Priest in group backing teachers union

The following article appeared in the Wilkes-Barre Times Leader, July 8, 2008:

Priest in group backing teachers union

A relatively new organization that lists a King’s College priest as part of its steering committee has called upon the Diocese of Scranton to allow teachers to unionize.

The Catholic Scholars for Worker Justice issued a brief statement supporting the right of the teachers of the diocese to bargain collectively with the diocese “through an independent union of their own.”

The statement calls upon the diocese to again recognize the Scranton Diocese Association of Catholic Teachers (SDACT) and to immediately begin collective bargaining. The statement was posted on SDACT’s Web site, but was not on the Catholic Scholars site Monday afternoon.
Catholic Scholars was formed less than a year ago to promote Catholic social teaching on the rights of workers and the role unions play in securing justice for workers. It consists of about 200 scholars from colleges across the country.

In April, the Rev. Patrick Sullivan, a King’s College sociology professor, joined the group’s steering committee. Sullivan authored several books on labor issues and the Catholic Church. In February he publicized a letter he had written to diocese Bishop Joseph Martino that was critical of Martino’s statements regarding SDACT.

SDACT had represented teachers in many schools before the diocese restructured the system last year. At that time, the diocese eliminated local school boards that had negotiated with the teachers and formed four regional boards, three of which rejected requests to let SDACT represent teachers. The diocese established an employee relations program to represent school employees.

SDACT has waged a campaign to reverse that decision, shutting down some schools for a day and holding informational pickets and rallies. At a recent rally on Public Square, Catholic Scholars founder Joseph Fahey spoke in support of the union.

Union President Michael Milz said Catholic Scholars had contacted SDACT shortly after the diocese rejected unionization in January, and that the group helped draft House Bill 2626, introduced into the state House of Representatives by Rep. Eddie Day Pashinski, D-Wilkes-Barre. The bill would amend the Pennsylvania Labor Relations Act to cover Catholic teachers, giving them legal rights in their efforts to unionize.

Milz said the union expects members of Catholic Scholars to testify at public hearings this August regarding the bill.

Diocese spokesman Bill Genello did not respond to an e-mail and phone message seeking comment.

Scranton Catholic teachers backed in dispute

The following article appeared in the Scranton Times Tribune, July 8, 2008:

Scranton Catholic teachers backed in dispute

More than 150 Catholic workers’ rights and social justice scholars are now showing support for the teachers union the Diocese of Scranton refuses to recognize.

The Catholic Scholars for Worker Justice, an organization of more than 150 scholars engaged in research, teaching and publication on Catholic social teaching, issued a release Monday calling for the diocese to recognize the Scranton Diocese Association of Catholic Teachers as a collective bargaining unit.

“There’s a violation of Catholic teaching here,” Joseph Fahey, Ph.D., a professor of religious studies at Manhattan College and the organization’s chairman, said Monday. “We thought this was pretty much an open-and-shut case.

”Dr. Fahey studied all aspects of the conflict between the diocese and the union, visited the region and then wrote a report that he circulated to the organization’s members.

Members of the organization’s steering committee include scholars from Harvard Law School, Georgetown University, Catholic University of America and the University of Notre Dame. King’s College professor the Rev. Patrick J. Sullivan, C.S.C., Ph.D., who wrote a letter to news outlets this year criticizing Bishop Joseph F. Martino and the diocese, is also a member of the group.

The organization, which formed about five months ago and has grown rapidly, decided to endorse the teachers.

“Catholic Scholars for Worker Justice calls upon the Diocese of Scranton to end its campaign against the diocesan teachers’ right to free association,” the statement read.

Michael Milz, the president of the teachers union, said the statement represents the support the union has received from countless individuals, including religious scholars.

“I think it’s terrific,” Mr. Milz said. “It comes from some pretty heavy hitters.”

In January, the diocese announced it would not recognize the union and has instead implemented an employee relations program that focuses on issues such as wages, benefits, working conditions and the grievance process.

In a statement issued Monday, the diocese stated it “respects the right of individuals or groups to express their opinions.”

“In turn, the diocese asks those individuals and groups to respect the fact that a bishop is responsible for the apostolate of Catholic education in his diocese, and he has the right to manage the personnel practices in his diocese as he sees fit to best fulfill that apostolate.”

