September 1999

Contents
Editorial: One More Challenge for the Bishops
from the President...Laborers in the Vineyard
Federal Aid for Schools
Shared Decisions?
Catholic Labor Union Q & A
AFL-CIO Survey of Young Workers
from Msgr. Higgins

Editorial: One More Challenge for the Bishops

In a homily delivered at the U.S. bishops' meeting in Phoenix last June, NCCB President Bishop Joseph Fiorenza told his episcopal colleagues "when we work together, discuss together, debate together and then speak with a united voice, there is no challenge in the third millennium that we will not be able to win for the cause of Jesus Christ and the glory of his church." The bishops were told that new challenges facing them will result from "developing technologies which stun and dazzle the mind" as the new millenium approaches.

While it is always heartening to see the bishops looking toward the future of the Church's mission, they also need to be reminded of past challenges - yet unfulfilled. The advancement of labor rights in Catholic Schools, putting the Church's social justice teaching into practice in the Church's own institutions, should be a major goal in the dawn of the new millenium.

New challenges can be faced successfully when the bishops gain experience from meeting old challenges. In the Catholic schools the challenges of social justice, when the Church is an employer, are an excellent arena for the bishops to concentrate their energies and gain experience to meet any new challenges which will the Church will face in the years to come.

from the President...

     As a Catholic teacher organization leader, I find it most appropriate that the opening of school and the commemoration of Labor Day seem intertwined.  This is a time when I like to look ahead, optimistically, at the year that will be for Catholic teacher organizations and their members.
     For a number of teacher groups, there will be new labor agreements to negotiate; for others the struggle to achieve recognition as bargaining representative will continue.  I used the word "struggle," (to make a great effort) because, in many instances, our employer, the same institution that brought you To Teach As Jesus Did and the Economic Pastoral and which annually promulgates a Labor Day Statement replete with all that is great and good from Catholic social teaching, requires such great effort from us.
     In their working paper A Fair and Just Workplace: Principles and Practices for Catholic Health Care, released right before Labor Day, the USCC Domestic Policy Committee states "Representatives of management and unions need to pursue their legitimate objectives without undermining or interfering with the workers' right to decide freely about their right to participate.  This often requires restraint and a clear understanding of what is permitted and not permitted by U.S. labor law and Catholic teaching.  All parties must act and relate to one another according to the principles of Catholic teaching and abide by the same standard of conduct."
     However, teacher organizations attempting to negotiate for just cause termination language with the ability to have an impartial render the decision are given language such as "Renewal of employment for each teacher for the succeeding school year is solely within the discretion of the School" - hardly heartwarming to teachers with many years of excellent and faithful service.
 What about the impartiality of  "Any dispute or disagreement between a lay teacher and the School, including any relating to disciplinary action against a lay teacher, shall be resolved at the School."  The School decision maker gets a second and final chance to say NO.
     The discrepancy between paper and practice is not any better for established teacher organizations with bargaining rights.  Over the years, some teacher unions attempting to negotiate a new agreement have reached an impasse at the negotiating table.  They have used the ultimate weapon delineated by Catholic Church social documents, the right to strike.  In addition to upholding this right to strike, the U.S. Bishops have testified before Congress that they strongly oppose any permanent replacement of striking workers by employers.  However, the Archdiocese of Newark recently let its teachers know "Though we consider it a last resort, we have begun preparations to employ replacement teachers."  "If you are replaced, you will be returned to work only when and if there is an opening for which you are qualified."  "There would be no way to know when a vacancy would occur."
     I know there are a number of Church officials who are annoyed when NACST quotes from Church documents, documents which exhort those in management to implement social teaching in their company's employment practices and policies.  I would ask them to re-read the statements above and try to understand our dilemma.  Nowhere in the documents does it state that the Church as employer is exempt.  On the contrary, the Bishops have made it clear 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."
     As we approach the beginning of a new century, the National Association of Catholic School Teachers, its membership and leadership continue to seek a true partnership with our employer to implement the Church's teachings as they relate to our places of work, places defined by the USCC Domestic Policy Committee as "workplaces that not only follow the law, but reflect our values."

