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Newsworthy, NACST newsletter highlights

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.

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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. 

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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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