The diocese’s statement also noted there is no “campaign” by the diocese “against teachers’ rights,” which was suggested in the organization’s statement.

Catholic Scholars For Worker Justice Supports SDACT's Campaign

The SDACT campaign for dignity and justice has received the following “Statement of Support” from Catholic Scholars For Worker Justice. The organization consists of more than 200 Scholars who are engaged in research, teaching, and publication on Catholic Social Teaching on workers’ rights and social justice. Along with the statement of support the Scholars have issued a document which serves as background. Go to the following link for that document: CATHOLIC%20SOCIAL%20DOCTRINE%20AND%20WORKER%20JUSTICE.doc


Catholic Scholars for Worker Justice

STATEMENT OF SUPPORT

Scranton Catholic Teachers (PA)

Catholic Scholars for Worker Justice supports the right of the teachers of the Diocese of Scranton (PA) to bargain collectively with the diocese through an independent union of their choice. Catholic Scholars for Worker Justice calls upon the Diocese of Scranton to end its campaign against the diocesan teachers’ right to free association. Catholic Scholars for Worker Justice calls upon the Diocese of Scranton to once again recognize the Scranton Diocese Association of Catholic Teachers (SDACT) and to begin collective bargaining with SDACT immediately.

Catholic Scholars for Worker Justice

STEERING COMMITTEE:

JOSEPH J. FAHEY, Ph.D.
Manhattan College
Chairperson

JOE HOLLAND, Ph.D.
St. Thomas University
Vice Chairperson

MARY PRINISKI, O.P., Ph.D.
The Labor Guild, Archdiocese of Boston
Managing Secretary

THOMAS A. KOCHAN, Ph.D.
Massachusetts Institute of Technology
Treasurer

LOUISE AKERS, S.C., D.Min.
Office of Peace Justice and Integrity of Creation

JEROME BAGGETT, Ph.D.
Jesuit School of Theology Berkeley

RAYMOND DECKER, Ph.D.
Emeritus, Loyola Law School

TERESA GHILARDUCCI , Ph.D.
The New School for Social Research

JOAQUIN L. GONZALEZ, Ph.D.
University of San Francisco

DAVID L. GREGORY, Ph.D.
St. John’s University School of Law

JAMES A. GROSS, Ph.D.
Cornell University

PETER J. JUDGE, Ph.D.
Winthrop University

THOMAS C. KOHLER, Ph.D.
Boston College Law School

THOMAS J. MASSARO, S.J., Ph.D.
Weston Jesuit School of Theology

MARIA R. MAZZENGA, Ph.D.
Catholic University of America

JOSEPH A. McCARTIN, Ph.D.
Georgetown University

SHARON McGUIRE, O.P., Ph.D.
Siena Heights University

DAVID O’BRIEN, Ph.D.
Emeritus, College of the Holy Cross

JOHN J. O’BRIEN, C.P., Ph.D.
Calvary Retreat Center

JEANETTE RODRIGUEZ, Ph.D.
Seattle University

PATRICK J. SULLIVAN, C.S.C., Ph.D.
King’s College

TERRANCE W. TILLEY, Ph.D.
Fordham University

JOHN TRUMPBOUR, Ph.D.
Harvard Law School

WILLIAM P. QUIGLEY, Ph.D.
Loyola University New Orleans College of Law

MARTIN WOLFSON, Ph.D.

University of Notre Dame

Lies, half-truths and utter nonsense

The following letter to the editor of the Wilkes-Barre Citizens' Voice by Diocesan publicity director, Bill Genello, is nothing more than a gross compendium of lies, half-truths and utter nonsense. As Mike Milz said when receiving the news of his termination: "anyone who believes in the Diocesan version of this matter also must believe in the tooth fairy."

Milz was not targeted for layoff by diocese

Editor:

In a letter published in your June 20 edition, Jim Maloney suggests that the elimination of Michael Milz’s teaching position at Holy Redeemer High School was unfairly contrived by the Diocese of Scranton to punish Mr. Milz for his activity on behalf of the Scranton Diocese Association of Catholic Teachers (SDACT).

