Friday, September 24, 2010

Former teachers file lawsuit against Diocese of Scranton

The following article appeared in the Wilkes-Barre Citizens' Voice, September 24, 2010

Diocese of Scranton teachers, some of whom lost their jobs following a substantial Catholic school restructuring that began in 2007, filed a lawsuit Thursday in Lackawanna County Court against the diocese seeking more than $700,000 in unpaid benefits and severance packages.

Attorney Martin Milz, who represents the Scranton Diocese Association of Catholic Teachers - a union which is no longer recognized by the diocese - said diocesan officials continue to disregard arbitration rulings that found the laid off teachers are contractually entitled to the money.

"What's due is due," Milz said. "This is a bill that is a long time coming, so they're very much aware of it."

The suit follows five separate arbitration awards handed down between 2007 and 2009 claiming the diocese violated the union's collective-bargaining agreements with teachers affiliated with five now-defunct Catholic schools in Wayne and Luzerne counties. The schools are: Bishop Hoban High School, Bishop Hafey High School, Bishop O'Reilly junior and senior high schools, and Bishop O'Reilly High School in Luzerne County, and St. Vincent's School in Wayne County.

The suit, which seeks unpaid accumulated sick and personal days and severance pay allegedly contractually owed upon the teachers termination, was filed in Lackawanna County in part because the diocese is based in Scranton, Milz said.

The teachers union filed grievances and sought arbitration after the diocese announced plans to close some of its schools as part of a sweeping cost-cutting consolidation effort that later led to the termination of teachers' positions at each school.

The 11-county diocese has struggled financially in recent years also causing the shuttering of several churches in Northeastern Pennsylvania.

In a statement, diocese spokesman Daniel Gallagher said diocese officials have not reviewed the lawsuit.

"We are not in a position to comment on the specifics of the claims being made," he said.

The diocese has worked to resolve the issue and has fully compensated teachers involving collective-bargaining agreements reached among the diocese and the union through arbitration in three other schools, including faculty with the former Bishop O'Hara High School in Dunmore, Gallagher said.

"Efforts are still under way by the Diocese to address the five remaining arbitration awards," he said.

"They closed the schools without recognizing this language," Milz said. "They knew that before they made the decision."

Some teachers accepted new positions within the revamped diocesan school system, but were not allowed to rollover the terms of their previous agreements, Milz said. Gallagher said an offer to resolve the dispute as recently as June "was rejected."

"At this time, the lawyers representing the diocese will review the case filed by Mr. Milz and respond appropriately," Gallagher said.

The suit claims the diocese owes $724,619 to teachers at Bishop Hoban High School. It also alleges teachers at the other four schools were not compensated according to the terms of their agreements, but the amount is not defined.

Milz could not provide a final figure, but estimated it is around $1 million

Friday, May 28, 2010

Union busting is mortal sin, Catholic scholars say

The following article appeared in The National Catholic Reporter, May 20, 2010:


WASHINGTON -- A group of Catholic scholars contends that management efforts to break labor unions are a grave breach of the church's social doctrine and tantamount to committing mortal sin.

A statement from Weymouth, Mass.-based Catholic Scholars for Worker Justice, released May 1, the feast of St. Joseph the Worker, offers a detailed argument that actions to thwart union organizing campaigns, stifle contract talks, unilaterally roll back wages and benefits, and break existing labor agreements are a "grave violation of Catholic social doctrine on labor unions."

"This violation of Catholic doctrine constitutes material grounds for mortal sin because it stands in grave violation of both the letter and spirit of Catholic social doctrine," said the document, titled "Union Busting Is a Mortal Sin."

In laying out their argument, the scholars said efforts to deny workers the right to organize violate the First, Fifth and Seventh commandments regarding idolatry, scandal and theft, respectively.

Joseph Fahey, professor of religious studies at Manhattan College in New York City and chairman of the scholars group, told Catholic News Service May 14 that the statement analyzes the criteria for mortal sin much like a priest would during the sacrament of reconciliation.

"We said, 'What commandments does [breaking a union] violate? What specific matters of Catholic teaching does it go against? Is it a grave matter? If it is, is there an objective case for mortal sin?" Fahey explained.

"We do make a case that if you work to violate Catholic teaching to the extent that you violate a worker's right to free assembly, you are involved in the grave matter of mortal sin," he said.

The statement, posted on www.catholicscholarsforworkerjustice.org [2], was signed by 13 scholars, clergy and women religious. Additional signers were being sought, Fahey said.

Founded in 2008, Catholic Scholars for Worker Justice works to develop Catholic teaching on worker rights and to support workers. It has 250 members around the world, according to Fahey.

The statement arose out of a concern that the scholars have had regarding anti-union efforts they say have been carried out by some Catholic dioceses and organizations in recent years.

"There are many Catholic institutions that live up to Catholic teachings," Fahey said. "But there are some, either by ignorance or by design, that ignore Catholic teaching and we as scholars feel we have a role to play by pointing that out."

The statement said Catholic social doctrine is "forthright and unambiguous" in regard to labor unions. "It states boldly that they are essential to the universal common good," the document said, citing the Compendium of the Social Doctrine of the Church.

"The church's support for labor unions is rooted in the philosophical principle of freedom of association and the moral principle of a just or living wage," it continued, explaining that Catholic teaching has long held that workers have "the natural right of free assembly."

The scholars explained that under church teaching, such a right is rooted in divine law and that efforts to break a labor organization using civil laws is comparable to idol worship, which is contrary to the First Commandment.

"Since the right to form labor unions is rooted in divine law, no created law may be invoked to deny, or frustrate, or impede that right," the document said.

Furthermore, the statement continued, efforts to deny union representation to workers limit employee access to just wages and benefits, thus harming "social solidarity" and diminishing the "universal common good," both cited as violations of the Fifth Commandment.

"This is even more the case with sponsors and managers of Catholic institutions who ignore or deny Catholic social teaching on unions by hiring 'union avoidance firms' to prevent or 'bust' unions," the document said. "When an employer or manager, all the more with a Catholic employer or manager, engages in such scandal by publicly and systematically denying the official magisterial teaching of Catholic social doctrine on labor unions, that person has committed the grave matter of a mortal sin."

The action of breaking labor unions also amounts to "wage theft" as well as "the theft of the human right of free association," according to the scholars. Both violate the Seventh Commandment, they said.

Other violations of the Seventh Commandment cited in the statement include what the scholars described as "stealing" institutional funds to hire firms that specialize in anti-labor activities and "stealing" public tax funds to employ civil laws and government agencies to "unjustly delay, prevent or to 'bust' unions."

The scholars concluded their document by suggesting that Catholic employers, managers and sponsors who fear they may be violating Catholic social teaching consult with their confessor.

Monday, May 24, 2010

Labor Unions and the Church

The following article appeared in The Catholic Worker, May 2010:


By Joseph J. Fahey

In 1949 Cardinal Francis Spellman used New York archdiocesan seminarians to break a strike by gravediggers at Gate of Heaven Cemetery in Hawthorne, N.Y. Spellman alleged that the workers had come under the influence of Communist agitators and that he was "proud" to "be a strikebreaker." The Catholic Worker supported the strike and Dorothy Day wrote a letter to the Cardinal stating that, "Of course you know that a group of our associates at the Catholic Worker office in New York have been helping the strikers both in providing food for their families and in picketing..." Later, Dorothy lamented an "ill-advised" Spellman who "exercised so overwhelming a show of force against a handful of poor working men."

