SECTION 1. NAME

This organization shall be known as the Scranton Diocese Association of Catholic Teachers, a local of the National Association of Catholic School Teachers.

SECTION 2. JURISDICTION

1. The jurisdiction of this organization shall be the Diocese of Scranton, PA.

2. This Association may affiliate with any other group or labor organization having as its purposes, purposes similar to and not in conflict with the purposes of this Association. Such an affiliation may be proposed to the Executive Board by any two (2) members thereof or by twenty (20) or more regular members. After review by the Executive Board, the proposal shall be submitted to the general Membership for majority vote by referendum.

SECTION 3. PRINCIPAL OFFICE

The principal office of this organization shall be located within the Scranton Diocese where all books, records and financial documents shall be kept.

ARTICLE II: Purpose

The purpose of this organization shall be:

1. To unite the employees of the Diocese of Scranton, its subdivisions, and any other unit which affiliates with the Association.

2. To deal with the employers of the employees cited above concerning grievances and employer-employee disputes.

3. Advance the employee's standing in the community and in the labor movement through legal and economic means.

4. To encourage, aid and establish academic and professional excellence among professional employees; to encourage, establish and promote programs to further the excellence of all employees in their assigned roles.

5. To strive to secure full rights to government aid for non-public schools.

6. To establish a working relationship between the Association and employers of the employees cited above for the attainment of mutual goals and objectives that would benefit their respective faculties, students and schools.

7. To foster cooperation with other labor and professional organizations and with individuals in seeking achievement of mutual goals.

ARTICLE III: Membership

SECTION 1. DEFINITION OF MEMBERSHIP

1. Regular membership of this organization shall be available to all persons employed in any unit represented by this union or its affiliates.

2. Honorary membership may be conferred upon any individual by a majority vote of the Executive Board, but, such members shall have no vote in the affairs of this organization.

3. Any individual whose membership in the Association has ceased due to resignation or expulsion and who wishes to again become a member, must submit an application to the Executive Board which will review it and notify the individual of its decision.

SECTION 2. VOTING PRIVILEGES

1. All regular members in good standing shall have voting privileges. Good standing shall be defined by the Constitution of this Association.

SECTION 3. DUES

1. Each member shall pay dues in the amounts and on the date established by the Executive Board with the consent of the General Membership. Such consent shall be given by a secret ballot election or at a general membership meeting. In either case, a majority vote of those present or responding by mail shall be necessary to enact this measure.

(a) Any member who fails to pay dues as required shall be removed from the membership list, but may be reinstated upon payment of dues.

ARTICLE IV: DISCIPLINE

1. A member may be expelled for just cause provided that written charges are presented to the Executive Board signed by at least two (2) members in good standing. The charges must be presented to the Executive Board within ninety (90) days after the occurrence forming the basis of the charge becomes known. The Executive Board shall forward to the member so charged the specific written charges. The member shall be given ten (10) days to prepare his/her defense. The Executive Board has initial and full authority to conduct such investigation as it deems necessary in connection with the expelling of any member. After such investigations, the Executive Board shall conduct a hearing at which time the member may present his/her defense.

(a) the costs of such hearings shall be borne by the parties initiating the charges unless the person is found guilty in which case the expenses of the initiating parties shall be home by the Association. (b) After such hearing, the member may be expelled provided that two-thirds of the Executive Board so vote.

ARTICLE V: OFFICERS

1. The officers of this organization shall be: President, Vice-President, Executive Secretary, Treasurer, three Members-at-Large, and four Area Vice Presidents. Together they shall constitute the Executive Board of this organization.

2. Any regular member in good standing shall be eligible for election to office after he or she has been a member of this organization for two years or a member for two years of an organization of which the Association is, or becomes, successor.

3. In each November of even numbered years, Officers shall be elected by the entire active membership by secret official ballot for a term of two years. Eligible members who wish to run for a specific office shall file a petition with the Nominations and Elections Committee no later than October 20. These petitions shall state: "I (name of candidate) from (name of school) wish to run for the office of (name of office), and will serve in that office if elected." In the event that no petitions are received for nominations to a particular office by October 20, only in this event shall the Executive Board make nominations. In this event they shall nominate at least two (2) eligible members for specific office(s) by October 25. Ballots shall be sent out no later than November 25.