To support this false accusation, Mr. Maloney says that James Burke, human resources director for the Diocese, “guaranteed” that the hiring of teachers would be based on seniority and certification throughout the Holy Redeemer System in Luzerne County. His implication is that Mr. Milz should have been able to “bump” into a position at an elementary school if he didn’t have enough seniority at the high school.

Mr. Burke began meeting with teacher representatives in November 2006, five days after the preliminary recommendations for the school restructuring were announced. In the ensuing months, the hiring criteria were developed based on input from the teacher representatives, and one of the primary concerns of the elementary teachers was that teachers on the secondary level not be allowed to bump into their positions. The Diocese responded to this concern as the hiring policy was being developed. So while the criteria do apply within systems, they do not apply between the high schools and elementary schools. This was made clear in subsequent meetings with teacher representatives. No guarantees to the contrary were ever made by Mr. Burke or anyone else.

To be clear, this policy was established at the beginning of the 2007-08 school year and was not changed thereafter in order to exclude Mr. Milz. This is the hiring policy that was used for the 2007-08 school year, and it is the same policy that was used to determine staffing for the upcoming 2008-09 school year.

Moreover, even if there were a teaching position open in the social studies department at Holy Redeemer High School, it must be pointed out that there is another teacher with more seniority than Mr. Milz who would be eligible to fill the position.

Mr. Maloney then cites several instances of staffing at Holy Redeemer to support his assertion that the Diocese “protected” some of its friends and “isolated” Mr. Milz so he would eventually be a “target for dismissal.” But none of these examples have any relevance to Mr. Milz’ employment status.

Mr. Maloney points to the Theology Department and the fact that it includes a Chaplain and two Directors of Religious Formation. The Chaplain at each of the four Diocesan high schools is a priest who is responsible for working with the administration to foster the spiritual life of the school.

The Chaplains do not assume teaching positions that otherwise would be filled by someone else.

The role of Director of Religious Formation has been an administrative position within our high schools for over 25 years. Deacon Robert Roman was appointed DRF for Seton Catholic High School in 2002, and James McDermott was appointed DRF for Bishop Hoban High School in 2002. When those two schools were among the four institutions that formed Holy Redeemer in 2007, it was determined that both men could share the duties required of the Director of Religious Formation as well as some teaching responsibilities.The Director of Religious Formation could be a full-time position with little or no teaching responsibilities in a school of over 800 students. If this arrangement was in effect at Holy Redeemer, there would still be a need for someone to teach those six classes in the theology department.

Therefore, if Deacon Roman were not serving as a DRF, he would still be eligible to fill this teaching position according to the criteria that apply to all teachers.Mr. Maloney also charges that Deacon Roman offered to teach an elective course in criminal justice in order to “justify his employment.”As noted above, Deacon Roman would have no need to justify his employment because even if he were not a DRF he would be eligible to teach in the theology department.

Moreover, even if this one elective course was part of the social studies curriculum, it would not necessitate another teaching position there or in any other department.

So, as the diocese has stated repeatedly, Mr. Milz was not “fired” or “targeted for dismissal.”Despite the efforts of some people to perpetuate this false accusation, it is not true.

Given the negative media coverage and public backlash that the Bishop and the diocese have endured over the issue of union recognition, and now over Mr. Milz’ employment status, it would have been easier if the diocese had made some special arrangement to make sure Mr. Milz had a job. But that would have violated the hiring policy and betrayed all of the other teachers who rightfully expect us to abide by it.

The easy way is not necessarily the right way.

William R. Genello
Communications DirectorDiocese of Scranton

What is the status of HB 2626? You can get e-mail updates.

HB 2626 has been introduced in the Pennsylvania General Assembly. It is a facially neutral bill that will provide the employees of religiously-affiliated schools with the same rights to organize a union as those now enjoyed by all other workers in the state of Pennsylvania - a right based on one of the freedoms prescribed in the U.S. Constitution's Bill of Rights - freedom of assembly.

The bill has been carefully crafted by legal scholars in order to be certain that in its application it will not present any threat to the principle of separation of church and state. Similarly structured laws have already faced and passed court scrutiny in other states such as New York and Minnesota.

The bill is now in the House of Representatives Labor Relations Committee and will soon be scheduled for hearings in various areas around the State.