This is not an isolated instance of union busting by Church officials in the United States and, sadly, some Catholic employers continue to harass, intimidate, and fire employees who seek to join or form unions today. In 2008, for example, the (now resigned) Bishop of Scranton busted the long standing Scranton Diocese Association of Catholic Teachers by restructuring his school system and thus refused to negotiate with the union. In addition, there are all too many examples of Catholic schools and universities and Catholic hospitals that spend large sums of money to employ "union avoidance" firms that openly brag about their stellar track records in "union prevention in the workplace."

Fortunately, there are many examples of Catholic employers who enjoy productive relationships with employee unions. But it is a matter of grave concern that even a minority of Catholic employers engage in scandalous behavior by openly violating Catholic Social Teaching on workers' rights.

Some Catholic employers dismiss worker unions as relics of an industrial past or as intrusive third party organizations that have only the financial interest of the union at heart. Some Catholic employers are advised by ethicists (sometimes in their employ) who tell them that unions are, in effect, optional in Church teaching and that, while employers are obligated to pay a living wage, they are not required to recognize or support worker unions. Some employers take the organizing drives as a personal insult and are upset at the lack of respect shown them by the workers. And worst of all, some workers in Catholic institutions believe they are betraying Catholic principles when they join an organizing effort. "Am I disobeying the Church because I want a union?" a worker in California actually asked me last year.

Some Catholic employers harbor anti-union sentiments and even employ union avoidance firms out of ignorance of Catholic teaching on economics, work, and workers' rights. Some are badly advised by consultants who tell them what they think employers want to hear. Some, of course, know what the Church teaches about unions and with full knowledge and consent attempt to prevent or to bust unions. A brief review of Catholic teaching on unions will assist those employers who are people of good-will but who may have a mistaken understanding on what the Church teaches on unions.

Catholic Social Teaching

The Compendium of the Social Doctrine of the Church (2004) is a remarkable summary of 2000 years of official Catholic Social Teaching. To place Catholic teaching on labor unions in its proper context, the serious reader will consult the chapters on, "Principles of the Church's Social Doctrine," (pp. 71-94) "Human Work," "Economic Life," and "Political Life." (pp. 115-182) Several principles emerge in this significant treatment of Catholic teaching on labor unions:

* Unions are indispensible for the universal common good. Catholic teaching states that labor unions are a "positive influence for social order and solidarity, and are therefore an indispensible element of social life." (# 305) Further, Catholic teaching states that unions must play an active role "in the whole task of economic and social development and in the attainment of the universal common good." (#307) The Church teaches that unions are essential to a socially just society.

* Unions are rooted in the right of free association. In Catholic teaching the right to form unions is neither a privilege nor a mere product of positive civil law. The Compendium states, "The Magisterium recognizes the fundamental role played by labor unions whose existence is connected with the right to form associations or unions to defend the vital interests of workers employed in the various professions." (#305) The Church teaches that free association is rooted in the natural law that cannot be abridged or denied by civil law. Also, employers may not employ a just civil law to deny a right rooted in the natural law. Hence, any attempt to deny free association is a violation of natural law that is rooted in divine law.

* Unions protect the right to fair wages and benefits. The Compendium states, "Remuneration is the most important means for achieving justice in work relationships". The just wage is the legitimate fruit of work. They commit grave injustice who refuse to pay a just wage or who not give it in due time and proportion to the work done (cf. Lv 19:13; Dt 24:14-15; Jas 5:4). The Church further defines a fair wage as such that workers "may be furnished the means to cultivate...material, social, cultural and spiritual life and that of his dependants..." (#302) The principle that "natural justice always is above the freedom of the contract" has led the Church to consistently reject either the payment of a "minimum wage" or a wage that, though freely negotiated, fails the higher standard of a just or living wage.

* Unions foster solidarity through participation and subsidarity. Solidarity—especially expressed as a "preferential option for the poor"-has long been a cornerstone of Catholic Social Teaching. Solidarity is based on "the intrinsic social nature of the human person" and the "bond of interdependence between individuals and peoples." (#192) Subsidarity defends "smaller essential cells of society" that serve as "intermediate associations" between the individual and the state. The Compendium teaches that "The characteristic implication of subsidarity is participation...by means of which the citizen, either as an individual or in association with others, whether directly or through representation, contributes to the cultural, economic, political and social life of the civil community to which he belongs." (#189) The Church supports unions as intermediate associations that contribute to the solidarity of all through meaningful decisions that affect the common good.

* Unions must seek cooperative relations with employers. The Compendium teaches that "relations within the world of work must be marked by cooperation; hatred and attempts to eliminate the other are completely unacceptable." (#306) The concept of "class warfare" is rejected in Catholic teaching since, "both 'labor' and 'capital' represent indispensable components to the process of production." Hence, unions must respect and work cooperatively with employers and employers must accept unions as legitimate social entities that that have a legitimate stake in the workplace. When employers and employees collaborate together in the pursuit of their individual good the result is an increase in the universal common good.

A Brief History

Papal social encyclicals beginning with Rerum Novarum (1891) gave rise to a great deal of activity in support of unions in the United States. Fr. John A. Ryan published A Living Wage in 1906 and served as the author of the U.S. Bishops' Program of Social Reconstruction that firmly set the Church on a pro-union course. Beginning in the 1930s over 150 Catholic labor schools were founded to teach rank and file workers how to form and run unions. The Catholic Worker supported in word and deed worker's pickets, strikes, sit-downs and other activities that would assist workers to form or join unions. The Worker served as the home for over 20 years to the Association of Catholic Trade Unionists. Numerous Catholic organizations marched with César Chavez in the 1960s and 1970s to support the United Farm Workers. In 1986 United States Conference of Catholic Bishops published Economic Justice for All. In this remarkable pastoral letter the bishops gave their full support to "the right of workers to form unions" and stated, "We vehemently oppose violations of the freedom to associate, for they are an intolerable attack on social solidarity." (#104)

During these years the hierarchy, the religious, the pastors, and the people of the Catholic Church in the United States supported labor unions enthusiastically and with few exceptions. This was the period, of course, when Catholics were largely of the employee class that worked to produce profits for others. This was also the time when there was no demand for unions in Catholic institutions since the hierarchy could depend on the charitable services of religious and laypeople who voluntarily accepted less than a living wage.

The 1949 grave diggers strike at Gate of Heaven Cemetery signaled a change that was to come in Catholic employers' attitudes to unions. Things began to change when workers (and some priests!) sought to form employee unions at Church owned schools and hospitals and other social service institutions. Sadly, now that the Church itself was the object of union efforts, some Church leaders and religious communities became either silent on workers' right to form unions at Catholic institutions or they opposed them outright. Church opposition sometimes took the form of employing "union avoidance" firms that employed the civil law to frustrate the workers' natural right to free association.

This change of behavior on the part of Catholic officials caused real difficulty for some bishops, priests, religious, scholars, and laypeople who staffed diocesan agencies or who worked at Catholic hospitals or schools. Support for the union busting efforts at Catholic institutions was expected in the form of silence and obedience. Fr. Patrick J. Sullivan, C.S.C. has documented much of the opposition to labor unions in U.S. Catholic Institutions and Labor Unions 1960-1980. In his introduction, Fr. Sullivan notes that many Catholic agencies defended the right workers to form unions at non-Catholic institutions such as J.P. Stevens, Farah, and the California farm workers. Concerning Catholic institutions during this same period, Sullivan states, "the record from 1960-1980 was: few unionized Catholic institutions and much opposition to unions by Catholic institutional administrators." Sullivan spends the next 545 pages providing documentation for this statement.

Have things changed at Catholic institutions since 1980? Hardly. Institutional opposition to unions at Catholic schools and hospitals is as strong as ever and is made worse by the hiring of "union avoidance" firms that have developed since 1980. In addition, the hierarchy has chosen to remain silent on several legislative measures including the Employee Free Choice Act that would benefit workers by removing legal obstacles to their choice for a union. Few Catholic universities teach courses on labor relations and many Catholic students are completely ignorant of Catholic teaching on unions.

