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, "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. For the 2011-2012 school year, 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.

Beginning in the 2012-2013 school year, in the event, however, the limited teaching experience of at least one (1) semester (as defined in Article XVIII, Section 1) has been Distinguished, Proficient or Basic 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 reserves the right to determine the number of full-time teachers assigned to a school. A full-time teacher is defined as a teacher assigned to an eight (8) period roster which includes any combination of instructional and service period assignments as well as an assigned lunch and preparation period unless modified by Article IX, Section 9.

The System reserves the right to hire part-time teachers to supplement the teaching staff at a particular school. A part-time teacher is defined as a teacher who is assigned to teach no more than two (2) instructional periods. No more than two (2) instructional periods in any department can be taught by any combination of administrators, School Ministers, Directors of School Ministry or part-time teachers.

Notwithstanding the preceding paragraph, however, in any two (2) of the following departments—Fine Arts, World Language and one (1) other department of a school’s choosing—four (4) instructional periods may be taught by any combination of administrators, School Ministers, Directors of School Ministry or part-time teachers; provided, however, if four (4) courses within one (1) of the departments can be taught by a teacher with an appropriate competency, that position shall be a full-time position.

Competency in the subject area of any instructional period is a requirement.

Part-time teachers shall not be hired to replace full-time teachers.

In a year in which a constriction(s) occurs in a department where any part-time teachers are employed, no more than a total of two (2) instructional periods remaining from the full-time constricted teacher’s(s’) roster(s) may be taught by any part-time teacher(s).

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, except in those departments where up to four (4) instructional periods may be taught by part-time teachers. In those departments where an administrator(s) is/are assigned to an instructional period(s), the instructional period(s) will be counted in the number of sections which define a part-time teacher.

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 I, 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.

2. The subjects covered by the Agreement are conditions of professional services (wages, hours, and other terms and conditions of employment) of full-time lay teachers and long-term substitutes.

3. The Association recognizes that the operation and maintenance of the System is the sole 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 and to assist in the religious formation and education ministry of the school.

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 four (4) 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, determine academic programs, resource room services, and all support services as deemed necessary for the operation and management of the Secondary School System of the Archdiocese of Philadelphia. Nothing herein shall be deemed to limit or restrict it in any way in the exercise of all its functions. 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. Effective September 1, 2011, the Association will be provided with postings, lists, notifications, rosters, and other copies in paper form.

Effective September 1, 2012, the Association will be provided with postings, lists, notifications, rosters, and other copies in paper or electronic 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 of 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.