Catholic School Teachers' Union
The Yardstick
By Msgr. George Higgins
I was privileged to take part in the recent convention of the
National Association of Catholic School Teachers. I say "privileged,"
for the delegates attending the convention and the teachers they
represent in approximately 30 dioceses are the salt of the earth.
Devout Catholics, they are strongly committed to the Church and
its values and fully committed, often at personal sacrifice, to the
cause of Catholic education. They also are committed, of course, to
Catholic social teaching and are resolute in their demand that this
teaching be implemented in the schools where they are employed.
They take their lead in this regard from the U.S. bishops' 1986
pastoral letter on Catholic social teaching and the U.S. economy
which reads in part: "All Church institutions must fully recognize
the rights of employees to organize and bargain collectively with the
institution through whatever association or organization they freely
choose. In the light of new creative models of collaboration between
labor and management..., we challenge our Church institutions to adopt
new fruitful modes of cooperation." The question arises as to why some
Catholic school administrators oppose the right of their teachers to
organize and bargain collectively.
In the late 1970's the U.S. Supreme Court took up the question,
Are teachers in church-related schools covered by the National Labor
Relations Act?
Early in 1979 the court ruled on this issue. It found "no clear
expression of an affirmative intention of Congress" to place Catholic
school teachers within the reach of the NLRA. Furthermore, the ruling
hinted strongly that even if Congress has intended otherwise, the
court might have found the arrangements in violation of the First
Amendment's free-exercise clause.
Constitutional issue aside, it is important to understand exactly
what the high court did and did not say.
The court said that the Catholic school teachers' right to organize
for this purpose finds no protection under the NLRA. It did not question
or negate their right to organize. Yet the distinction was lost on many
observers. One widely circulated news story, typical of many others,
was headlined "Court Bans Bargaining for Religious Schools."
Some have argued that unions are not the "only way" to meet the
legitimate economic needs of teachers. Theoretically speaking, there may
be something to be said for this point of view, but as a practical matter
it is somewhat irrelevant.
The question is, Are Church people prepared to support the right of
teachers to form unions if and when their teachers choose to do so?
Some Catholic opinion leaders have suggested that with unions in
Catholic schools will come ideas and values that contradict or even
undermine the faith. It has also been suggested that some associations
of Catholic school teachers are dominated by public educational lobbies
with secular goals.
The fact is that the overwhelming majority of unionized teachers in
Catholic schools belong to unions which are neither dominated nor
manipulated by public school unions. To the contrary, these Catholic
unions strongly disagree with their public counterparts on a number of
crucial issues affecting the integrity and well-being of the Catholic
school system.
I know many of the officers of Catholic teachers' unions. They are
exemplary Catholics in their personal and professional lives. They
fully understand that their organizations must take serious account
of those elements - doctrinal, financial, etc. - which make Church-related
schools significantly different from public schools.
I would go further and say that strong teachers' unions, given a
willingness on the part of school administrators to cooperate with them
in good faith, can make a valuable contribution in the betterment of the
entire Catholic school system.
-CNS
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