ARTICLE I – NAME, OFFICE, AND OBJECTIVES
A. NAME
This organization shall be known as the National Association of Catholic School Teachers, hereinafter referred to as NACST.
B. PRINCIPAL OFFICE
The Principal Office of this organization shall be established by the Executive Committee, where all books, records and financial documents shall be kept.
C. OBJECTIVES
The aims and objectives of this organization shall be:
- To promote the welfare and rights of Catholic School Teachers.
- To promote the welfare of Catholic Schools.
- To determine the needs of Catholic Schools and Catholic School Teachers.
- To preserve diversity in education by providing and coordinating Political Action on behalf of Catholic Schools and Catholic School Teachers and by seeking legislation which will provide a just share of educational aid for students in private and parochial schools.
- To assist and advise Catholic School Teachers who desire to organize for purposes of collective bargaining.
- To serve as a conduit of information to the public at large on the assets of Catholic Schools.
- To function as liaison between Catholic School Teachers and those responsible for the operation of Catholic Schools.
- To gather and disseminate information concerning issues of importance to Catholic Schools.
ARTICLE II – MEMBERSHIP
A. JURISDICTION
This organization shall consist of locals of Catholic School Teachers or educational or other workers organized in conformity with the provisions of this Constitution.
B. CATEGORIES OF MEMBERSHIP
There shall be the following categories of membership:
- A regular member is defined as any individual who is a member in good standing of a local that is affiliated with the National Association of Catholic School Teachers.
- Member At Large is defined as any Catholic school teacher or other employee in a Catholic educational institution who does not work within the jurisdiction of any affiliated local.
- Honorary memberships are given in recognition of outstanding achievement or contribution to the cause of Catholic education.
- Sustaining memberships are given to persons who support the aims and objectives of the organization.
D. DISCRIMINATION PROHIBITED
No discrimination shall be shown toward locals or individual members or applicants for membership because of race, creed, sex, age or national origin. Locals may establish procedures for admission of new members except that no discrimination shall ever be shown toward individual members or applicants for membership because of race, creed, sex, age or national origin.
E. VOTING PRIVILEGES
Any member of a local in good standing or member at large in good standing shall be eligible to vote in any referendum.
ARTICLE III – STRUCTURE, POWER, AND DUTIES OF THE EXECUTIVE COMMITTEE
A. STRUCTURE
The Executive Committee shall consist of the International Officers.
B. POWERS AND DUTIES
- It shall be the duty of the Executive Committee to obey the instructions of the National Convention, except that any action by the Convention involving expenditures of funds, shall be referred to the Executive Committee with power to revise in conformity with the budget.
- The Executive Committee shall establish the policy which sets the renumeration of officers and employees.
- The Executive Committee shall have the power to fill vacancies in its membership until the next regular Convention.
- The Executive Committee shall have the power to interpret and enforce this Constitution and make rules not in conflict with this Constitution and shall report such rules to the succeeding Convention for approval or rejection. Any interpretation of the Constitution by the Executive Committee may be appealed at any subsequent Convention.
- The Executive Committee shall appoint such committees as it deems necessary, not inconsistent with the Constitution.
- The Executive Committee shall have the authority to deal with all of the affairs of the National Association in the period between the Conventions and shall meet at its discretion.
- A majority of the members of the Executive Committee shall constitute a quorum for the transaction of business at any meeting of the Executive Committee. In any case, a majority of those present and voting shall be necessary to pass any motion. Notice of such meeting shall be promulgated with sufficient notice. Dates and times shall not be changed except upon adequate notice to the members of the Executive Committee.
- The National Association shall be authorized to accept gifts and devises to the National Association of Catholic School Teachers if the conditions or purposes of any such gifts or devises are not inconsistent with this Constitution. The Executive Committee may establish trusts or other agencies to hold and administer any such gifts or devises, and provide for appointment of trustees or managers thereof, upon such conditions as it may determine, subject to ratification at the next regular Convention.