Click on this link for a copy of the HB 2626: HB%202626.pdf

You can register to receive a daily e-mail update that will allow you to keep track of the bill as it makes its way through the General Assembly.

Labor act change promotes free choice by lay employeess

The following letter to the editor of the Wilkes-Barre Citizens' Voice appeared June 24, 2008:

Labor act change promotes free choice by lay employees

Editor:

The comments of religious organizations such as the Pennsylvania Catholic Conference and the Keystone Christian Education Association and others responding to House Bill 2626 (which would amend the Pennsylvania Labor Relations Act to include the employees of religiously-affiliated schools) demonstrate both the enormous lack of understanding, as well as the anti-union sentiment espoused by these bodies. One assumes a measure of good faith by these organizations in desiring to maintain a religious institution free from government intrusion. Yet the knee-jerk responses they have given miss the mark entirely.

Those familiar with the labor laws in this country know that neither the National Labor Relations Act nor the Pennsylvania Labor Relations Act compel an employer — any employer — to agree to anything in collective bargaining. These laws were never designed to force employers to agree to contract terms that would change the way they conduct their affairs. The labor laws in this country require only the following:

• they permit employees to select a bargaining representative of their own choosing;
• they compel an employer to bargain in good faith with that representative
• they forbid discrimination or retaliation against employees because they have selected a bargaining agent of their own choosing.

When one thinks closely about these requirements, the objections posed by religious organizations evaporate. None have stated publicly that their religious principles forbid them from recognizing or bargaining with a labor organization freely selected by their lay employees.

Where disputes exist over contract terms, our labor laws have always left the parties to their own devices as to how those disputes will be settled. Neither the National Labor Relations Board or the Pennsylvania Labor Relations Board dictates how these disputes get settled.

When one then examines the real basis behind the objections to House Bill 2626, it is not because there is a religious objection to bargaining with or recognition of a labor organization. It is simply because they do not wish to be compelled to do so. This is not a religious objection, but a pragmatic objection. These organizations wish to be free to set their own terms and conditions of employment without having to bargain in good faith with employees on an equal footing. Indeed, as has been demonstrated by the Diocese of Scranton, it also leaves these employers free to discriminate against those of their employees who do desire independent union representation. The bottom line is that religious schools are still just employers.

What religious employers may not do is flaunt labor laws that the legislature has deemed to be of general application and paramount to the health and welfare of the public: They may not abuse child labor, they may not employ minors seven days a week, they may not discriminate in employment on the basis of race, they may not pay workers sub-minimum wages, and they may not refuse employees examination of their personnel files. By comparison, religious employers are free from the obligation to pay unemployment taxes only because Congress has exempted them from this obligation, not because the Constitution forbids it.

The proposed amendment to the PLRA will not interfere in the religious mission of churches or church schools. What it promotes is free choice by lay employees who desire independent representation in connection with their wages, hours and working conditions.

Michael A. Milz, President

Scranton Diocese Association of Catholic Teachers (SDACT)

Church leaders remain deaf to the cry of the faithful

The following letter to the editor appeared in the Wilkes-Barre Citizens' Voice, Juen 24, 2008:

Church leaders remain deaf to the cry of the faithful

Editor:

As a diocesan teacher in the “system” for the past 37 years, it was heartening to see the support for our cause evident on Public Square on Saturday afternoon. In a movie, such a scene would suggest an inevitable victory for the teachers over the Bishop’s refusal to allow us the chance to choose our form of representation.

Later in the movie, perhaps we’d have a scene where the Bishop and his advisors would see that such overwhelming support could very well turn out to be a valuable resource for the Church itself. Such enthusiasm might easily be harnessed to promote Catholic values to thousands of youngsters in the decades ahead in schools re-structured and named by Bishop Martino. Such an uplifting movie would then conclude with this Bishop, stern, but finally having learned the wisdom in bending just a little.

We live, alas, in a very real world where Church leaders remain deaf to the cry of the faithful, forcing us instead to put our faith in the political process. With the help of Representatives Kanjorski and Pashinski, a solution may indeed finally present itself. And maybe that’s what’s needed these days: a happy ending without cheap sentimentality - and with politicians as heroes. Now there’s a surprise ending!

John Holmes
English teacher, Holy Redeemer High School