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 can be grieved. In the case of preferential treatment, the grievance must be linked to specific contract language and specific details regarding preferential treatment must be included in the grievance form.

In the case of harassment allegations, the parties agree to follow the Procedures Governing Harassment Complaints.

If either party disagrees with the decision that was rendered, the provisions of Article XIV may be utilized.

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 (1) 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 shall 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 privately with any bargaining unit member or meet with any member of the administration of the school, as long as this 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 and evaluations 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. Such material(s) shall be signed and returned to the Principal within two (2) school days. 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. Detrimental or derogatory material two (2) or more years old shall be removed from the tenured teacher’s file and may not be used in any disciplinary action. Detrimental or derogatory material three (3) or more years old shall be removed from the non-tenured teacher’s file and may not be used in any disciplinary action.

Materials shall remain in the teacher’s file in perpetuity, and may be used for disciplinary action at any time, when such materials concern misconduct involving students in which disciplinary action has been taken or suspension has occurred. “Misconduct involving students” shall be defined by or as (i) current prohibitions set forth in 22 Pa. Code Section 235.10, (ii) a violation of the Standards of Ministerial Behavior and Boundaries, and/or (iii) Archdiocesan Acceptable Use Policies as they relate to students.

The time limitations of this Section 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.

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 one (1) week 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, not more than three (3) years old for non-tenured teachers and in perpetuity when they concern serious misconduct involving students as defined in Article III, Section 9.

9a1. Statements from students who bring an allegation(s) against a teacher shall be given to the teacher with the name of the person making the allegation(s). Statements from student witnesses shall be given to the teacher with the names of the students redacted. Such statements may be used in the investigation of a disciplinary action against a teacher provided the teacher has been given a copy of the material being so used at least one (1) week 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. Once the System makes an internal decision to impose discipline on the teacher, the complete student witness statements used to support that decision, including names, shall be given to the teacher if requested by the teacher.

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 Principal, he/she should complete Exhibit 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 an electronic 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 updated in electronic form 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.

By October 15, the System shall furnish to the Association a copy of each school's Master Roster by department as well as the number of students in each class.