- The Executive Committee shall have the right to affiliate the organization with such other organizations as it deems necessary in achieving the goals and objectives as stated in this Constitution, subject to the majority vote of the membership if an outlay of money is involved.
- The Executive Committee shall have the power to loan or donate money to advance the interest of this union.
- The Executive Committee, should it deem it in the best interest of the organization, is authorized to submit questions and propositions to the membership for referendum vote, in accordance with the provisions of this Constitution.
- By a 2/3 vote of the Executive Committee or upon the filing of a complaint by a member, the Executive Committee may appoint an independent committee to conduct an investigation of a local union or any of its officers. They shall make a full report and the Executive Committee may act upon their recommendation. However, in the absence of a trial conducted in accordance with the provisions of this Constitution, the Executive Committee may not fine, suspend or expel.
- Local charters may be granted at the discretion of the Executive Committee.
- A local charter may be suspended or revoked by the Executive Committee following a hearing as set forth in this Constitution, ARTICLE V, HEARINGS, TRIALS AND APPEALS.
- The Executive Committee shall have the original trial and appellate jurisdiction as set forth in this Constitution.
- The Executive Committee shall have the power to carry on all the business of the National Association of Catholic School Teachers, including, without limitation, the power to do on its behalf any or all of the following:
a. To sue and be sued, complain and defend on behalf of the Association.
b. To employ attorneys and counselors to advise the Convention, Executive Committee and the national officers and employees on all matters pertaining to its business affairs.
c. To employ accountants, agents, and other persons having skills and knowledge needed in the conduct of business.
d. To adopt an official seal, which may be altered at pleasure, and use the same by causing it or a facsimile thereof, to be impressed or affixed or in any manner reproduced.
e. To purchase, take, receive, lease as lessee, take any gift, devise, or bequest, or otherwise acquire, and to own, hold, use, deal in or with any real or personal property, or any interest therein.
f. To sell, convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of its property and assets.
g. To purchase, take, receive, or otherwise acquire, own, hold, vote, and use shares or other interests in or obligations of domestic or foreign corporations, associations, partnerships, or individuals, and to sell, mortgage, loan, pledge, or otherwise dispose of, such shares, interest, or obligations.
h. To make contracts and incur liabilities which may be appropriate to enable it to accomplish any or all of its purposes, to borrow money for Association purposes at such rates of interest and terms and conditions as they may determine, to issue notes, bonds, and other obligations, and to secure any of its obligations, by mortgage pledge, or deed of trust of all or any of its property and income.
i. To cause the auditing of the financial records of the organization annually and to submit said audits to the Executive Committee and the membership at the Annual Convention.
j. To invest the funds of the National Association from time to time in any real or personal property; and to take and hold real and personal property as security for the funds so invested or loaned.
k. To do anything they deem necessary and appropriate in the exercise of the foregoing power granted to the Executive Committee in this Constitution.
ARTICLE IV – LOCAL UNIONS
A. FORMATIONS
Ten or more persons who are eligible for membership in the International Union may form a local union by securing a charter from the Executive Committee.
B. JURISDICTION
The Executive Committee shall define and, from time to time, redefine and reallocate the jurisdictions within which locals may exercise their jurisdictions.
In doing so, the Executive Committee shall be guided by the primary objectives of NACST as defined in this Constitution.
Jurisdiction of each group shall be defined by the Executive Committee prior to affiliation.
The Executive Committee may make rules to carry out any of the provisions of this section and shall determine all questions arising hereunder.
All Executive Committee decisions concerning jurisdiction may be appealed to the next National Convention.
C. LOCAL CONSTITUTION AND BY-LAWS
All locals shall submit two (2) copies of their Constitution and By-Laws to the Executive Committee with their application for a charter. They shall similarly submit all subsequent amendments to their Constitution and By-Laws within ten (10) days of their adoption. No such Constitution or By-Laws shall be in conflict with this Constitution.