Going Forward

Inspired by Catholic Social Teaching on workers' rights and labor unions, Catholic Scholars for Worker Justice (CSWJ) was founded in 2008 to stand with workers who seek to unionize at Catholic and secular institutions and to develop scholarship in support of workers' rights to free association. CSWJ has 200 members at almost 100 colleges and universities. In just two short years CSWJ has issued a lengthy and detailed Foundational Statement: "Catholic Social Doctrine and Worker Justice: A Call to the Common Good" and has issued Statements of Support for workers at five institutions, four of them Catholic. CSWJ is also contemplating the creation of academic programs, such as a B.A. in Labor Studies, to revive Catholic support for the study of economic justice and worker's rights. (For information consult our website: www.catholicscholarsforworkerjustice.org.)

Unions are indispensible for the universal common good. That statement lies at the heart of Catholic teaching on worker's rights and it is time to proclaim it once again.

_____________________
Joseph J. Fahey is Professor of Religious Studies at Manhattan College in New York City and Chair of Catholic Scholars for Worker Justice.

Tuesday, May 18, 2010

RULING FAVORS EX-CATHOLIC SCHOOL TEACHERS


The following article appeared in the Wikes-Barre Times Leader, May 18, 2010:

Ruling favors ex-Catholic school teachers

Judge orders arbitration award be paid to teachers terminated from five area schools during consolidation.

WILKES-BARRE – A Luzerne County judge on Monday issued five orders directing that money awarded in arbitration hearings be paid to teachers who were terminated when local Catholic schools were consolidated.

Luzerne County Senior Judge Chester Muroski said in the orders that teachers of Bishop O’Reilly, St. Vincent’s School, Bishop O’Reilly Junior High School, Bishop Hafey and Bishop Hoban, will receive money owed to them in a lawsuit.

A hearing, in response to court papers filed by education associations of each respective school to confirm the awards, was held Monday inside Muroski’s chambers for attorneys to argue why the arbitration awards should or should not be distributed. Muroski ruled that each of the schools’ board of pastors is directed to “promptly comply (with) the terms of the award forthwith.”

Attorney Martin Milz represented plaintiffs. The diocese was represented by attorney Richard Goldberg.

A timeline on the actual dispensing of money was unknown Monday.

According to court papers, teachers who were employed at Bishop Hoban High School are owed over $700,000.

It is estimated the total amount for arbitration awards will exceed $1 million.

The arbitration awards stem from complaints filed by the Scranton Diocese Association of Catholic Teachers, which had represented some teachers until 2006, when then-Bishop Joseph Martino restructured the entire Catholic school system, eliminating local school boards and parish councils the union had dealt with.

The union asked to represent teachers under the new system of four regional school boards, but was rejected.

The diocese opted to start an “Employee Relations Program” it repeatedly insists gives all school employees fair representation.

The union argued the contracts teachers had before restructuring guaranteed that teachers who lost their jobs during the restructuring were eligible for accumulated sick leave and severance pay. The union filed grievances and says that, since May 2008, separate arbitration hearings were held for the teachers.

Several arbitrators ruled in favor of the teachers in October 2008 and ordered the diocese to immediately start paying the teachers, but the diocese had not done so, prompting a hearing Monday, where attorneys argued the matter of payment.

The diocese had previously said it intended to honor the awards but was not sure where the money will come from. Financial struggles were a key reason given when the school restructuring was done, closing many area buildings.

Tuesday, May 11, 2010

UNION BUSTING IS A MORTAL SIN

On May 1, 2010, the feast of St. Joseph the Worker, Catholic Scholars for Worker Justice released a statement entitled, Union Busting is a Mortal Sin. The document can be viewed at:

http://www.catholicscholarsforworkerjustice.org/UNION_BUSTING_IS_A_MORTAL_SIN.pdf


Saturday, May 1, 2010

SDACT waiting to hear from Bishop Bambera

SDACT Union waiting to hear from Bishop Bambera

BY PAUL TUCKER
THEUNIONNEWSSWB@AOL.COM

REGION, April 29th- According to Mike Milz, the President of the Scranton Diocese Association of Catholic Teachers (SDACT) Union, no meetings or discussions have been held between any union official and Scranton Bishop Joseph Bambera about returning the union as the bargaining representative of the Diocesan teachers.

The SDACT represented the teachers until August 2007 when the previous contracts expired and then Scranton Diocese Bishop Joseph Martino refused to negotiate for a successor agreement.

The union represented the teachers of 17 of the 42 grade schools and 9 of 10 high schools of the Scranton Diocese.

Mr. Martino implemented a new system that eliminated the small school boards and created 4 regional boards. SDACT previously had contracts with each Board of Pastors that represented each school. Bishop Martino implemented a “Employee Relations Program” after he told the union they no longer represented the teachers.

Mr. Martino stated the Pennsylvania Labor Relations Board (PLRB) had no jurisdition and therefore the Diocese of Scranton could simply ignore labor law and not bargain with SDACT, despite Bishop Martino’s stance clearly violated Pennsylvania labor law.

Mr. Milz was laid-off by the Diocese of Scranton in 2008 and he believes the termination was because of his union activity and his attempt to keep SDACT the bargaining representative of the Diocesan teachers.

Mr. Milz told the newspaper the union is “willing and able” to sit down with Bishop Bambera at any time to discuss the labor issue with him.

“The one thing that is obvious, the teachers would like to be unionized.” Hopefully, sometime soon we could sit down and work this thing out,” said Mr. Milz.

Monsignor Bambera became the 10th Bishop of Scranton on April 26th. The Diocese covers eleven Counties of Northeastern Pennsylvania.

Thursday, March 18, 2010

Union sends letter to incoming Scranton Diocese Bishop

The following article appeared in The Union News on March 15, 2010:


REGION, March 5th- Mike Milz, the President of the Scranton Diocese Association of Catholic Teachers (SDACT) Union, which once represented teachers of the Scranton Diocese, is anxious to met and discuss labor matters with Scranton’s next Bishop Joseph Bambera. Monsignor Bambera will assume the leadership of the 11 county Diocese.

The SDACT represented the teachers until August 2007 when the previous contracts expired and then Scranton Diocese Bishop Joseph Martino refused to negotiate for a successor agreement.

The union represented the teachers of 17 of the 42 grade schools and 9 of 10 high schools of the Scranton Diocese.

Mr. Martino implemented a new system that eliminated the small school boards and created 4 regional boards. SDACT previously had contract with each Board of Pastors that represented each school. Bishop Martino implemented a “Employee Relations Program” after he told the union they no longer represented the teachers.

Mr. Milz told the newspaper he has sent a letter to Monsignor Bambera requesting the two sides sit down and discuss the returning of the union. The union president was a 33 year employee of the Scranton Diocese working as a science teacher and later a social studies teacher at Bishop Hoban in Wilkes-Barre. The school remained open after many were closed throughout the Diocese and is now called Holy Redemmer.

Mr. Milz was laid-off by the Diocese of Scranton in 2008.

He has critized the Employee Relations Program claiming it is nothing but a “company union” similar to what the coal barons did in the early 1900’s in a attempt to stop the United Mine Workers Union (UMWU) from organizing their miners.

Mr. Milz told the newspaper the union has authorization cards signed by the teachers indicating they would like to be represented by the SDACT.

“We stand willing and able to sit down and discuss the return of the union. The teachers want us back and the labor community throughout the region has shown they disapprove of the way we were treated,” said Mr. Milz.

