Article III - Union Representation
1. The System will not discriminate against any teacher because of age, race, sex, color,
national origin, union activity, and membership or non-membership in the Association.
Preferential treatment and patterns of harassment and intimidation can be grieved. In the
case of preferential treatment, the grievance must be linked to specific contract language.
In all matters pertaining to professional duties within the System, all religious and lay
teachers shall be treated equitably.
2. No teacher may be asked to attend a meeting with the school or diocesan administration
without a representative of the Association being present if the teacher reasonably feels the
meeting could result in disciplinary action against him/her.
Disciplinary action cannot be taken against any teacher unless the teacher has been
apprised in writing of his/her right to union representation.
If the teacher declines union representation, he/she shall sign a waiver form (Exhibit H)
indicating that he/she declines union representation. Such form shall be signed in the
presence of the Senior Delegate or Alternate.
3. In each school the members of the Association shall designate one of their members as
Senior Delegate for purposes of liaison among faculty members and between the members of the
Association and the local administration in matters pertaining to the administration and
application of this contract and other matters of mutual concern.
3a. Senior Delegates shall have three (3) of their service periods per cycle rostered for
the appropriate activities relating to the administration of this Agreement and the duties of
their office which pertain to such administration.
3b. The Association's Vice-President and the four (4) Area Vice-Presidents shall have the
last period each day rostered as their preparation period in order to carry out the appropriate
activities relating to the administration of this Agreement in cooperation with the
administration of the schools within their areas.
In order that the Association's Vice-President and the four (4) Area Vice-Presidents may
have the last period each day rostered as their preparation period, their names must be
forwarded to the System not later than June 30 in order to allow sufficient time to adjust
their rosters.
4. Teachers in the System who are elected or appointed to positions within the Association
or any organization with which it is affiliated will, upon proper application, be granted
leaves of absence of not less than one year subject to yearly renewal. Upon proper application
by the Association, renewal will be granted.
Should an individual serve in such a position on a full-time basis, he/she shall receive no
salary from the System. Should an individual serve in a part-time position, he/she shall
receive a salary from the System to be determined on a pro rata basis depending upon the number
of teaching or service periods he/she is assigned within the System. Such individuals, however,
may be carried on the seniority list of the school in which they taught or the seniority list
of the System, and may be paid through the school or the System with monies which the
Association shall forward in advance to cover salary and benefits for such teachers.
However, teachers granted such leaves of absence shall retain all insurance, pension, and
other benefits in conformity with contract and benefit plan requirements, and shall continue
to accrue seniority for salary increments and all other purposes as though they were in
regular service.
Upon return to service, they should be placed on the assignment which they left or, in the
absence of such assignment, on an assignment mutually agreed to between the Association and
the System, with all accrued benefits and increments that they would have earned had they been
in regular service. Teachers on such leaves of absence shall be permitted to pay both their
own and the System's contributions to all plans requiring such contributions.
4a. The Association's President or his/her designee from the Association's Executive
Board or House of Delegates shall have free access to the schools insofar as he/she may enter
the schools without permission but must notify the local school administration of his/her
presence in the building and conform to local school security procedures. He/she may consult
with any member of the teaching staff or any member of the administration of the school
privately, as long as such consultation does not interfere with the school schedule in operation.
5. Local school membership meetings may be held on school premises outside the school day.
Notice of such meetings shall be given twenty-four (24) hours in advance or as soon as
possible. If the Principal or his/her designee is unavailable, meetings may be held. In such
cases, the Principal shall be notified of such meetings as soon as possible.
5a. In each school the local administration shall provide a bulletin board in a place
mutually agreed to by the administration and the Senior Delegate, upon which the Association
may display Association business and which is accessible to all members of the Association.
5b. The Senior Delegate shall have access, as needed, to a private telephone to conduct
Association business.
6. The Association shall have the right to place Association material in mailboxes of all
teachers and other professional employees. Placement will be made by the authorized
representatives of the Association or their designees. Materials other than official releases
of the Association or their affiliates, when so placed, shall bear the name of some
responsible representative of the Association.
7. Permission for General Membership or House of Delegates meetings on school premises
must be obtained from the System by the Association representative at least twenty-four (24)
hours in advance of such meetings.