D. DUES
- Each local or individual member shall pay dues in the amount and on the date established by the Executive Committee with the consent of a majority of the membership.
- The Treasurer shall move for a declaration of bad standing for any local in arrears in excess of sixty (60) days. The local can be reinstated only by a majority vote of the Executive Committee.
- The Treasurer shall move for the suspension of any local in arrears in excess of ninety (90) days. The local can be reinstated only by a majority vote of the Executive Committee.
- The Treasurer shall move for the revocation of the charter of any local in arrears in excess of 180 days.
- A local which the Executive Committee refuses to reinstate shall have the right to appeal to the next National Convention in accordance with this Constitution, Article V.
- The Treasurer of each affiliate local shall fill out and forward to the National Office, on or before the 15th of each month, the membership and financial reports, together with all taxes and assessments due the National Association of Catholic School Teachers. Locals shall revise and correct the membership list with each per capita payment.
E. SUSPENSIONS OF LOCAL UNIONS
A charter issued to any local may be suspended or revoked by the Executive Committee when the existence of such local is detrimental to NACST.
However, except for nonpayment of dues to this organization, no local shall have its charter suspended or revoked until the completion of a hearing as set forth in this Constitution, ARTICLE V, HEARING, TRIALS AND APPEALS.
ARTICLE V – HEARINGS, TRIALS, AND APPEALS
A. RIGHT TO BRING CHARGES
- Charges against a local union, local union official or a local union member must first be brought pursuant to a local union’s constitution and by-laws.
- Charges against a National Union official must be filed with the National Association.
- An elected official of the National Association may be removed from office for the commission of any serious misconduct.
- “Serious Misconduct” shall be defined as those acts for which a person could be removed from office under Section 504 of the Landrum-Griffin Act if such Act were to apply to the NACST, together with similar acts as well as absence from two (2) consecutive Executive Committee meetings, which absences are not excused by a majority vote of the Executive Committee.
B. Removal of Executive Committee Member or National Officer
- Removal of an Officer for serious misconduct shall be initiated by the presentation to the Executive Committee of a petition signed by no fewer than 50% of the regular membership.
- The Executive Committee shall promptly hold a mail referendum on the issue of removal from office. A three-fouths (3/4ths) vote of the regular and special members shall be necessary to remove an Officer from his/her office.
- The Executive Committee shall, by majority vote, fill the unexpired term of any officer removed for serious misconduct.
C. Local Union Discipline
- Local Union Discipline may result in fines, suspensions or expulsions from membership. Trials at the local union must conform to the local union constitution and must provide, at a minimum, for procedural due process and fundamental fairness. To wit: written notice of the charges, an opportunity to defend against the charges and a decision by an impartial body. It is unnecessary to provide representation by an attorney or to have a transcript of proceedings incorporated into any local procedure.
D. Appeals
- Either the charged or the charging party may take an appeal in accordance with this ARTICLE. The appeal must be filed with the International Secretary-Treasurer within fifteen (15) days after the receipt of the decision being appealed, shall be in writing and specify the portions of the decision being appealed and the reasons for appeal.
- Appeals from decisions of a local union trial board or the local union Executive Committee shall be taken to the General Executive Committee. The appeal from decisions of the General Executive Committee shall be taken to the Convention.
- The judgement being appealed must be complied with before the filing of the appeal, unless a majority of the Executive Committee, for unusually good cause shown, shall specifically, and, in part or in whole, absent such stay. The judgement shall stand and remain in full force and effect unless and until reserved by the appellate body.
- The appellate body shall have discretion to consider the case on the basis of the record made before the trial tribunal, or by a retrial of all or some issues, and shall also have discretion as to whether the parties may present their position in person or in writing.
E. Exhaustion of Remedies
All remedies provided for in this Constitution must be exhausted before resorting to any other court or tribunal.
