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April 2003 [current]
Contents:
from the President: THE
RIGHT TO ORGANIZE: Myth or Reality?
NACST 2003 Leadership Conference
NACST 2003 Leadership Conference: Issues
The Why & How of Organizing
USCCB Congressional Advocacy
Days
Who
Goes to Our Schools? Who Staffs Our Schools?
NACST Members & Organizing
Previous Issues
NACST
2003 Leadership Conference
Presidents of 13 NACST affiliates met for
the biennial Leadership Conference February 14-16, 2003. The conference
theme was "Legal Issues Affecting Catholic Teacher Unions."
Seminars were presented by NACST Legal Counsel
Bruce Endy. Endy presented information on the topics of Liability
of Union Officials, the Duty of Fair Representation, Specific Issues in
Grievance/Arbitration, as well as Sexual Harassment Policy/Law.
The information presented was grounded in
Endy's review of the history of federal law applicable to labor unions
in general, and Catholic school unions in particular.
Federal legislation from the Landrum-Griffin
Act [establishing the US Department of Labor] through the Taft-Hartley
Act [establishing the NLRB] and various federal judiciary decisions affect
the operation of Catholic teacher unions. Although the 1979 US Supreme
Court's Chicago Bishops decision removed Catholic teachers from the jurisdiction
of the NLRB, there is still a significant body of federal law and policy
which has an impact on the operation of Catholic school teacher unions. |
NACST 2003 Leadership
Conference: Issues
Liability of Union Officials
Generally, union officers are not liable for harm allegedly experienced
by employers because of negotiated contracts. Union officers have
the responsibility to disavow acts which members may take causing some
kind of injury to employers.
Specific Issues in Grievance/Arbitration
Generally, union officers have the responsibility to act in good faith
to process member grievances which the officers judge to be meritorious.
The grievance/arbitration clauses in a contract are ultimately enforceable
in court. When considering specific cases, arbitrators will look
to "other sources" besides contract language. Simply, a written contract
cannot cover every single aspect of the working relationship [if it did,
every written contract would require volumes in print]. Because of
this, arbitrators will rely on "past practice" to settle issues on which
contract language is silent or may be ambiguous. |
Sexual Harassment Policy/Law
Federal policy on sexual harassment arises out of the EEOC's 1980 "hostile
work environment" ruling. Basically, employers develop sexual harassment
policies in order to protect themselves. Harassment cases are covered
by statute when individuals in an "employment relationship" act beyond
the scope of their supervisory authority. Employees, and their union
representatives, have the option to file cases in which such employer actions
are alleged.
Duty of Fair Representation
The legal responsibilities associated with the duty of fair representation
arise from federal common law, they are not statutory. Unions have
a duty to "serve all the members without hostility or discrimination."
This is essentially a fiduciary status which federal courts have recognized
that union officers have a "wide range of reasonableness" to act on behalf
of members. As long as union officers act in good faith they can
be sure that they have not breached the duty of fair representation. |
from the President
THE RIGHT TO ORGANIZE:
Myth or Reality?
Each April, in conjunction with the NCEA Convention,
the National Association of Catholic School Teachers publishes a Lay Teacher
Salary Survey. Superintendents and Union Presidents from across the
country faithfully fill in the numbers and return the forms to our Office
for which we continue to be truly grateful. The Survey is much sought
after at our Convention booth. Administrators and teachers alike
furiously scan the listing to see who are the "best" and the "worst" of
the underpaid.
As a corollary to the Salary Survey, the April
issue of Newsworthy zeroes in on the subject of Catholic teachers and their
right to organize, since it has been documented by the NCEA that, as a
general rule, unionized teachers receive higher salaries and better benefits
than their unorganized colleagues.
One of the primary purposes of NACST is to
assist elementary and secondary lay teachers who express an interest in
organizing for the purpose of collective bargaining. Keep in mind
that salary and benefits, although vital, are not the only reasons teachers
seek to form an organization. A negotiated contract contains language
covering every aspect of a teacher's work life - duties and assignments,
transfers, seniority, sick, personal and maternity leaves, tenure and retirement,
to name some of the major areas. By far, the most important article
in any contract, however, is the one which delineates due process or the
grievance procedure. If there is no mechanism for the resolving of
disputes, there is no real contract.
With over one hundred years of Catholic social
teaching on the right of workers to form unions and to participate without
risk of reprisal, you would think that just about every Catholic school
teacher would be represented by an association of his/her own choosing,
duly recognized by the bishop/archbishop as a full partner in the educational
enterprise.
The U.S. Bishops in their Economic Pastoral state that "All the
moral principles that govern the just operation of any economic endeavor
apply to the church and its agencies and institutions; indeed, the Church
should be exemplary." This, most definitely, is the teaching, but,
unfortunately it is light years from the reality in a number of dioceses/archdioceses.
ACE Educators in the Archdiocese of St. Louis
has been attempting to become the elementary lay teachers' recognized bargaining
agent for over six years. Their request for recognition and collective
bargaining have been repeatedly rebuffed. We are glad to hear that
they are, once again, going to actively work to achieve their quest.
The National Association applauds their tenacity and we look forward to
working with them.
What is it about "All Church institutions
must also fully recognize the rights of employees to organize and bargain
collectively with the institution through whatever association or organization
they freely choose," that some of our bishops do not understand?
How will their brother bishops advise them concerning the teachings which
they, themselves, have promulgated?
What is the force of the U.S. Bishops' Economic
Pastoral when it warns employers that "No one may deny the right to organize
without attacking human dignity itself?"
