Teacher Organizations in Catholic Schools - A Report
United States Catholic Conference, Subcommittee on Teacher Organizations
September 15, 1977
A. Introduction
A "working paper" on Catholic teacher organizations was presented to the
Administrative Board at its meeting in February 1977 in Washington. At that meeting a
resolution was approved authorizing the USCC Subcommittee on Teacher Organizations to
use the "working paper" as a basis for continued consultation with interested parties
on the subject of collective bargaining.
The release of the text of the "working paper" was the occasion for
many favorable comments and this acceptance was also broadly evident
throughout the hearings that followed. However, it should be noted that
this generally favorable response did not preclude minor criticisms or
suggestions for improving the document. It was accepted as a "working
paper" with all that title implies in regard to opportunities for change
of style, content and emphasis.
B. Hearings
Even before the first meeting of the Subcommittee on Teacher Organizations,
the two Subcommittee Chairmen, Bishops McManus and McNicholas, arranged a
hearing which those dioceses in which litigation was in progress could attend
and present a review of the local situation for the information of the
Committee. Such a meeting was held on September 13, 1976 with representation
from Brooklyn, Fort Wayne-South Bend, Gary, Los Angeles and Philadelphia.
Each described the special circumstances of the cases under discussion;
all accepted the right of teachers to organize, and all rejected "improper"
National Labor Relations Board (NLRB) intervention.
Opinions varied a good deal on the desirability of issuing a statement and,
if issued, what it would contain. The unique character of the Catholic school
was universally emphasized. A discussion of a draft statement prepared by USCC
staff followed.
The first formal meeting of the Subcommittee was held on November 5, 1976
with a report to the members regarding the September 13 meeting. After a long
discussion it was agreed to work on a "statement of principles" which would
include reference to the NLRB problem and emphasize the unique character of
Catholic schools.
The second Subcommittee meeting was held on January 5, 1977 and began
with a report on the status of the NLRB cases then in the courts. A motion
was carried which was designed to seek the approval of the Administrative
Board in February on a "value judgment" by the Subcommittee on the advisability
of an appeal to the Supreme Court if an unsatisfactory court decision was made
on NLRB jurisdiction. It was also agreed that staff prepare a "working paper,"
approved by both departmental committees, to be presented to the Administrative
Board as a basis for further discussion with "interested parties."
On March 31, 1977 the Subcommittee held an all-day meeting - representatives
of teachers' organizations were in attendance - and the discussion moved
across a wide range of topics. In general there was satisfaction with the
"working paper" although some modifications were suggested. Nearly all union
representatives emphasized the difficulty of direct communication and said they
felt forced to go to outside agencies (NLRB, AFT, etc.) as a last resort. They
accepted the concept that the bishop has a special role in the Catholic school
picture as the final voice in matters of faith and morals.
In the afternoon, nine school administrators presented their views. Several
felt that the "working paper" needed further development and more practical
application. They also sought a more ecclesial formulation with a pastoral
tone. A real dissatisfaction was expressed concerning AFT and NEA affiliates
and a suggestion was made for the exploration of alternatives. It was further
suggested that the paper should describe the multiple relationships that are
involved in the school picture - parents, teachers, administrators, pastors,
bishops, etc. Furthermore, the paper should be the beginning of what must be a
long process of development on the practical level.
The latest meeting of the Subcommittee was held on June 3, 1977 and involved
religious, principals, school board representatives, parents and parish
priests. Eleven people presented their views and joined in the discussion.
The sister representatives seemed to agree that the "working paper" offered
a good expression of Church teaching but felt that a wider involvement of
parents and others was required. They were unable to achieve a consensus on
the position of religious in regard to union participation by religious
teachers. Several speakers urged a more cooperative attitude regarding NLRB
association with Catholic schools. They also expressed the view that salary
adjustment is not always the principal grievance of the teachers - personality
conflicts and participation in decision making were mentioned in this
connection.
One speaker urged a new philosophy of negotiation and a new climate of
cooperation. ("Responsible negotiations" should replace the term "collective
bargaining.") The parent observer present called for new contracts between
parents and the local school on all levels, ("We do not even know the needs of
the teachers.") She also asked for "models" which demonstrate the successful
operation of labor-management relations in Catholic schools.
The president of an association of Archdiocesan high school principals
with ten years experience in negotiation with a teacher association commented
very favorably on collective bargaining in Catholic schools. He reassured the
Subcommittee that many of the problems anticipated by those facing collective
bargaining for the first time are indeed solvable.
Fund raising to keep schools open through "Bingo," etc., were discussed,
as well as the fact that parish schools often serve only a minority of parish
children. The meeting ended with a long discussion on the necessity of
increasing the training of school administrators in the skills required for
inter-personal relationships and negotiations.
As a result of the hearings, a new draft of the "working paper" was
prepared for the summer meetings of the Committee on Education and the
Committee on Social Development and World Peace.
