Article I -- Purpose and Scope of Agreement
1. The System hereby recognizes the Association as the sole and exclusive collective
bargaining agent for all lay teachers and long-term substitutes who are engaged in
professional duties in the School System in the high schools designated in Exhibit A
attached hereto and made part hereof, exclusive, however of principals, assistant principals
of academic affairs, students services, student affairs, student life, directors of school ministry, special
music teachers who are not full-time employees of the System, "coaches in their coaching
capacity," per diem substitutes, and other employees who are not full-time teachers in the
System. Substitutes whose continuous employment extends beyond thirty (30) schools days, or
whose totality of discontinuous employment during the same school year extends beyond fifty
(50) school days shall automatically become members of the bargaining unit on the first day
of employment beyond such periods. Such membership in the bargaining unit does not guarantee
the substitute teacher any rights of continued employment.
Permanent deacons who are full time teaching employees of the System shall be considered
members of the bargaining unit in all matters of employment.
1a. In the event, however, the limited teaching experience of at least one (1) semester
(as defined in Article XVIII, Section 1) has been satisfactory according to the Evaluation
Procedure, the teacher's name shall be placed on a list. Vacancies in the appropriate subject
area shall be filled by teachers selected from a pool of all available substitutes plus all
other available candidates.
The assignment shall take place at the beginning of the second semester provided the
opening occurs at least thirty (30) days before the beginning of the second semester.
Otherwise, the assignment will take place at the end of the school year.
As soon as the teacher is selected, he/she shall be treated as a full-time teacher.
1b. The System shall continue its policy of not increasing the number of classes taught
by administrators. It is understood that the number of classes taught by administrators,
School Ministers, and/or part-time teachers cannot equal three (3) or more in one department.
A School Minister may teach one (1) class of Theology and this shall not be counted under
the provisions of this article.
If the School Minister teaches more than one (1) class of Theology or a class or classes
in another academic area, these classes shall be counted under the provisions of this article.
The Director of School Ministry may teach one (1) class of Theology and this shall not be
counted under the provisions of Article 1, Section 1b. However, the total number of Theology
classes taught by the Director of School Ministry cannot equal three (3) or more.
The System may employ diocesan priests for part-time teaching in Theology. The hiring of
diocesan priests for part-time teaching in Theology may not displace a full-time teaching
position.
Part-time teachers shall not be hired to replace full-time teachers.
2. The subjects covered by this Agreement are conditions of professional services (wages,
hours, and other terms and conditions of employment) of lay teachers.
3. The Association recognizes that the operation and maintenance of the System is the
responsibility of the Catholic Archdiocese of Philadelphia functioning through the System.
4. The Association recognizes the uniqueness of the System and its spiritual commitment
to provide the opportunity for Catholic schooling. Every teacher is expected to give witness
to the Catholic faith.
5. The Association recognizes the non-profit nature of the System, and the fact that it
possesses no taxing power, and is dependent, in part, upon the free-will offerings of the
people.
To ensure that the entire community is made aware of and offered the opportunity to help
support Catholic schools, the System shall continue the existence of the present Alternative
Funding Committee for the life of the contract. The purpose of the Committee shall be to
continue exploring the means necessary to acquire this support. The actions of this Committee
shall not be subject to the provisions of Article XIV.
The Committee shall meet twice a year and shall select its own chairperson.
The Association's representative will forward to the Association any minutes or reports
from the Alternative Funding Committee.
6. The Association recognizes that when the terms and conditions of this collective
bargaining agreement affect in any way religious teachers or their communities in the
System, said System has the right and duty to consult with the religious teachers, their
communities, and the authorized representative of the congregational leadership for religious
and the Secretary for Clergy for diocesan priests to discuss with them all matters of mutual
concern. The System also recognizes that when the terms and conditions of agreements with
religious communities affect in any way the lay teachers, said System has the right and duty
to consult with the Association.
And the Association further recognizes that the religious communities participating in
the System have the right to determine the personnel assignments within these communities,
insofar as such assignments do not violate the terms of this Agreement. If a religious leaves
a teaching position, the position may be filled by another religious, but only in the
department from which the religious left.
When a religious teacher dies or is reassigned, the position shall remain a religious
position for two (2) semesters.
All open positions not available to constricted teachers or voluntary transfers shall be
open to religious and lay teachers without discrimination.
7. The System retains the sole right and duty to operate its school system in accordance
with the philosophy of Christian education, the doctrines, laws, and norms of the Catholic
Church. Notwithstanding grievance and arbitration procedures hereinafter specified, any
grievance arising from dismissal of a teacher for serious and public immorality and/or public
rejection of official doctrine or laws of the Church shall be first discussed orally with the
Principal and/or the System. The charge shall then be reduced to writing and presented to the
teacher. The teacher or the Association may then file a grievance at the System level. If the
grievance is not resolved at the previous level, the teacher or the Association may request
arbitration by the Ordinary of the Archdiocese or his designee whose decision shall be final
and binding on all concerned.
8. The System retains the sole right to operate its school system and nothing herein shall
be deemed to limit or restrict it in any way in the exercise of all its functions in management
operations. This includes the right to make such rules relating to its operation as it shall
deem advisable providing they are not inconsistent with the terms of this Agreement.
8a. A copy of any policy directly related to the Labor Agreement and/or the lay teachers
shall be forwarded to the Association at the time of its promulgation.
8b. Any requirements in this Agreement for postings, lists, notifications, rosters and
other copies may be provided in paper or electronic form. The Association will be provided
with postings, lists, notifications, rosters, and other copies in paper form.
9. The right to hire, suspend, discharge, or otherwise discipline a teacher for violation
of such rules or for other proper and just cause is reserved to the System.
10. All the functions, powers, or authority which the System has not specifically abridged,
delegated, or modified by this agreement are retained by the System.
11. The System shall continue its policy of meeting with the Association on a regular basis.
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