The cards were signed after Bishop Martino agreed to allow the union to represent the workers providing SDACT got a clear majority of the teachers to sign authorization cards. “Martino went back on his word and even later refused to discuss the union issue with us,” added Mr. Milz.

Thursday, March 11, 2010

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Pose important questions to new bishop of Scranton

The following letter to the editor appeared in the Wilkes-Barre Citizens' Voice, March 10, 2010:

Pose important questions to new bishop of Scranton

I read the interview with the new bishop and was compelled to reply with my thoughts. I was wondering who was responsible for the questions, was this directed by your staff reporter or was it scripted by the diocese? Change the names of bishops Timlin, Martino, or Bambera and the answers are the same.

These men should be commended for being loyal team players.

Where are the answers to the tough questions?

What does he think the effects of the clergy abuse and cover-up scandal has on his diocese? What is the future of Catholic education in the diocese? When if ever will they pay what is owed to the teachers? Will he recognize a teachers' union? Will the diocese continue to invest in real estate ventures while they continue to close churches and consolidate parishes? Will this bishop be open to the people or will he hide behind a spokesman?

I can't help but believe that this interview, and this letter was and will be influenced by the amount of money spent by the diocese on advertising dollars. In the interest of fair and equal reporting and truth I would welcome the new bishop's comments on these questions should this letter ever be published.

Ed Mattie
Dallas

Tuesday, February 23, 2010

SDACT Welcomes the Appointment of Bishop-elect Bambera

The President of the Scranton Diocese Association of Catholic Teachers, Mike Milz, sent the following letter to Bishop-elect Bambera today following the announcement that he had been selected to be the 10th Bishop of Scranton:


February 23, 2010

Msgr. Joseph C. Bambera
Bishop Elect, Diocese of Scranton
300 Wyoming Avenue
Scranton, PA 18503

Dear Msgr. Bambera:

On behalf of the members of the Scranton Diocese Association of Catholic Teachers, I congratulate you and wish you God’s blessings as you begin your tenure as Bishop of Scranton. Moreover, having personally experienced your kindness and concern during our meeting this past October, I must add that I am particularly excited about your appointment.

During our last meeting, I attempted to convey to you that the decision to deny lay teachers the right to organize has caused great pain and anguish, not only to our teachers, but to the larger Catholic community and the entire labor community of Northeastern Pennsylvania as well. Yet, throughout these many months, we have remained hopeful that reconciliation might be possible. I write today with the hope that, through you good offices and guided by the Holy Spirit, we might find a mutually-agreeable solution to this long-festering conflict.

As soon as your schedule might permit, we would like to meet with you to discuss how reconciliation might occur. We pray that you agree and respond accordingly.

Sincerely,

Michael A. Milz

President

He Shall Be Peace: Bambera Gets Scranton... For Good

The following article appeard in Whispers in the Loggia, February 23, 2010:

Good morning... and as expected, the gang up the Blue Route can officially start dancing: the Pope has named Msgr Joseph Bambera, 53 -- native son, "very much loved" pastor of two parishes, the day-to-day overseer of the Scranton diocese these last six months -- as Northeast Pennsylvania's tenth bishop.

Just shy of the six-month timetable Cardinal Justin Rigali set for the succession to the 350,000-member church, the apostolic administrator delivered, by all appearances with the cleric who was his first choice to succeed Bishop Joseph Martino, whose stormy six-year tenure ended with the embattled 63 year-old's early resignation on 31 August.

A former chair of the diocese's presbyteral council, regional dean and tribunal judge in addition to five pastorates, the bishop-elect quit Martino's curia in 2007 to return to parish life. Two years later, three weeks after the roof of one of his parishes caved in, Bambera re-emerged as Rigali's surprise pick to essentially run the diocese during the vacancy, after Rome's freshly-named administrator bypassed the leadership team Martino had left behind.

One of the Stateside church's most solid bastions, its "formidable challenges" on the personnel, pastoral and financial fronts as staggering as they've been decades in the making, the move gives Scranton a second native son among its last three bishops... and a particularly cherished one at that.

Since August, many testimonies to the nominee's traits -- prayerfulness, people-savvy, "good guy" -- have been quietly registered. Of them all, one -- from a local who's known the nominee for some four decades -- sums the rest up:

About Joe Bambera... he’s definitely not a prima donna, he’s a gentle soul with a quiet presence. His intelligence goes without question as does his goodness. He’s a really good guy and steady. Ever since ordination, Joe has taken on greater and greater responsibility in the diocese... he would be a great choice because he’s a hometown guy and knows the diocese and its people because they are his family. The priests trust Joe and they really need someone they can trust right now. This mess is not going to get cleaned up very quickly but the right choice in a bishop could save it from a cascade effect into total ruin. Joe would have the support of the priests, I think. That could make all the difference.

Within weeks of the Labor Day handover, Bambera set into patching up one of the higher-profile faceoffs of the Martino era -- the former bishop's withdrawal of recognition from the diocesan high-school teachers union.

The 2007 move sparked public protests, and even the proposal of statewide legislation which would've forced Pennsylvania's Catholic schools to recognize unions (a move that reportedly sent shockwaves through the Keystone State's church leadership).

After meeting with the delegate, union leader Michael Milz said he found the session "very encouraging."

And as he heads into the hot seat on a permanent basis, Bambera could use all the encouragement he can get.

In accord with the norms of the canons, the bishop-elect must be ordained and installed within four months of this morning's appointment.

Tuesday, January 26, 2010

Teachers Seeking Payment From Diocese

The following article appeared in the Wilkes-Barre Times Leader, January 26, 2010:


With attorney fees and interest included, the amount sought could easily top $1 million.
The first filings are expected to be done today, according to Michael Milz, a former teacher at Bishop Hoban High School and president of the Scranton Diocese Association of Catholic Teachers.

“There is a two-step process,” Milz said. “The first step is to file paperwork to affirm the awards we won in arbitration cases going back better than a year now,” he said, adding that separate filings were required for each school. “The next step is to file paperwork to attempt to force them to pay.”

The association had represented some teachers until 2006, when then-Bishop Joseph Martino restructured the entire system, eliminating local school boards and parish councils the union had dealt with.

The union asked to represent teachers under the new system of four regional school boards, but was rejected. The diocese opted to start an “Employee Relations Program” it repeatedly insists gives all school employees fair representation.

The union argued the contracts teachers had before restructuring guaranteed that teachers who lost their jobs during the restructuring were eligible for accumulated sick leave and severance pay. The union filed grievances and says that, since May 2008, separate arbitration hearings were held for teachers at Bishop Hoban, Bishop Hafey, Bishop Neumann, St. Vincent Elementary and Bishop O’Reilly Junior and Senior high school.

The union says arbiters rule in its favor in most cases and ordered the diocese to immediately start paying the teachers, but the diocese has not done so. The filings will launch a lawsuit attempting to force payment.

The diocese has previously said it intends to honor the awards but was not sure where the money will come from. Financial struggles were a key reason given when the school restructuring was done, closing many area buildings.

Saturday, December 12, 2009

Diocese and teachers disagree on result of employees' council

The following letter to the editor of the Wilkes-Barre Citizens' Voice appeared December 12, 2009:

Diocese and teachers disagree on result of employees' council

Editor:

In the November edition of the Catholic Light both the administrator of the diocese of Scranton, Monsignor Bambera, and human resources director, James Burke, are quoted about how wonderful the employees' council work is progressing. This is true from the diocese's point of view; not so true from the employees' point of view.

There is no binding contract between the diocese and the employee council. The council can only discuss and make recommendations about wages and working conditions. The diocese is free to accept, reject, or change these recommendations at any time without even consulting the employees. This makes the employee council useless as far as representing the teachers, secretaries and maintenance personal.

