or discharge from employment and the member does not agree with the Executive Director’s decision regarding the NSTU’s carriage of the grievance, the member may appeal within fourteen (14) calendar days of receipt of the Executive Director’s decision in writing to the Provincial Executive by using Form D. The decision of the Provincial Executive on whether to assume carriage of the grievance is final. All other provisions of A. apply to the provision of legal services in this instance.

B.   Arbitration Procedure Fees

1. 1. Interest Arbitration
      The maximum cost to each Local in a bargaining unit of an Interest Arbitration, full or partial, or any part thereof, shall not exceed five dollars per capita ($5.00/capita) for the Locals concerned.

   2. Rights Arbitration
      The maximum cost to each Local in a bargaining unit of a Rights Arbitration, full or partial, or any part thereof, shall not exceed five dollars per capita ($5.00/capita) for the Locals concerned.
      In the above cases, costs:
      
      1. shall be those associated with preparing and presenting a case;
      2. shall not include staff expenses or such others as the Union ordinarily incurs; and,
         
      3. may be appealed by a Local to the Provincial Executive for a reassessment.

C.   Grievance Procedure – Documentation and Fees

Pursuant to Article 42 of the Teachers’ Provincial Agreement, once a formal grievance has been initiated, the NSTU will provide written confirmation to the Grievor(s) as each stage of the grievance procedure has been concluded and inform the Grievor(s) of the direction the NSTU plans to proceed.

1. 1. The maximum cost to each Local in a bargaining unit of a grievance procedure, full or partial, or any part thereof, shall not exceed five dollars per capita ($5.00/capita) for the Locals concerned.

   2. Requests for legal opinions that affect all members of the bargaining unit:
      1.  must come from the bargaining unit; and

      2. will be charged back to each Local in the bargaining unit at a rate not to exceed one dollar per capita ($1.00/capita).

   3. Any requests for legal opinions from a Local may be charged back to that Local at a rate not to exceed one dollar per capita ($1.00/capita).

D.   Criminal Matters

In the case of a criminal charge arising from the member’s employment, requests for legal assistance are handled as follows:

1. 1. The member consults with an Executive Staff Officer, after which the Executive Staff Officer determines if legal services will be provided by the NSTU.

   2. If the member does not agree with the Executive Staff Officer’s decision, the member may appeal the Executive Staff Officer’s decision in writing to the Executive Director within ten (10) calendar days of receiving the Executive Staff Officer’s decision by using Form E. The decision of the Executive Director on whether to provide legal services is final.

   3. If the NSTU determines to provide legal services, the NSTU has the right to be kept informed of developments and strategy and to be consulted by legal counsel. The provision of legal services may be withdrawn by the NSTU if the member fails to aid and co-operate with NSTU and its appointed legal counsel and/or fails to reasonably follow the advice and direction or follow the reasonable advice of the NSTU and its appointed legal counsel. As well, the NSTU may place monetary and other reasonable restrictions on the provision of legal services.

E.   Authorization of Legal Fees

The NSTU will not be responsible for any bills for legal services that have not been authorized by an Executive Staff Officer, Executive Director or Provincial Executive in advance.

(The Forms referenced here are available from the NSTU Member Services Department)

F.   Representation by NSTU Staff for a Member Acting as a Parent/Guardian

A member, acting as a parent/guardian, who brings a complaint against another member, shall only be represented where the case is related to their employment.

Reference: OP21 amended by substitution January 2019; amended January 2021