Area Vice Presidents shall be elected by the active membership of their area. Areas are defined as follows:

Northeast: Bishop Hannan High School (Scranton), St. Mary of Mt. Carmel (Dunmore), St. Paul's (Scranton), Bishop O'Hara High School (Dunmore), Sacred Heart High School (Carbondale), St. Michael's School (Hoban Heights), Holy Rosary (Scranton), Nativity of Our Lord (Scranton), St. Ann's Monastery (Scranton), St. Anthony (Dunmore), St. Clare (Scranton), St. Mary of the Assumption (Scranton), St. Patrick's (Scranton), Our Lady of Peace (Clarks Green), La Salle Academy (Jessup), St. Mary's (Old Forge), Epiphany (Sayre), St. Agnes (Towanda), St. Mary's Visitation (Dickson City), St. Vincent's (Honesdale), St. Mary Czestochwa (Scranton). Central: Bishop Hoban High School (Wilkes-Barre), Bishop O'Reilly High School (Kingston), St. Nicholas-St. Mary's (Wilkes-Barre), Regis Academy (Swoyersville), Regis Elementary (Forty Fort), St. Aloysious (Wilkes-Barre), St. Jude (Mountaintop), St. Mary's (Avoca), Wyoming Area Catholic (Exeter), Sacred Heart (Wilkes-Barre), St. Boniface (Wilkes-Barre), St. Hedwig's (Kingston), Gate of Heaven (Dallas), Pope John Paul II (Nanticoke), Holy Rosary (Duryea), SS Peter and Paul (Plains), Sacred Heart (Luzerne), Seton Catholic High School (Pittston), Sacred Heart (Pittston), St. John Baptist (Pittston), St. Mary of the Assumption (Pittston), Holy Child (Plymouth), Sacred Heart (Dupont). Southeast: Bishop Hafey Junior/Senior High School (Hazleton), Holy Spirit Academy (Hazleton), Holy Trinity (Hazleton), St. Gabriel (Hazleton), St. Joseph (Hazleton), St. Stanislaus (Hazleton), Transfiguration (Hazleton), Notre Dame High School (East Stroudsburg), Notre Dame Elementary (East Stroudsburg), Msgr. McHugh (Cresco). Southwest: Bishop Neumann High School (Williamsport), Immaculate Conception (Bastress), St. Ann (Williamsport), St. Boniface (Williamsport), St. Joseph (Williamsport).

4. Executive Board elections shall be conducted under the supervision of the Nominations and Elections Committee and shall be by written secret ballot for all contested offices. In the event that the Nominations and Elections Committee certifies that only one nomination has been received for a particular office(s) that candidate will be declared the winner and no balloting need take place. Each regular member in good standing shall have an equal opportunity to vote.

(a) No more than four officers from any one school shall serve on the Executive Board. In the event that election results produce more than four successful candidates from any one school, the order of priority to delete shall begin at the office of Member-at-large with the fewest votes, Executive Secretary, Treasurer, Vice President and President.

5. The term of office for members of the Executive Board shall begin on January 1 of odd numbered years and end on December 31 of even numbered years.

6. Any vacancy in any office shall be filled by appointment of the remaining officers of the Executive Board, but such appointees shall serve only until the next regular election, when the unexpired term shall be filled in the same manner as other offices.

ARTICLE VI: DUTIES AND POWERS OF THE OFFICERS OF THE EXECUTIVE BOARD

1. It shall be the duty of the Executive Board to execute the policies determined by the Members or by the Executive Board, and the Executive Board shall have the sole power to do so unless specifically restricted in and by this constitution.

2. The Executive Board shall have the power to manage all the business and the affairs of this organization including, but not limited to the following:

(a) To sue and be sued, complain and defend, on behalf of and for the use of the organization. (b) To employ and/or retain attorneys and counselors to advise the members, the Executive Board, the officers, and or the employees of the organization on all matters pertaining to the organization's business and/or affairs. (c) To employ accountants, agents and/or other persons having skills and knowledge the Executive Board deems necessary in the conduct of the business and affairs of the organization. (d) To fix the compensation paid the members of the Executive Board for services rendered to the organization. (e) To adopt an official seal and other insignia and to use the same by causing it or them, or facsimiles thereof, to be impressed, affixed, or in any manner reproduced, and to alter same at their pleasure, and no other person(s) and/or body(s) may use or cause to be used such seal(s) and/or insignia, without the express written consent of the Executive Board. (f) 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 and/or any interest therein for and by the organization. (g) To sell, convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of property and assets of the organization. (h) To purchase, take, receive, or otherwise acquire, own, hold, vote, and use shares or other interests in, or obligations of corporations, associations, partnerships, or individuals; and to sell, mortgage, loan or pledge, or otherwise dispose of such shares, interests, or obligations on behalf of the organization. (i) To make contracts and incur liabilities which the Board may deem appropriate to enable them to accomplish any or all of the purposes to borrow money for the organization 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 the organizations obligations by mortgage, pledge, or deed of trust of all or any of its property and income. (j) To invest the funds of the organization from time to time in any real or personal property; and to take and hold real and personal property as security of funds so invested or loaned. (k) To approve an annual budget which shall then constitute the Board's approval of expenditures of the type and amount contained therein, and to revise that budget as and when it deems such revisions necessary and/or proper. (l) To do anything they deem necessary or appropriate to the exercise of the foregoing powers or any other power not specifically granted to and limited to any other body or officer in and by this Constitution.

3. The Executive Board shall have the power to interpret and enforce this Constitution and to make rules not in conflict with this Constitution. Such interpretations and rules shall be subject to appeal or modification by a majority vote taken at a general membership meeting.

4. The Executive Board shall appoint such committees as it deems necessary.

5. The Executive Board shall hold meetings as shall be designated by the resolution of the Executive Board, and may hold other meetings at such times and places as shall be determined by the President. Special meetings of the Executive Board shall be called within ten days of a request of any three (3) of its members submitted to the President or to the Executive Secretary.

6. A majority of the Executive Board shall constitute a quorum for the transaction of business at any meeting of the Executive Board. The action of a majority of the Board present at a meeting at which a quorum is present shall be the action of the Executive Board.

7. As to matters requiring action by the Executive Board, and when the Executive Board is not in formal session, the Executive Board may act by telegram, letter, or telephone. When action by the Executive Board is required, the President may obtain by telegraphing, writing, or telephoning to the members of the Executive Board and such members may take action on the matter brought to their attention in similar manner. Such action so taken by the majority vote of the members of the Executive Board shall constitute action of the Executive Board as though the Executive Board were in formal session.

8. If an officer misses two consecutive Executive Board meetings, and his or her absence is not excused by the Executive Board, his or her position may be declared vacant and a successor may be appointed subject to the provisions of Article V, Section 5.

9. The President shall be the chief executive of the organization. The President, or his/her designee, shall preside at all meetings of the members and of the Executive Board. The President shall serve as an ex-officio member of any committee except the Nominations and Elections Committee.

10. The Vice-President shall assist the President in the performance of his/her duties. The 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 Vice-President shall succeed to the office for the unexpired term.

11. The Executive Secretary shall keep records and minutes of all meetings of members of the Executive Board and shall be responsible for the regular correspondence of the organization. The Executive Secretary shall be responsible for the safe keeping of all documents pertaining to the organization, its business and affairs, except financial records, and shall maintain the official list of association members.

12. The Treasurer shall be the chief financial officer of the organization and shall be responsible for all funds received or disbursed by the organization. He/she shall submit a financial report to the Executive Board at least quarterly. The Treasurer and any other authorized to sign checks shall be bonded by a licensed agency.

13. The Executive Board alone shall have the power to assign duties and areas of responsibility for each of the Board's members except as specifically provided in this Constitution.

ARTICLE VII: IMPEACHMENT OF OFFICERS

1. Impeachment proceedings against any officer may be brought upon the presentation to the Executive Board of a petition for impeachment containing the charges against the officer and signed by at least fifteen percent (15%) of the regular members in good standing or two-thirds (2/3) of the members of the Executive Board.

2. A copy of the charges shall be presented by the Executive Board to the officer charged. The officer shall have ten (10) days to prepare his defense. The Executive Board has initial and full authority to conduct such investigation as it deems necessary in connection with the impeachment charges. After such investigations, the Executive Board shall conduct a hearing at which time the officer may present his/her defense.

3. The Executive Board members excluding the officer charged shall sit as the hearing panel and accept evidence presented by the petitioners and by the officer being charged. Refer to Article IV, Section (b) for payment of costs.