In the past two and a half years since Bishop Martino took away the teachers' union rights, the diocese has frozen teachers' pay, forced teachers into contributing $1,500 per year to a health care plan with higher co-pays and higher deductibles than the old plan, took away the dental plan, forced teachers to drop the retirement plan we have been with for years and join the diocese plan, increased the length of the school day, added an extra teaching period, increased class sizes, and required teachers to perform additional duties. This added work for less pay is reported as wonderful progress by Monsignor Bambera and Mr. Burke, but doesn't seem as wonderful to the teachers.

Also since Bishop Martino dissolved the union contracts a number of neutral arbiters have ruled that the diocese owes teachers in several schools money specified in the old contracts. The diocese refuses to pay this money owed for almost two and a half years now. Lawyers for the teachers are presently preparing a suit against the diocese to force payment. If the diocese will not even honor a binding contract and arbiter's rulings what makes teachers on the employee council think the diocese will honor nonbinding conditions suggested by this council?

Each of these changes were made over the years without even talking to the teachers, and the diocese spokespersons were often quoted saying, "This is what the teachers represented by the employee's council wanted." Reread the changes listed above made unilaterally by the diocese and ask yourself, if you were a teacher would you want these things? Would you trust the diocese to treat you fairly in a nonbinding agreement?

Eugene Gowisnok

Teacher in the Scranton Diocese for 33 years
Swoyersville

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Saturday, November 14, 2009

Catholicism and Labor

The following article appeared in NEPArtisan, November 14, 2009:

Catholicism and Labor

The Catholic Church, in its principled glory, has spent a lot of time for nearly the past two years denigrating and dismantling the teacher’s union. Michael Milz, the union president, was one of its victims.

It’s only logical for an employer to want to terminate an employee that threatens its agenda, but the dispicable thing that’s been going on here is that basic rights to representation in the workplace have been denied. Unions represent a necessary facet of the civilized world and it’s stunning to me that an institution that purportedly seeks social justice would be so unjust here.
Was Milz laid off because of his activities? Probably. But in the verdict absolving the church of wrongdoing, they get to walk away feeling sinless in the eyes of the court.

Being able to hide behind “discretion” due to that off-limits word “religion” doesn’t hide the obvious truth that the local Catholic Church has been anti-labor, anti-worker, and against the natural rights afforded to us by both civil law and what they should recognize as spiritual law.

I am not a fan of special status given to any instituion, non-profit, religious, or whatever, that takes advantage of that status to promote such an agenda. Yeah, that means you, anti-gay Boy Scouts and Salvation Army. Doing some good does not excuse discrimination in any way.

Amen.

Wednesday, October 14, 2009

New diocesan leader ends Bishop Martino's stonewall of teachers union

The following article appeared in the Scranton Times Tribune, October 14, 2009:

New diocesan leader ends Bishop Martino's stonewall of teachers union

After almost two years of unanswered or rejected invitations, a leader from the diocese met with the president of the Diocese of Scranton teachers union last week.

In the 22 months since now-retired Bishop Joseph F. Martino announced the diocese would no longer recognize the Scranton Diocese Association of Catholic Teachers, union President Michael Milz had repeatedly been denied a meeting with diocesan officials.

Last week, Mr. Milz sat down with Monsignor Joseph Bambera, delegate of Cardinal Justin F. Rigali, apostolic administrator of the diocese. Bishop Martino retired Aug. 31.

"It was a good meeting," Mr. Milz said. "It was our first communication with the diocese, of any kind."

Though any change to Bishop Martino's stance would likely not happen until a new bishop is named, Mr. Milz said he is encouraged.

William Genello, diocesan spokesman, said Monsignor Bambera had a "good conversation" with Mr. Milz and that the monsignor would be discussing the situation with Cardinal Rigali.
"Monsignor Bambera was willing to listen," Mr. Genello said.

Instead of recognizing the union, the diocese created an employee relations program in January 2008. The teachers union had previously been recognized within the diocese on a school-by-school basis, but after the diocese reorganized its school system, the diocese as a whole had to grant recognition.

In the year that followed the announcement, there were numerous rallies, protests and sick-outs - groups of teachers calling in sick on the same day.

When a new bishop is named, Mr. Milz wants Bishop Martino's decision reversed. "We're hopeful about the whole thing," Mr. Milz said.

Tuesday, September 15, 2009

Controversial Bishop Resigns

The following article appeared in the National Catholic Reporter, September 14, 2009:

Controversial Bishop Resigns

When Bishop Joseph F. Martino resigned Aug. 31 after six tumultuous years as bishop of Scranton, Pa., he left behind a diocese badly divided and demoralized, but, ironically, better prepared for the future than it was in 2003.

Sources contacted by NCR said the problem was Martino’s remote, uncommunicative and often authoritarian leadership style, not his decisions to close nearly half the Catholic schools and 40 percent of the parishes in the northeastern Pennsylvania diocese.

One longtime pastor said the parish and school closings and mergers “were absolutely needed.” He predicted that the basic program of restructuring the parishes, scheduled to be completed by 2012, will continue “pretty much as planned, with perhaps some fine tuning,” regardless of who the next bishop is. The basic program of school closings is already completed.

For months preceding his resignation -- at the age of 63, 12 years before the usual retirement age for bishops -- rumors flew around the diocese that the increasingly unpopular bishop had been called to Rome in June and had been asked, urged or maybe even ordered to submit his resignation.

No one contacted could offer positive evidence to confirm or rebut the speculation.

“It is very unusual for a bishop to resign at 63 years of age” and the Vatican would accept such a resignation only for exceptional reasons, said Jesuit Fr. Thomas J. Reese, a senior fellow at Woodstock Theological Center in Washington.

At the same time, “it is extremely rare for the Vatican to pressure a bishop to resign,” said Reese, author of three in-depth studies on how U.S. bishops and the Vatican exercise authority, pastoral leadership and administrative duties.

At the press conference announcing his resignation, Martino said he did so for health reasons, including “bouts of insomnia and, at times, crippling physical fatigue.” But he also acknowledged that his recent physical ailments stemmed from the stress and sorrow he felt over the lack of a “clear consensus among the clergy and the people of the diocese of Scranton regarding my pastoral initiatives or my method of governance.”

He said the diocese needs a “physically vigorous” bishop to lead it into the future and “I am not that bishop.”

“I think the bishop seems to have recognized that there really was a need for new leadership,” said Reese.
“I congratulate him for his courage and willingness” to face that and resign, he added. “I only wish a few other bishops would do the same.”

Controversial actions

In addition to his widely reported reclusiveness and failure to visit parishes and meet with the people, Martino stoked the fires of division in the diocese in the past couple of years with a variety of very public clashes that intensified his image as an authoritarian figure. Among the more notable were:

•His unilateral decision to decertify the Scranton Diocese Association of Catholic Teachers, the union that had represented most of the teachers for 30 years. He replaced it with a new diocesan organization for teachers -- what the teachers’ union head, Michael Milz, called “a company union.”

•His instruction to priests, deacons and lay ministers of the Eucharist that they must not give Communion to those who are unworthy -- widely understood to refer chiefly to pro-choice Catholic politicians.

•His criticisms during last year’s election campaign of those, including other U.S. bishops, who would not call abortion the paramount issue for Catholic voters in the elections.

•His unannounced appearance interrupting a parish forum last fall on “Faithful Citizenship,” the latest statement from the U.S. Conference of Catholic Bishops on political responsibilities of Catholics. Martino famously told the gathering that he was the church’s sole official teacher in Scranton and “no conference document is relevant in this diocese.”

•His refusal to meet with the presidents of the four Catholic colleges and universities in the diocese until they offered him, and made public, the complete syllabi of all courses that related to religion, faith and morals.