The Committee on Education prepared an additional draft which was
presented to the Committee on Social Development and World Peace, along
with the earlier one. This present paper, prepared at the direction of the
Chairmen of both committees, represents an integration of the two papers.
I. The Community of the School
The Catholic School: A Community of Faith
The Catholic school is best described as a community of faith,
formed by gospel values, whose purpose is service to others. To be a
community of faith whose members are united by the very Spirit of God
into a "unique fellowship," the school must be consciously and
publicly guided in all its actions by the teachings and the spirit of
Jesus. Not only is this true of all individuals associated with the
school in any way, it is also true of all groups and organizations
related to the school.
In this community, it is fitting and, indeed, necessary that the
question of teacher organization be approached, not in a negative or
adversarial way, but in an atmosphere of trust and understanding.
There is no intrinsic reason to fear the consequences of a teacher
organization established according to the wishes of the teacher
employees. The very fact that a Catholic school is called to be a
community of faith should persuade the administration to accept and
welcome employee initiative in this regard.
The authors of this report are comfortable with the fact that
Catholic teachers, in all probability, will seek, in organized ways,
to participate more fully in the governance of Catholic schools. We are
confident, however, that employers and employees in these situations
can, without prejudice to the unique purpose and character of the
Catholic school, achieve a mode of operation that will be satisfactory
to all.
Of paramount importance, of course, is the integrity of the
Catholic school. Its unique purpose and character must never be
compromised. In saying this, however, we do not believe and do not
intend to convey the impression that teachers who seek to organize
are less committed to that ideal and standard of Catholic education
than other members of the Catholic school community.
2. Vocation of the Catholic Teacher
The American bishops, in their pastoral message, To Teach As Jesus
Did, invited all Catholics and especially faculty members themselves
to see the work of a faculty as a "vocation." In their statement on
Catholic schools, Teach Them, the bishops said that the integration
of religious truth and values with the rest of life, which
distinguishes Catholic schools from others, is expressed in many
ways but "above all in the lives of teachers." In both pastoral
documents, the bishops were speaking not only for themselves but
for all the men and women who staff Catholic schools. A faculty,
with parents, administrators and others, has a strategic share in the
educational ministry.
3. One Essential Consequence
It is critically important that the special character of Catholic
educational institutions be maintained. Catholic schools are
particularly committed to instruction of religious and moral values.
Supervisory agencies have the duty to give just recognition to these
essential objectives of Catholic schools and to understand the
responsibility of Church leadership to protect these functions.
4. Capabilities, Free-will Support
It is imperative to understand that Catholic schools differ
considerably from their counterparts in the tax-supported school
system. This is particularly true in terms of their capabilities,
their organization and most importantly, in their objectives. Catholic
schools are, for example, supported by the free-will offerings of the
families which they serve. These schools exist only because of the
generosity, dedication and sacrifice of all the Catholic people and
in particular the teachers and parents.
5. Pluralistic Character
The distinctively pluralistic structure of the Catholic school
system is important to take into account as well. The structure
differs from diocese to diocese in terms of administration and
resources. Some schools are diocesan, others parochial, others
private.
II. Collective Bargaining by Teachers
- Catholic social teaching strongly supports the rights of employees
to organize and to bargain collectively with their employers. The free
exercise of these rights pertains to Catholic school teachers and other
school employees in the same way it relates to the employees of other
Catholic institutions and secular organizations. We firmly believe that
Catholic school teachers should not only study and understand these
rights but should consider a responsibility toward their fellow
teachers as they examine the possibility or even necessity of
collective bargaining.
- A corollary to the right of Catholic school teachers to organize
into teacher associations is the right which they possess to
determine for themselves the agency or organization which is to
represent them in the bargaining process.
- Catholic teachers have the right to free elections, full
negotiations, mediation, conciliation and similar services under
the auspices of a neutral body. In the exercise of this right, every
effort should be made to arrive at a supervisory agency acceptable
to both employee and employer.
These three principles concerning the right to collective
bargaining, to choice of agency to represent the teacher, and to
agency of supervision must, as noted above, take into account certain
unique characteristics of these schools.
The inclusion of religious in any bargaining unit remains a
question requiring further study.
Religious and lay teachers, since they are part of the same
faculty, should communicate in a manner that allows for the exchange
of views on matters of mutual interest. It is not clear what character
this should take in specific cases.
Finally and fundamentally, the special nature and mission of
Catholic schools noted in the principles above require that
Catholic teaching and moral standards be upheld at all levels of
operation.
III. Procedural Recommendations
- Every diocese and school should, in consultation with its
teachers, develop written personnel policies for its teachers. Such
policies are an advantage to all concerned. As a minimum, they should
treat of procedures for dealing with salary scales and their
improvement, job security, advancement, and a grievance procedure
which respects the principles of subsidiarity. Each diocese should
identify the agencies and persons responsible for establishing or
reviewing (in those many dioceses and schools where personnel
policies are already in written form) handbooks or written policies
and procedures.