ARTICLE VI – OFFICERS
A. Titles and Terms of Office
The elected officers of the National Association shall be a President, an Executive Vice-President, a Secretary-Treasurer, and, at most, four (4) Vice-Presidents at Large, and they shall be elected in accordance with the By-Laws. These officers shall constitute the Executive Committee. They shall be elected in 1978 and every three (3) years thereafter for a term of three (3) years. Vacancies shall be filled as provided in ARTICLE III, Section B3.
B. The President
The President shall be the chief executive officer of the National Association and shall administer all of the affairs of the National Association and shall execute policies of the National Association as determined by the Convention and the Executive Committee.
C. The Executive Vice-President
The Executive Vice-President shall assist the President in the performance of his duties. The Executive Vice-President shall, in the absence of the President, preside at meetings and perform the duties of the President. In the event of a vacancy in the office of President, the Executive Vice-President shall succeed to the office for the unexpired term.
D. The Secretary-Treasurer
The Secretary-Treasurer shall keep records and minutes of all meetings of members and of the Executive Committee, and shall be responsible for the regular correspondence of the organization. The Secretary-Treasurer shall be responsible for the safe keeping of all documents pertaining to the organization, its business and affairs, and shall maintain the official list of the National Association members. The Secretary-Treasurer shall be chief financial officer of the organization and shall be responsible for all funds received or dispursed by the organization. The Secretary-Treasurer and any other officers authorized to sign checks shall be bonded by a licensed agency.
E. The Vice-Presidents at Large
The four (4) Vice-Presidents At Large shall perform duties assigned by the President and/or the Executive Committee. They shall assist in the carrying out of all directives and policies of the organization.
F. Qualifications
In order to be eligible to run for office, a candidate must be a regular member in good standing of the National Association of Catholic School Teachers for at least two years, and the candidate’s local must be current in its dues.
No member holding the position of Vice-Principal, Principal or similar Supervisory position with a Catholic educational institution may run for any elected position.
G. Limitation
There shall be no more than two (2) Officers elected from any one local of the National Association.
ARTICLE VII – CENSURE OF OFFICERS
The Executive Committee may, by a 2/3 vote, censure a member of the Executive Committee whose conduct is not in harmony with the principles of the National Association and tends to bring the National Association into disrepute.
Executive Committee Absences
If an Executive Committee member misses two (2) consecutive Executive Committee meetings and his/her absence is not excused by the Executive Committee, his/her position may be declared vacant and a successor may be appointed subject to the provisions of POWERS AND DUTIES, Section C.
ARTICLE VIII – CONVENTIONS
A. Time and Place
There shall be an Annual Convention. The Executive Committee shall designate the time and place of the Annual Convention. The Committee shall consider all recommendations including any from the previous convention, in determining location and time.
B. Representation at Conventions
- Locals shall be entitled to one (1) delegate for each 50 members or major fraction thereof.
- The Convention shall be open to any member of the organization who wishes to attend as an observer. An observer shall have a voice but no vote.
- Officers of the organization shall not be elected as delegates to the Convention from their local. They shall be seated as ex-officio delegates and shall have one (1) vote at the Convention.
- Delegates and/or alternates to the Convention from a local shall be elected by secret ballot. Members of each local who are regular members of NACST, as defined in Article II, must be given suitable opportunity to nominate candidates for the office of delegate and alternate. Notice of the right to make nominations must be sent to each member or given a prominent place in the local publication and on bulletin boards. Notice of the right to make nominations and notice of the election may be combined in one notice. Written notice announcing the time and place of election of delegates must be mailed to each member at least 15 days prior to the election. The results of the election must be published and the ballots kept for one year.
- Each local must send by registered or certified mail to the National Office a certified list of all elected delegates and alternates not later than fifteen (15) days prior to the opening date of the Convention. Only delegates and alternates on this certified list shall be registered and seated at the Convention.
- In the event of non-delivery in the National Office of the Certified List of the election delegates and alternates, the Executive Committee may recommend the seating of the delegates and alternates only upon the submission by the president, secretary, or ranking delegate of the local of a statement certifying the list of elected delegates and alternates accompanied by the duly authorized duplicate credentials and receipts showing that the originals were sent to the National Office by registered or certified mail, postmarked no later than fifteen (15) days prior to the opening of the Convention.