At last November’s national meeting of bishops, Martino publicly told the bishops that newly elected Vice President Joseph Biden Jr., a Scranton native with a pro-choice voting record as a U.S. senator from Delaware, would not be welcome to receive Communion in Scranton.

He similarly threatened Sen. Robert Casey, D-Pa., with refusal of Communion because Casey -- one of the most pro-life Democrats in Congress -- voted to confirm Kathleen Sebelius, who supports legalized abortion, as U.S. secretary of health and human services.

A longtime pastor in the diocese said Martino’s denunciation of Biden, a well-liked native son, “didn’t go down too well” among local Catholics.

The pastor declined to be identified by name, citing a diocesan policy that no priest is to speak to journalists without prior clearance from William Genello, diocesan director of communications. The policy itself is indicative of the authoritarian style of Martino cited by many. (Apart from Genello himself, current diocesan officials who were called by NCR did not return calls or, if reached, referred the reporter to Genello for all questions.)

The pastor said the distancing of the bishop from the people seemed to have started early on when the closing of a school “caused a terrible rift in a little town. The bishop interpreted all of the reaction as disloyalty to the church. ... He pulled back [from the critics] and thought he was protecting the church.”

At one early point in the restructuring of the schools Martino addressed the issue when he celebrated Mass in one of the affected parishes, and afterward people came up and shook his hand, the pastor said. “But it never got repeated,” he added. Instead the bishop started to avoid visiting parishes when possible.

The restructuring of the school system -- in which the diocese closed five of the nine Catholic high schools and 13 of the 33 elementary schools -- was completed in 2007.

Still more school closings might have to take place under a new bishop, the pastor said, “because we never really aggressively raised tuition. There are still all kinds of problems around that.”

Mary Ann Paulukonis, who recently retired as Scranton diocesan family life director, said that when Martino first arrived in October 2003, “he came with a vision that excited most of us. ... Initially he was friendly and open and easy to dialogue with.”

But that started to change as the problems of the diocese emerged, she said. “I don’t think he expected” the serious financial problems that were facing the diocese and its schools and parishes.

“There were parishes in debt” with no way to pay it off “and some of the schools were bleeding,” she said.

Reorganization

Just one month after his arrival, Martino announced to the staff that one of his first priorities was going to be restructuring to tackle the debt problem, Paulukonis said, and that winter he announced his intention to reorganize the schools.

In the meantime he also began reorganizing diocesan offices to cut administrative costs and installed four regional episcopal vicars to serve as his chief deputies on all church matters in those parts of the diocese.

The regional vicar model is widely followed in large and medium-sized U.S. dioceses -- Scranton, with about 350,000 Catholics and 180 active priests serving 200 parishes, would be considered a medium-sized diocese -- but Paulukonis said the difference was that Martino essentially deputized the episcopal vicars to handle everything, and no one could get to the bishop’s ear except through his or her regional vicar.

“We used to have big staff meetings once a month” involving heads of all diocesan executive and curia offices and diocesan departments, she said. “Those meetings improved when he came. There was a lot of information-sharing and he would dialogue with us.”

But about six months later, after he installed his regional vicars, those monthly staff meetings “just stopped,” she said. Martino would meet regularly only with his episcopal vicars and central curia officials. Department heads and others had to funnel any questions or comments to the bishop through the appropriate vicar or curial official.

“When troubles started occurring, he wasn’t available. A leader who is invisible is the enemy. People started misinterpreting [things Martino said or did]. ... He was a villain” in people’s perception of him, she said.

She, Milz and the pastor who asked not to be named all said the bishop’s unilateral decertification of the Catholic teachers’ union in January 2008, right after the schools had all been consolidated and regrouped administratively under four regional diocesan structures, marked a new turning point in the bishop’s souring relations with the faithful -- most of them descendants of Irish, Polish, Italian and other immigrants who owed their entry into the American middle class to church-supported unions.

Union factor

Scranton’s union history is a major factor here. In the mid-19th century, the city grew rapidly because of iron ore veins in hills a little to the south, substantial anthracite coal deposits to the south and north, and the steel industry in town that melded the two natural resources.

Northeast Pennsylvania was the birthplace of the United Mine Workers, and founder John Mitchell converted to Catholicism largely because of local church support for coal mine workers’ efforts to unionize and obtain better living standards. Mitchell is buried in the Scranton cathedral’s cemetery and there is a monument to him next to the Lackawanna County Court House in Scranton, scene of a key decision ending the historic 1902 strike of anthracite coal miners in the area.

Paulukonis said that before Martino’s unilateral move to impose a diocesan association for teachers to replace the teachers’ union, many Catholic teachers outside of Luzerne County, the union’s stronghold, were indifferent to the union or opposed to it. She said that shortly after his action a teacher friend of hers told her that before the decision “she had no interest in the union,” but now she was at the point that she would probably go on strike if asked to.

A longtime theology professor at one of the local Catholic universities who is involved in many Catholic activities and organizations locally and nationally -- who also asked to remain unidentified, not for personal concerns but for fear of diocesan repercussions for the university where he teaches -- said the longtime union culture in the diocese was one of the key factors in the division between Martino and his priests and people in the past couple of years.

The theologian said the religious conservatism and the history of ethnic tensions of Catholics in the Scranton diocese -- including the century-old Polish National Catholic church schism from Roman Catholicism, which started with an Irish-American bishop’s insensitivity to a Polish national parish in Scranton -- are also major factors that have to be taken into account in any assessment of the complex negative response of local priests and laity to Martino’s style of governance.

In many cities in the diocese, national parishes for Poles, Italians, Irish or other Catholic immigrant groups that were established in the late 19th or early 20th century, sometimes within two or three blocks of one another, still existed when Martino arrived, even though membership numbers had dropped dramatically over recent decades because of deaths, suburban emigration and other factors, the theologian said.

He said that even though many of those parishes were no longer viable, James Timlin -- bishop of Scranton from 1984 to 2003 and the first Scranton native to head the diocese -- did not have the heart to begin the process of closing them.

Paulukonis, who said she served as a facilitator in the restructuring process for more than 20 of the parishes around the diocese, described the process itself as an excellent model of consultation and sharing of responsibility in decision-making.

By the end of the process, she said, there were few cases left in which the parish cluster and the planning committee were still at odds.

Issue of connectivity

The only thing wrong with the process, she said, was “the bishop’s lack of connectivity with the people.” Because he was not a visible part of the process, “many were seeing him as the enemy.”

“People needed to get to know Bishop Martino. He was a good and holy man,” she said.

The theologian said he believed, but had no hard evidence, that the Vatican may have pressured Martino to resign, because he knew that complaints from people in the diocese have flooded the Vatican’s apostolic nuncio in Washington and various Vatican offices in Rome in recent years.

Michael MacDowell, president of Misericordia University, run by the Sisters of Mercy in Dallas, Pa., said presidents of the four Catholic higher education institutes in the diocese -- Misericordia, the Jesuits’ Scranton University, the Immaculate Heart of Mary Sisters’ Marywood University in Scranton, and King’s College in Wilkes-Barre run by the Congregation of Holy Cross -- had all “first individually, then collectively” sought meetings with Martino without success.

The bishop agreed to meet with them only if they first provided him with “course syllabi” providing a detailed outline of all content of every course related to religion or Catholic teaching, and then to “make those documents public,” MacDowell said. He said Misericordia found that demand impossible to meet because the syllabus of a course is the property of the professor who teaches it.

Holy Cross Fr. Patrick Sullivan, executive secretary and chaplain of the Boston Labor Guild, told NCR that the Holy Cross community at King’s College, with which he has had connections, was pressured by diocesan officials to issue a public apology after he publicly criticized the way Martino had dealt with the local Catholic teachers’ union.