4. After carefully weighing all the evidence presented and its own findings, the Executive Board shall vote by secret ballot as to the validity of the charges and what sanctions, if any, are to be imposed if the charges are found to be valid. The consent of two-thirds (2/3) of the Executive Board shall be necessary to impose any sanctions including removal from the organization as a result of impeachment proceedings.

ARTICLE VIII: MEETINGS AND MEMBERS

1. A general membership meeting may be called by the President, three members of the Executive Board, or at the request of twenty-five (25) regular members. Such a meeting shall discuss and decide those matters for which it was convened.

2. A quorum for all general membership meetings shall be thirty percent (30%) of the regular membership.

3. Except where inconsistent with this Constitution, Robert's Rules of Order, Revised. shall determine the conduct of the meetings of members.

ARTICLE IX: DELEGATES

1. The regular membership at each school shall elect a Delegate Committee consisting of two (2) to seven (7) members, according to the appropriate size and needs of their school, who shall serve as the official union representatives at that school. The Delegate Committee shall designate one of their number as Senior Delegate for the purposes of liaison to the school's administration and employer, as well as liaison to the organizations Executive Board. The election shall take place between May 15 and June 1 of each year. Term of office begins immediately following the election.

2. The duties and responsibilities of the Delegate Committee shall be:

(a) To file and handle grievances on behalf of the members of the bargaining unit at their school as per the provisions of the Labor-Management Agreement and to submit a copy of all written grievances to the SDACT office. (b) To conduct meetings of the members on the local level. (c) To keep the Executive Board informed of pertinent union issues at their school. (d) To be responsible for the Association bulletin board in their school. (e) To see that the dues of members in their school are properly paid and submitted to the organization's Treasurer. (f) To be responsible for the distribution of all information from the Association to the teachers in their school. (g) To take responsibility for the conduct of all Association elections in the school. (h) To take responsibility for recruitment of new members in their school and for maintaining old members in good standing. (i) To attend all meetings of the Executive Board to which they are requested to attend. (j) To encourage members to attend general membership meetings. (k) To perform such other duties as are assigned by the Executive Board.

3. Delegates who fail to carry out their duties and responsibilities may be recalled. Charges against the delegate must be signed by a majority of the members at the Delegate's school or by two-thirds (2/3) of the Executive Board. See Article VII, Sections 2, 3, and 4 regarding procedures for hearing and costs.

4. A Senior Delegate from each school, or his designee, shall be invited to meetings of the Executive Board. When so invited, they shall act as advisors to the Board on matters of concern.

ARTICLE X: RATIFICATION OF COLLECTIVE BARGAINING CONTRACTS

1. No labor-management agreements or contracts shall be effective or binding upon the organization, its officers, or its members unless and until it has been ratified by the regular members who are also within the employee unit covered by the proposed agreement or contract. No member who is not also an employee within the unit shall have any vote to ratify or to refuse to ratify any proposed agreement or contract for the employee unit.

2. Any proposed labor-management agreement or contract shall be offered to the regular members in the covered employee unit for ratification in the following manner:

(a) The Executive Board and/or the Delegate Committee representing the bargaining unit shall call a special meeting of the members upon at least twenty-four (24) hours notice of such a meeting for the purposes of presenting the proposed agreement or contract. The action of a majority of the members present shall be binding on the unit.

ARTICLE XI: SAVINGS CLAUSE

If any article(s) or portion of article(s) of this Constitution becomes invalid for any reason, the remaining articles or portions of articles will remain in full force and effect.

ARTICLE XII: AMENDMENTS

1. An amendment to this Constitution may be proposed by two (2) or more members of the Executive Board or by twenty (20) or more regular members by submitting proposed amendments in writing to the Executive Secretary. Any proposed amendment shall be placed on the agenda of the Executive Board's next regular meeting.

2. After review by the Executive Board, a proposed amendment shall be submitted to all Senior Delegates who shall post that proposed amendment in their school for consideration of all regular members. It shall then be presented to the Senior Delegates at a special meeting called by the Executive Board. If two-thirds (2/3) of the Senior Delegates present vote to approve the proposal it shall be deemed ratified and become effective immediately unless otherwise specified.

ARTICLE XXII: RATIFICATION OF THIS CONSTITUTION

This Constitution shall be presented to the regular members at a special meeting. The action of a majority of the members present shall be binding on the Association.