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CTA Group Legal Services Program Summary of Guidelines for Chapters

NOTE: This is a summary of provisions for legal services for CTA chapters.

A. Advice and Consultation
CTA staff attorneys generally provide legal advice to CTA chapters. Staff attorneys represent chapters in matters involving the chapter's role as exclusive representative of employees, including contract enforcement, labor arbitrations (when attorney is needed), and Public Employment Relations Board (PERB) matters. Staff attorneys also advise on Education Code and other statutory matters. In some cases involving statutory disputes with the employer affecting the individual rights of a large group of members, a staff representative will refer a chapter to a GLS attorney.

B. Legal Representation
(1) PERB Proceedings
CTA will pay all attorney's fees and costs in authorized cases, provided the chapter secures the CTA Legal Department's approval before filing or appealing the case and permits CTA to designate counsel.
(2) Other Proceedings
In other precedential or especially significant cases, the Chief Counsel may authorize discretionary funding and representation. In such cases, the chapter is responsible for paying all legal fees and costs not specifically authorized.

C. Participation Requirements
1. The chapter is responsible for paying all attorney fees in excess of the amount authorized by CTA.
2. Legal services will be provided by a CTA staff attorney or by a CTA retained attorney assigned by the Chief Counsel. CTA does not direct or control the professional services provided by GLS attorneys to chapters, but it does determine the matters for which funding will be provided and the amount of such funding.
3. The GLS attorney may require a written professional services agreement with the chapter before proceeding with representation, and if so, such agreement is a condition of CTA's obligation to pay its share of fees.
4. The chapter shall reimburse CTA from any amounts recovered by award, settlement or insurance in excess of actual financial loss, or in any event, which have been specifically designated as attorney fees or legal costs.

 

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