Sullivan, who recently turned 80, is one of the last surviving “labor priests” of the generation epitomized by the late Msgr. George G. Higgins, and he has written extensively on the church and the labor movement. He told NCR that when Martino decertified the local teachers’ union, he first wrote to the bishop asking him to reverse his decision in light of Catholic social teaching on workers’ rights to collective bargaining.

When he got no response from Martino, Sullivan said he wrote to Archbishop Pietro Sambi, papal nuncio to the United States, expressing his concerns. He said he next sought to discuss the issue with Martino by telephone but was rebuffed. When he finally went public with a statement to Scranton media decrying Martino’s union-busting actions, he said, diocesan officials pressured the Holy Cross community at King’s College to issue a public apology for his statement.

Genello, the diocese’s communications director, declined to comment on the rumors that the Vatican had asked or urged Martino to resign, saying only that the bishop’s statement, citing health reasons, spoke for itself.

Genello also declined to predict the future of the parish reorganization plan set in motion by Martino and now in its final stages of implementation. But he provided data on the demographics, personnel and other factors behind the plan.

He said that back in the mid-1960s the number of active priests had peaked at more than 450. Before the annual major announcement of assignment changes in July 2009, he said, the number of active priests in the diocese available for parish duties was 180.

The July announcement reported the retirement of nine pastors and the appointment of two newly ordained priests to new assignments, along with scores of other new assignments and transfers among the clergy of the diocese. Genello said the diocese projects that by 2012, when the number of parishes in the diocese are to be reduced from 200 to 120, the number of active priests available to serve those parishes will have dropped to 147.

Rigali role

Reese said another major question in Martino’s resignation is what role Cardinal Justin Rigali of Philadelphia played and continues to play in the still-unfolding drama.

Reese noted that the cardinal, who spent much of his priestly career as a Vatican official -- first as a member of the English-speaking section of the Vatican Secretariat of State and later as secretary of the Congregation for Bishops and as head of the Ecclesiastical Academy, the Vatican’s graduate school for papal diplomats -- is quite familiar with Vatican procedures and is well-known to current Vatican officials, including those in the Congregation for Bishops, which rules on episcopal appointments in the United States and throughout the world.

As a longtime Vatican official -- and currently possibly the chief kingmaker on U.S. episcopal appointments -- as well as the metropolitan archbishop immediately responsible for archiepiscopal oversight of the Scranton diocese, Rigali probably had a major say in the Vatican decision to accept Martino’s unusual early resignation, Reese said.

As Catholics in the diocese reflect back on Martino and his leadership, perhaps one comment by a local pastor sums up current thinking best. Although Martino is a good man, “he doesn’t have the gift of being a diocesan bishop,” the pastor said.

Monday, September 14, 2009

Catholic teachers union eager to meet with Scranton Diocese to discuss union issue

The following article appeared in the Union News, September 6, 2009:

The President of the union that once represented the teachers of the Scranton Diocese is hopeful now that Bishop Joseph Martino has retired, the labor organization can again represent the employees.


On August 31st, the Diocese of Scranton held a press conference to announce Bishop Martino’s retirement effective on September 1st ending his 6-year tenure during which he eliminated the union.

The Scranton Diocese Association of Catholic Teachers (SDACT) Union represented the teachers of seventeen of the fourty-two grade schools and nine of the ten high schools of the Scranton Diocese until Bishop Martino restructured the school system in 2007. The new system eliminated the small school boards and created four regional boards. SDACT previously had contracts with each Board of Pastors that represented each school. Bishop Martino implemented a “Employee Relations Program,” after he told the union they no longer represented the employees.

SDACT has not represented the workers since August 2007 when the previous contracts expired and Bishop Martino refused to negotiate for a new contract agreement.

Mike Milz, President of SDACT, told the newspaper his union is eager to meet with the Scranton Diocese and discuss the union situation with them.

Mr. Milz believes the Scranton Diocese can not expect to move forward without “fixing” the labor issue. “Organized labor has always been part of the church. If there is a real interest in fixing the situation, we are ready to sit down with them at anytime,” said Mr. Milz. He believes the labor community will not support the church unless they repair the relationship and regain trust with them and the only way that can happen is to negotiate with the SDACT.

Bishop Martino promised the union if a majority of the employees signed union authorization cards, he would recoginize the SDACT as their bargaining representative. However, Mr. Milz said Bishop Martino went back on his word and refused to discuss the issue and went ahead and busted the union.

Under current Pennsylvania labor law the union can not file Unfair Labor Practice (ULP) charges against the Diocese for not negotiating with the union. However, House Bill 26 has been introduced that would amend the Pennsylvania Labor Relations Act (PLRAct) to cover religious school employees under the law.

Mr. Milz stated the union has authorization cards that were signed by the teachers showing they would like to be represented by the union. “We are willing to meet and resolve our differences,” said Mr. Milz.

Tuesday, September 8, 2009

SDACT General Membership Meeting

The SDACT will hold a general membership meeting for all current members and all interested Diocesan teachers.  The purpose of the meeting will be to discuss the SDACT campaign for dignity and justice in the post-Bishop Martino era.

DATE: Thursday, September 17, 2009
TIME:  Immediately following the Diocesan Teachers Institute at Holy Redeemer High School
PLACE:  Genetti Hotel, 77 E. Market St., Wilkes-Barre ( 1 block north of Holy Redeemer on PA Boulevard)

Invited Guests:  Rep. Eddie Day Pashinski (sponsor of HB 26) and Rita Schwartz, President, National Association of Catholic School Teachers (NACST).

USCCB 2009 LABOR DAY STATEMENT

Labor Day Statement
THE VALUE OF WORK; THE DIGNITY OF THE HUMAN PERSON
Most Reverend William F. Murphy
Bishop of Rockville Centre
Chairman of the Committee on Domestic Justice and Human Development
United States Conference of Catholic Bishops
September 7, 2009

Over the years we Americans have redefined the summer by making Labor Day the “extra day of vacation” that recognizes the work we do throughout the year. There is nothing wrong with that. In fact looking at the history of the struggle for wages and benefits, I think that an extra “day off” for all Americans fits in with the spirit of the whole American experience of the meaning of work. It is a moment to recognize the value and dignity of work and the contribution and rights of the American worker. It is time well spent.

Labor Day this year comes at a time when we face a number of challenging problems, many of which cause us to reflect and ponder on what the future will bring. As complex and challenging as the current economic situation is and the new elements that challenge us all, Americans are still fundamentally an optimistic people. We have an abiding faith in the values that have shaped our nation and an ongoing commitment to work together to address the problems and build on the strengths of who we are. This attitude mirrors the deep and powerful virtue of hope that our Church and, in a special way, our Holy Father, Pope Benedict, have emphasized as a mark of all the faithful disciples of Jesus. We are called always “to give an accounting of the hope that is in us.”(cf. 1Pt 3:15) This is especially true in difficult times that can try our spirits and test our wills.

A New Encyclical

Earlier this summer, Pope Benedict XVI published his long awaited encyclical, Caritas in Veritate. This teaching of Benedict brings together a whole range of theological and social issues in a perspective that is in some ways very new and challenging. The Holy Father covers a wide gamut of subjects that reflect many of the Church’s traditional concerns in the social field while placing them in broader anthropological and cultural context. In this way the encyclical reflects questions that have long been central to the theological reflections of this Pontiff who constantly plumbs the implications of understanding of the human person before God. The Pope reminds us, “the primary capital to be safeguarded and valued is…the human person in his or her integrity: Man is the source, the form and the aim of all economic and social life.” (#25)

The Pope revisits the traditional teachings of his predecessors on the value of the human person, the dignity of every human being, and the integral development of human society to promote human flourishing. His reflections reaffirm the teachings of Leo XIII on labor and Pius XI on subsidiarity. With John XXIII and John Paul II, he insists on the value of solidarity and focuses with a special emphasis on Paul VI’s passionate commitment to the Third World and the development of peoples.

