1. PURPOSE

1.1 The purpose of this fund shall be to provide financial assistance to member associations in the event of an emergency or a developing emergency, pertaining to arbitration, court action or action before the Industrial Relations Board.

2. AMOUNT

2.1 The fund shall be established annually by the Board in the budget of the Federation. Any unexpended amounts and the interest generated therefrom by investment shall be held in a Reserve Fund for use by the Fund Committee and the Board, pursuant to article 3.4.

3. FUND COMMITTEE

3.1 The Board of the Federation shall appoint a committee to administer the fund, hereinafter known as the Emergency Legal Defense Fund Committee or the Committee.

3.2 The Committee shall have three members, appointed for terms of office determined by the Board. The Board shall appoint one of the three persons to chair the Committee. Any vacancies occurring shall be filled by the Board in a timely fashion. The Board shall also appoint an alternative member, who shall serve on cases where a member is unable to serve. The Executive Director of the Federation shall be an ex-officio, non-voting member and shall maintain the records of the Committee.

3.3 Members of the Committee shall be persons who have had considerable experience in faculty association affairs.

3.4 Applications for financial assistance shall be transmitted through the Executive Director to the Emergency Legal Defense Fund Committee. The Committee shall decide on the level of assistance to be granted, which shall be within the range of $0 to a maximum of the sum in the annual budget for any application. Where the Committee decides that expenditure on a case or cases of more than this maximum is warranted, it shall advise the Board as to the additional amounts required. The Board shall then decide whether to increase the Fund above the budgeted level. In such event, the Board may draw on the Reserve Fund. In all cases, the Committee shall decide the level of assistance, within the overall limits set by the Board.

4. CRITERIA

4.1 The Committee shall determine its own procedures which shall be fair and reasonable. It shall advise the Board of its procedures.

4.2 The Committee shall use the following criteria in deciding on applications for financial assistance from the fund:

(i) the assistance shall not be used for services which duplicate services available from CAUT;

(ii) the case for which assistance is requested shall normally present a reasonable prospect of success at the outset, in the opinion of the Committee, but subsequent loss of the case shall not be a reason for denial of financial assistance from the fund;

(iii) the position of the member association in the case for which assistance is requested shall not be in substantial conflict with the CAUT Policy Statements on Academic Freedom, Non-Discrimination, Positive Action to Improve the Status of Women, Academic Appointments and Tenure, or Collective Bargaining, in the opinion of the Committee;

(iv) where applications are received from two or more member associations, preference shall be accorded to the smaller and/or financially weaker associations;

(v) all applications shall be accompanied by a statement explaining the nature of the case and financial need of the member association for the assistance requested, together with relevant documentation.

4.3 Applications to the Committee shall be accompanied by sufficient documentation to enable the Committee to decide whether the criteria are satisfied.

4.4 Exceptions to criterion 4.2 (ii) may be made where warranted by significant political consideration.

5. APPEALS

5.1 Applicants may appeal unfavourable decisions by the Committee to the Board. The Board may substitute its own decision for that of the Committee only when the Committee has been unreasonable or arbitrary, in the opinion of the Board.