     The U.S. Supreme Court will consider in the 1999-2000 term whether it is constitutional for parochial schools to receive computers purchased with federal and state funds.
The court announced June 14, 1999 that it will hear the appeal of a court ruling in New Orleans that said it is unconstitutional for religious schools to receive educational materials, other than textbooks, paid for with tax funds.
     In Mitchell  vs. Helms, the 5th Circuit court of Appeals ruled that earlier decisions of the U.S. Supreme Court allowing the use of publicly funded textbooks in religious schools do not extend to other sorts of tax-supported instructional materials such as computers or library books.
     In a series of cases over the last two decades, the Supreme Court has ruled that textbooks, transportation, nursing services, special education, remedial education and testing, and other programs benefit individuals, not institutions, and therefore can be available to students in parochial schools.

     If the Church, as a major employer in the United States, is going to give effective witness to the social and moral teachings that it eloquently professes, then it must do more than provide pro-forma lip-service to the rights of its employees who wish to organize and bargain collectively.
     Rather than summarily opposing women and men who staff their schools and imposing economic hardship on them, Church leaders have a serious moral obligation to work towards implementing the dictates of teachings such as Economic Justice For All, especially as it relates to the right to collective bargaining.
     In an era of school reform where teacher empowerment is designed to give faculties greater voice in the daily exercise of their professional duties, a positive response from Church leaders can further serve as a powerful example of the effectiveness of shared decision making.
     By entering into labor contract negotiations with teachers' unions over terms and conditions of their employment, dedicated lay teachers who staff the schools can be made full partners in the enterprise of educating children.

Q. Why do Catholic School teachers form or join teachers organizations?
A. Teachers need representation to insure that their legitimate interests within Catholic education and within their own schools and school systems are heard and protected.

Q. What are the needs of Catholic School teachers?
A. A well defined contract includes far more than an adequate salary.  It covers such areas as due process through a grievance procedure ending with a decision made by a neutral third party binding on both employer and employee; job security, adequate provisions for legitimate and necessary leave [sick, personal, etc.]; working condition which include length of school day and teacher assignments.  The negotiation of these provisions should take place in good faith bargaining between teacher representatives and school administrators.

Q. Aren't Catholic School teacher unions harmful to the Catholic School system?
A. Absolutely not.  Through the collective representation activities of Catholic School teacher unions, Catholic School teachers put into practice the social justice teaching of the Church.  While some may point to a degree of animosity between unionized teachers and school administrators in the history of Catholic School bargaining, this is indicative of the organizing process in any field which has seen the development of unions.  The animosity can be laid at the feet of Catholic School administrators, who are either unaware of the Church's teaching or unwilling to put it into practice.

Q. How can teachers in a Catholic School or Diocesan system organize a union?
A. Get the assistance of NACST.  NACST advises groups how to organize teachers in any school or system who desire to unionize.  NACST provides experienced personnel to facilitate organizing workshops, negotiations, and grievance processing.  NACST provides a means of communication between Catholic School teachers wishing to organize and Catholic School teachers already unionized.

For Labor Day, 1999 the AFL-CIO reported the following results of a survey of workers between the ages of 18 and 34, done by Peter D. Hart Research Associates.
Some of the survey findings:

Young workers need more time for their families and help with child care.
   - young workers are most concerned about not having enough time for their family and work responsibilities - 49% of women, 45% of men
   - young workers believe employers are falling short in adopting policies to help working parents - 55% of all surveyed
   the overwhelming majority favors increased support for child care and after-school programs - 87% of all surveyed
   they also favor expanding the Family and Medical Leave Act to provide paid rather than unpaid leave - 82% of all surveyed

Young workers need health care and retirement benefits they can count on.
  - young workers say health benefits are an essential part or very important ingredients in a job    - 93%, but only 45% say they are covered by a health plan at work
   - young workers say retirement benefits are essential or very important - 85%, but only 43% say their employers are contributing to a pension plan on their behalf
   the vast majority of young workers favors requiring employers to provide health insurance and pay most of the premiums - 85%, and basic pension benefits - 85% of all surveyed
   - young workers favor pro-rated benefits for part-time employees - 75% of all surveyed

Young workers need regular raises and an equal share of the rewards for a job well done.
   - most young workers feel employers fall short when it comes to showing concern for their employees rather than just for the financial bottom line - 57% of all surveyed
   - many young workers worry often that their income won't keep up with the cost of living - 45% of all surveyed

from Msgr. Higgins...
     Anyone who wonders why clergy sometimes get involved in union-organizing matters might bear in mind that the workers in these campaigns have little public support whereas their employers, aided by expensive management-consultant firms, are riding the crest of anti-union sentiment now endemic in our culture.
     I see no reason to apologize for speaking in favor of this very uneven conflict's underdogs.
from The Yardstick, July 8, 1999