- To be entitled to representation at the Convention, the full per-capita tax of the local and all other monies due the National Association of Catholic School Teachers shall be paid through June 30, preceding the Convention date, such payment to be made to the National Office no later than fifteen (15) days prior to the opening date of the Convention.
- For the purpose of this article, membership shall mean the average number on which the per-capita tax has been paid for the first twelve months of the fourteen-month period immediately preceding the month in which the Convention meets; provided:
a. That no local in arrears for two months at the time of the Convention shall be entitled to representation.
b. That, in the case of locals which have been chartered during the year preceding the Convention, the average shall be computed on the basis of the number of months of affiliation, the minimum for such computation to be two.
c. On all roll calls in the Annual Convention, each local represented shall be entitled to a number of votes equal to the average membership as defined in Section 1. The votes of a local shall be distributed as evenly as possible among the delegates present at the time of voting, but votes shall not be fractioned. All additional voices shall be assigned by lot or by an objective formula which has been previously reported to the Secretary-Treasurer of the National Association of Catholic School Teachers, with no delegate getting more than one of the additional votes.
d. Election of Officers to the NACST by the delegates at the National Convention shall be by secret ballot.
e. If a delegate formally informs the Chairman of the Credentials Committee that he/she is leaving the Convention may be taken by an alternate, if any has been certified and in order as listed. No other transfer or substitution of voting rights shall be allowed.
ARTICLE IX – AMENDMENTS
A. Procedures
Proposed amendments to the Constitution may be submitted to the Annual Convention either by request of the Executive Committee or the Convention, or by request of a local. All amendments shall bear the signature of at least two (2) elected officers of the local introducing the amendment. The officers signing the amendment shall certify that the amendment was approved for submission to the Convention by the Executive Board or membership of the local.
B. Referendum Vote
Proposed amendments may be submitted to a referendum vote under the procedure set up in Article X.
C. Time Limitations
If a proposed amendment is to be submitted to a National Convention, it must reach the National Office ninety (90) days prior to the National Convention and must be sent by the National Office to the locals sixty (60) days prior to the National Convention.
D. 2/3 Vote Requirement
The Constitution shall be amended at the Convention by two thirds of the votes cast.
ARTICLE X – REFERANDA
A. Initiation
Proposed actions, including actions of the Convention and amendment of the Constitution and By-Laws, shall be submitted to a referendum vote by order of a majority of the Executive Committee or by request of a majority of locals or by petition signed by not less than ten percent (10%) of the members: provided, however, that in no case shall a referendum be held between June 1 and September 1; and provided that actions taken by the Executive Committee concerning:
- actions of the Convention involving expenditures of funds.
- the employment, re-employment or dismissal of officers, organizers, office employees, and other general employees who are appointed and whose salaries or other renumeration are fixed by the Executive Committee.
- the power to interpret and enforce the Constitution and to make rules and by-laws not in conflict with the Constitution subject to report to succeeding the Convention for approval, rejection, or modification.
- the power to appoint committees not inconsistent with the Constitution.
- the time and place for the meetings of the Executive Committee and the expense involved therein.
- the power to fill vacancies on the Executive Committee
- the power to investigate locals shall not be the subject of referendum; and further provided that action taken by the Convention under authority of the By-Laws governing Nominations and Election procedures, shall not be subject of referendum except as otherwise specifically provided in this Constitution.
B. Voting
After receipt of order or request for referendum, it shall be the duty of the National Association President to transmit the question to be voted on to the locals within two (2) weeks of its receipt by him/her. Following this, there shall be a period of thirty (30) days during which the proponents and opponents shall be given opportunity to debate the issue through regular channels of the Union, at the end of which time the President shall send to the locals in good standing, ballots upon which the members shall cast their votes and shall also send to members-at-large ballots upon which the members-at-large shall cast their votes.