8. A teacher's personnel file shall be used as a report of his/her documented performance
and shall be kept in a place accessible only to the Principal and administrators. Proper
reports relating to special competencies, academic, civil, and social achievements should also
be placed in the file. A teacher may examine his/her personnel file at his/her request by
completing a request and acknowledgment form (Exhibit I). The teacher shall acknowledge
his/her examination of the file in writing and shall have the right to answer any material.
Such answers shall be included in the file.
No material detrimental to the teacher's record or derogatory to his/her conduct, service,
character, or personality shall be placed in his/her personnel file unless the teacher has had
a dated copy given to him/her. The teacher shall acknowledge that he/she has read such material
by affixing his/her signature on the copy to be filed with the understanding that his/her
signature merely signifies that he/she has read the material and does not necessarily indicate
agreement with its contents. The teacher shall have the right to answer any such material
filed and his/her answer shall be attached to that material. The signature of the teacher
shall be followed by the statement, "Date of Response, if any, ____/____/____." Anonymous
material shall never be placed in the personnel file.
9. No such detrimental or derogatory material contained under Section 8 may be used in any
disciplinary action against a teacher unless he/she has been supplied a copy of the material
being used. The teacher shall acknowledge that he/she has received such material by affixing
his/her signature to said material. Such detrimental or derogatory material two (2) or more
years old shall be removed from the tenured teacher's file and shall be destroyed. Such
detrimental or derogatory material three (3) or more years old shall be removed from the
non-tenured teacher's file and shall be destroyed. Materials shall remain in the teacher's
file for seven (7) years when they concern serious misconduct involving students in which
disciplinary action has been taken or suspension has occurred.
Serious misconduct involving students is defined as follows:
Criminal Offenses
Corporal Punishment
Substance Abuse
Violation of the Standards of Ministerial Behavior and Boundaries
These time limitations shall be suspended during any leave of absence from the teaching
position.
Materials must be in the file within six (6) months after the cause of the complaint arises
or could have been commonly known and cannot be used against the teacher if the material is
more than two (2) years old for tenured teachers and more that three (3) years old for
non-tenured teachers, except as modified by the preceding paragraphs.
If the accuracy of the material placed in the personnel file is disputed, such disagreement
may be resolved by following the procedures of Article XIV. Such grievance shall not be
appealed beyond Step 7.
9a. No detrimental or derogatory material from sources other than the personnel file may be
introduced in a disciplinary action against a teacher unless the teacher has been supplied a
copy of the material being so used at least two (2) weeks in advance of such action unless the
material is of such a serious nature that it requires immediate action in which case the
teacher would be given a copy of the material at the time such action is initiated, and
provided that the material is not more than two (2) years old for tenured teachers and not
more than three (3) years old for non-tenured teachers and not more than seven (7) years old
when they concern serious misconduct involving students.
9b. Upon receipt of a written request, the teacher shall be furnished no more than two (2)
reproductions of any material in his/her file over the course of the school year. Such
reproduction shall be furnished to the teacher within two (2) school days of the request. The
teacher shall acknowledge in writing the receipt of this material. In the absence of the
Principal, an Assistant Principal can furnish the reproduction.
9c. The Principal and all Assistant Principals shall have an official right and reason for
inspecting a teacher's file. When a teacher's file is inspected by an Assistant Prinipal,
he/she should complete Exhipit J and place it in the teacher's file. A copy of the completed
Exhibit J shall be placed in the teacher's mailbox.
9d. Material placed in the teacher's file by an administrator other than the Principal
shall be co-signed by the Principal. Such signature shall denote that he/she has read the
material and agrees with the contents. Such signature shall be preceded by the statement "I
have read the above and am in full agreement with its contents."
The teacher's signature shall be preceded by the statement,
"My signature merely signifies that I have read the material and does not necessarily
indicate agreement with its contents."
10. If a decision of the Administrative Board or Academic Board affects the
Labor-Management Agreement, then the Principal shall consult with the Association or its
designee.
11. Each department shall receive a copy of the Master Roster of the entire teaching staff
by the fourth Wednesday after Labor Day. A copy will also be available in the Academic Affairs
Office. All changes to this Master Roster will be posted on the bulletin board on a
monthly basis, a copy of which shall also be given to the Senior Delegate.
The Master Roster will include the following information:
a) Teacher's Name
b) Subject and Track Level
c) Days of Cycle the Teacher has the Class
d) Room Number
e) Service Period Assignment
f) Homeroom Assignment
By October 15 each school shall furnish to the Association and to each of its department
heads a copy of its Master Roster by department as well as the number of students in each
class.
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