Happily for the Catholic Church and for its
over one-hundred thousand lay teachers, there are many bishops who recognize
the right of teachers to unionize and to negotiate as full partners.
These bishops value dignity and justice more than power and control.
They have a true concern for the well-being of those who labor in their
vineyards.
For teachers who seek true partnership in
the educational enterprise from their employer through a recognized teacher
association, the National Association of Catholic School Teachers pledges
its support and its assistance. Working with you, we'll do whatever
it takes for the teaching to become the reality.
Top of Page
Catholic School Teachers:
Why Unionize?
keep good teachers in Catholic schools by:
• putting the Church's labor teaching
into practice
• having a voice in working conditions,
salaries, and benefits
• fairly resolving legitimate disputes
• treating teachers with respect &
professionalism
Catholic School Teachers: How Can We Unionize?
• by talking to your colleagues at school
• by becoming informed of locals in
your area
• by contacting NACST:
Rita Schwartz, President
NACST
Suite 903
1700 Sansom St.
Philadelphia, PA 19103
phone: (800) 99NACST
email: nacst.nacst@verizon.net
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USCCB
- Congressional Advocacy Days
NACST officials joined parents,
teachers, Catholic school administrators and national Church officials
March 2-4, 2003 in Washington, D.C. for the annual Congressional Advocacy
Days conference. The event was sponsored by the Department of Education
of the United States Conference of Catholic Bishops.
CAD participants were
addressed by: Theodore Cardinal McCarrick [Washington, DC], Chairman of
the USCCB Committee on Domestic Policy; Hon. John A. Boehner, U.S. Representative
from OH, Chairman, House Committee on Education and the Workforce; Dr.
John Convey, Ph.D. - Catholic University of America; Sr. Dale McDonald,
NCEA; and, researchers and staffers from the USCCB, the U.S. Dept. of Education
Office of Special Education and Rehabilitative Services, and the Semate
Committee on Health, Education, Labor and Pensions.
Presentations focused
on the upcoming reauthorization of the Individuals with Disabilities Education
Act, "accountability" provisions driving education agendas today, tax credit
legislation, and current legislative programs and initiatives affecting
Catholic school students, parents, and teachers.
Of particular note for
Catholic school teachers is the Federal Student Loan Forgiveness Program
for Teachers. At the current time, teachers in schools [both public
and nonpublic] which are listed in the Annual Directory of Low-Income Schools
for Teacher Cancellation Benefits may receive up to $5,000 loan forgiveness.
Legislation has been introduced in both the House and Senate to increase
that amount to $17,000. Conditions to qualify for the loan forgiveness
program are available at http://studentaid.ed.gov/PORTALSWebApp/students/english/cancelstaff.jsp?tab=repaying.
The site includes a printable application for the loan forgiveness and
further information about the program which is available for Catholic school
teachers. Work to secure the passage of the 2003 legislation increasing
the loan forgiveness amount is being undertaken by NACST and affiliated
locals.
CAD participants were
encouraged to use the information presented at the conference to promote
inclusion of Catholic school parents and students in federal education
programs. Further information from the USCCB is available at usccb.org/education. |
Who
Goes to Our Schools?...Who Staffs Our Schools?
provided by the USCCB to the 2003 CAD participants
Total no. of U.S. Catholic schools: 8,114 elementary
6,863 secondary 1,227
Total enrollment: 2,616,330 elementary 1,971,627
secondary 644,703
Non-Catholic enrollment 13.2%
Total Full-time Faculty: 155,658 elementary
108,485 secondary 47,173
Lay Teachers 94.2%
Cost per pupil: Elementary: Public - $7,524
Catholic - $3,505
Secondary: Public - $7,524 Catholic - $5,571
Based on public school per pupil cost, Catholic schools provide more
than $19.5 billion savings to the nation each year.
83% of students graduating from Catholic schools go on to post secondary
education.
Catholic school drop-out rate is 3.4% - public school drop-out rate
is 14.4% -
in one-parent families: no increase in Catholic school drop-out
rate, 1.5 times increase in public school drop-out rate
Federal Title I services are provided to more than 133,000 Catholic
school students in more than 4,200 elementary 7 secondary schools.
More than 6,800 Catholic schools have access to the internet and more
than 2,700 received discounts under the federal E-rate program.
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NACST
Members & Organizing
NACST members involved in organizing locals easily recall the numerous
difficulties faced when locals and affiliates organized.
Fears of losing employment, intimidation from school administrators
and the frustration involved in working in systems which treated them as
servants are not soon forgotten.
Organizing has been ongoing for more than a quarter century in Catholic
schools.
The national Catholic school union movement has received praise from
U.S. Church luminaries such as Msgr. George Higgins, Rev. Richard McBrien
and Bishop Thomas Gumbleton.
Catholic school teachers have received praise from nearly every Ordinary
of the Dioceses in which we work.
If not for the work of Catholic school unions, many of those same teachers
would have left the schools and systems which produce graduates who are
exceptional for their academic achievements and personal integrity.
For the good of our students ... for the good of our schools ... organize. |
Top of Page
Previous Issues
December 2002
September
2002
June
2002
April
2002
Decembet
2001 September
2001 April
2001 February
2001
December 2000
September 2000
April 2000
September 1999
December 1999
Newsworthy
is a publication of the National Association of Catholic School Teachers.
Direct
comments, inquiries to: Chris Ehrmann, NACST, Suite 903, 1700 Sansom St.,
Philadelphia, PA 19103 email nacst.nacst@verizon.net. |
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