The President shall secure the ballots, set a date and time for counting and cause them to be counted in the presence of himself/herself and the Secretary-Treasurer. In the alternative, the President, with the consent of the Executive Committee, may engage an independent agency to conduct the balloting and to count the votes. In such event, agency shall count only those ballots received during the thirty day period following the mailing of the ballots to the members.
Ballots shall be sent out only to locals in good standing and to members-at-large in good standing. The votes shall not exceed in number the number of members and members-at-large for which per-capita was last paid prior to the date on which ballots cast were sent from the National Office. Should the number of ballots cast by any local exceed the number to which that local is entitled then the “ayes” and “nays” shall be reduced proportionately to come within the required number.
The President shall notify the locals of the results of the referendum as soon as possible, but no later than two weeks following the receipt of the count. The President shall also publish the results in the official publication of the National Association of Catholic School Teachers. Between Conventions, a referendum may be sent out only by a vote of the Executive Committee.
National Association policy adopted by referendum shall not be considered by the first Convention following the referendum.
ARTICLE XII – SAVINGS CLAUSE
If any Article(s) or portion of any Article(s) of this Constitution becomes invalid for any reason, the remaining Articles and portions of the Articles will remain in full force and effect.
ARTICLE XIII – RATIFICATION OF THIS CONSTITUTION
This Constitution shall be presented to the regular members of the National Association. The action of a majority of the members shall be binding on the National Association.
BY-LAWS
1. Nominations and Election Procedure
a. All nominations of officers shall be by petition signed by at least twenty-five (25) regular members, and presented to the National Office no later than five (5) days prior to the start of the Convention.
b. Procedures for the nomination and election of officers shall be determined by the Nominations and Election Committee with the consent of the Executive Committee.
c. Balloting for election of the officers shall take place under the supervision of the Nominations and Election Committee. No other official business of the Convention shall be conducted during balloting.
d. A majority of the ballots cast for the office of President, Executive Vice-President, Secretary-Treasurer, and Vice-Presidents at Large shall be required to elect these officers. The person receiving the highest number of votes for the particular office shall be declared the winner.
2. Dues
Effective September 1, 2023, the dues to the organization shall be $80 per year per member.
3. Standing Committees
a. The Standing Committees shall be established and their members appointed by the Executive Committee as needed.
b. As a matter of policy the Executive Committee shall endeavor to maintain continuity of personnel on Standing Committees.
c. Each Standing Committee shall make a written report for submission to the appropriate Convention Committee.
4. Use of the Organization’s Name
No group or individual may utilize the name of the National Association of Catholic School Teachers without its expressed consent.
5. Amendment of the By-Laws
a. The By-Laws may be amended by the same procedure as in ARTICLE IX, Sections 1 and 2, of the Constitution. All such amendments shall require a majority vote for their adoption except those relating to By-Laws, which themselves require more than a majority vote, in which case the same vote shall be required to adopt the amendment as required by the By-Laws to be amended.
b. If a proposed By-Law is to be submitted to a National Convention, it must reach the National Office sixty (60) days prior to the National Convention and must be sent by the National Office to the locals thirty (30) days prior to the National Convention.
6. Resolutions
Resolutions to the Convention may be introduced by the locals or the Executive Committee of the National Association of Catholic School Teachers. All resolutions shall bear the signature of at least two elected officers of the local introducing the resolution. The officers signing the resolution shall certify that the resolution was approved for submission to the Convention by the Executive Board or membership of the local or by the Executive Committee of the National Association. The resolution shall be submitted to the President of the National Association.
No resolution shall be introduced later than six weeks prior to the opening of the Convention except by two-thirds vote of the Convention. Resolutions must reach the National Office six weeks prior to the National Convention and must be sent by the National Office to the locals thirty (30) days prior to the National Convention.
No resolution shall conflict with any provision of the Constitution and By-Laws.