- Structures should be created whereby teachers are involved in
the development and review of personnel policies. Also, ways should
be developed by which they are involved in the curricular procedures
and decisions of the school. Prior to initiating such processes, the
nature of the consultation and the final agency and method of decision
should be clarified. In many cases, parents and other interested
parties should be involved in these processes.
- Where the teachers want an organization to be their way of
participating in decisions, school administrators should cooperate
and with it its officers. Teacher organizations can bring benefits
not only to teachers but to Catholic education in general. The
organization, for its part, should ask how it meets the rationale of
a teacher organization in a Catholic school.
- Where lawyers or labor-management consultants enter into a
collective bargaining process, steps should be taken both by school
administrators and teacher organizations to examine with them the
concept of the school as a community of faith. Because of their
special role in helping to shape policy decisions, consultants
should be chosen whose professional background has prepared them to
understand fully the special role of the Catholic school within the
total mission of the Church.
- In some cases the reconciliation of separated parties will be
indicated. Personal and interpersonal relationships occasionally
became tense or even broken in some places. Leadership is especially
important. A few people working together and agreeing to seek
reconciliation can provide a climate agreeable to exchange and
understanding.
C. Conclusion
It is the conclusion of the Subcommittee on Teacher Organizations, after a
year of study, that the teacher union question is a manageable one for the
Catholic community. Although experience to date has at times been
characterized as acrimonious and contentious so as to militate almost
completely against the possibility of a faith community, the Subcommittee has
noted on all sides reservoirs of good will and concern which, if tapped
and given the benefit of good communication, will result in a meaningful
realization or restoration of such a community.
Although the role of government in monitoring the civil aspects of the
above effort has yet to be defined, it is the belief of the Subcommittee
that even this question of the relationship of government to Catholic school
management is capable ultimately of a solution which will be satisfactory to
all concerned parties.
The question of the relationship of teacher organizations to Catholic
elementary and secondary schools is a comparatively recent one. Some issues
related to it are clear and others are not. Additional thought and planning
should come not only from teachers and administrators but also from parents,
parish priests, school boards and others in the Catholic community.
The USCC Subcommittee on Catholic Schools and Teacher Organizations is
grateful for the cooperation of so many in assisting its work and expresses
the hope that this report will be of assistance to national organizations,
individual dioceses and schools in focusing attention on this very important
matter.
Appendix
Some Suggestions for Those Engaged in the Bargaining Process
Teachers, teacher representatives, and school administrators should be
provided with the interpersonal skills needed to resolve problems which
inevitably arise in a school situation. These skills must be learned,
especially if problems are to be resolved in a manner that promotes the
good of all concerned.
School administrators in particular need preparation because of their
central role. Toward more effective preparation of themselves as persons in
the process, two areas are particularly suggested; 1) increase of skills of
communication; 2) knowledge of the history of teacher/school negotiations in
the Catholic context: this will require following those publications that
increase understanding of the issues and that relate experience in resolving
them. Moreover, an ecclesial approach precludes anything that could be
interpreted as patronizing or merely legalistic.
The "Office Agenda" should include the following: 1) regular and
effective communication with teachers, who ought also to share in
decision making; 2) together with teachers, a regular review of personnel
policies and procedures, especially touching on working conditions and
security; 3) encourage continuous study into the nature of a Catholic
school. (This would lead to clarifying roles of parents, teachers, pastors
and bishops.) 4) an ongoing dialogue with religious with respect to the
advisability of being included in teachers' associations; 5) this dialogue
ought to extend also to the large community in the form of public information
programs.
To meet disputes, the administration and the teachers ought to have
agreed upon a regular arbitration and conciliation system. They should
also come to an understanding concerning specific articles in the contract
where conflict may arise because of imprecision of language.
Teachers must allow for inexperience in handling union affairs by those
to whom it is a new procedure. They, too, should encourage the development
of communication skills and correct union procedures.
The teacher properly sees himself or herself as an essential part of the
Catholic school community and should insist that others respect this position.
With administrators, parents and others, the teacher should find the role
that allows for the most significant contribution to the Catholic educational
process.
School funding is now, and will continue to be, a matter that concerns
all school personnel as well as the wider Catholic community.
Approved for publication by the Administrative Board, United States
Catholic Conference, September 15, 1977.
Report of the Subcommittee on Teacher Organizations.
Membership:
Bishop William E. McManus, Fort Wayne-South Bend, Indiana, Co-Chairman.
Bishop Joseph A. McNicolas, Springfield, Illinois, Co-Chairman.
Bishop William R. Johnson, Orange, California.
Bishop Edward D. Head, Buffalo, New York.
Bishop Daniel Pilarczyk, Cincinnati, Ohio.
Rev. John Leibrecht, St. Louis, Missouri.
Mr. Raymond J. Watson, Odell, Illinois.
Mr. J. Alan Davitt, Albany, New York.
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