In the new encyclical, the Holy Father affirms and extends traditional Catholic teaching on the centrality of work to the whole human experience. Decent work, according to the encyclical, “means work that expresses the essential dignity of every man and woman in the context of their particular society: work that is freely chosen, effectively associating workers, both men and women, with the development of their community; work that enables the worker to be respected and free from any form of discrimination; work that makes it possible for families to meet their needs and provide schooling for children, without the children themselves being forced into labor; work that permits the workers to organize themselves freely, and to make their voices heard; work that leaves enough room for re-discovering one’s roots at a personal, familial and spiritual level; work that guarantees those who have retired a decent standard of living.” (#63)

Pope Benedict renews and reminds us of the Church’s classic support for the right of workers to choose freely to form or join a union or other types of workers’ associations. Pope Benedict endorses this and adds to it the responsibility of workers and unions “to be open to the new perspectives that are emerging in the world of work.” (#64)

This Labor Day statement is not the place to give a complete overview of the new encyclical. It remains, however, a major point of reference for us all as we give thanks to God for the meaning with which God has endowed work as a reflection of the dignity of every worker, a “co-creator” with God in this world of human endeavor. That vision of cooperation with God in building up this world through our work underscores the need for us all to cooperate and collaborate with one another in making work and the workplace a project of human solidarity and mutual respect.

An Example of Respecting the Rights of Workers

In this Labor Day reflection, permit me to call your attention to a positive step forward in respect for workers in one crucial area of our life: health care. This year, after years of discussions, leaders in Catholic health ministry, the labor movement, and the Catholic bishops sought to apply our traditional teaching on work and workers and to offer some practical alternatives on how leaders of hospitals, unions, and others might apply our principles as an aid to reaching agreements in their own situations.

The principal participants— the Catholic Health Association (CHA), the AFL/CIO, the Service Employees International Union (SEIU), and the U.S. Conference of Catholic Bishops (USCCB)—reached agreement that offers guidance and options on how workers can make a free decision about whether or not they want to be represented by a union. They agreed on basic principles including mutual respect and open and honest communication as ‘guides’ to appropriate conduct for both employers and union representatives. This paves the way for workers to make informed decisions without undue influence or pressure from either side. The basic elements of such an approach include mutual respect, truth, and a commitment to let the workers decide whether or not they want to be represented by a union. This was not easy or simple. There were many different points of view and perspectives that at times seemed irreconcilable. The dialogue was long, candid and constructive. It led to a significant consensus statement entitled, Respecting the Just Rights of Workers: Guidance and Options for Catholic Health Care and Unions.

This project achieved a significant accomplishment: a consensus among all the parties on a set of principles, processes, and guidelines for a respectful and harmonious approach to let workers in Catholic health care facilities make free choices about unionization. This is offered for voluntary use to help facilitate worker’s choices in an atmosphere of mutual respect and cooperation for the good of the workers themselves.

Special thanks are due to the leadership of the CHA, AFL/CIO, and SEIU. All involved join me in special appreciation for the patient and wise leadership of Cardinal Theodore McCarrick. Thanks in no small measure go as well to the guidance of the Feerick Center at Fordham law School under the direction of Dean John Feerick. The dialogue tried to look at real situations and genuine differences in light of some basic themes in Catholic social teaching. The document offers some practical guidance and alternatives on how leaders of hospitals, unions, and others might apply these principles by adapting them to their own situations.

Because Catholic health care is a ministry, leadership must reflect in its own operations the words and example of Jesus. For the Church, health care is a continuation of the healing mission of Jesus. This is a gift to both the Church and to society at large. In our nation, one person out of six receives care at one of more than 600 Catholic hospitals or 1,200 other Catholic health care ministries. In the past, tension and misunderstandings too often marred relations between Catholic health care and labor. In an effort to look at that and move beyond it, the participants in the dialogue sought to find alternatives that would structure and guide a positive process with the good of the worker as the centerpiece.

This group of leaders, representing all the principal entities involved, affirmed two key values
(1) the central role of workers themselves in making choices about representation and (2) the principle of mutual agreement between employers and unions on the means and methods to assure that workers could make their choices freely and fairly. The document calls for civil dialogue between unions and employers focusing on how the workers’ right to decide will be respected. The heart of this consensus is that it is up to workers—not bishops, hospital managers, or union leaders—to decide “through a fair process” whether or not to be represented by a union and if so, which union. It is our hope that this voluntary guidance and process agreement will prove to be a significant help for greater respect for workers on behalf of all interested parties now and in the future.

Other Issues in Health Care Reform

This Labor Day comes as our nation is engaged in a wider debate on reform of the health care system. As Congress discusses various proposals, the USCCB is committed to bring to this challenging issue the principles of Catholic social teaching as important truths that have the capacity to analyze and measure each serious proposal brought forward. The Catholic bishops continue to work for health care that is accessible, affordable, and respects the life and dignity of every human being from the moment of conception to the moment of natural death. To cite Pope Benedict, “A society lacks solid foundations when, on the one hand, it asserts values such as the dignity of the human person, justice and peace, but then, on the other hand, radically acts to the contrary by allowing or tolerating a variety of ways in which human life is devalued and violated, especially where it is weak or marginalized.” (#15)

Health care is an essential good for every human person. In a society like ours, no one should lack access to decent health care. Perhaps no other topic has engaged such a large number of citizens or produced such a wide range of opinions and points of view. This can help us avoid the pitfalls that occur when legislation passes without enough dialogue and reflection. I urge you to join the bishops in advocating for health care reform that is truly universal and protects human life at every stage of development. We must remain resolute in urging the federal government to continue its essential and longstanding prohibitions on abortion funding and abortion mandates.

Our government and laws must also retain explicit protection for the freedom of conscience of health care workers and health care institutions. For more on USCCB advocacy on health care reform see our website, http://www.usccb.org/healthcare/. Somewhat different but still a matter of basic human dignity is the challenge of immigration reform. This too has a part in the current health care debates. As a nation we have to be concerned about the integrity and safety of our borders. But that cannot overwhelm issues of respect for the dignity of immigrants who come to our country for so many varying political and economic reasons. We are a nation of laws. We as a people respect the laws of our country and state and local municipality. New peoples also are expected to do the same as good citizens or as good people desirous of becoming citizens. Most immigrants work hard, pay taxes, contribute to social security, and are valuable members of our society. Yet too often these same immigrants, including legal immigrants, are denied access to health care services. This should not happen in a society that respects the rights and dignity of every person. For all these reasons our immigration law and related laws must guarantee fair treatment to the millions of immigrants in our country who contribute to our economy and the common good. This is not an issue of “us” and “them.”

They, the new peoples among us, are an integral part of the “us” that constitutes the great
diversity that is our nation. In that context, we bishops are convinced that it is imperative that legal immigrants be included in any fair and just health care legislation that seeks to offer adequate care that is universal and advances the common good of all in our country. An adequate safety net should remain in place for those who still remain without health care coverage. (For more information on the bishops’ efforts on immigration see: http://www.justiceforimmigrants.org/)

Conclusion

As we seek to rebuild our economy, produce a better health care system, and improve the
imigration system, we are presented with unique opportunities to advance the common good. Pope Benedict’s new encyclical insists that the ethical dimensions of economic life begin with protecting the life and dignity of all, respect for work and the rights of workers, and a genuine commitment to the common good. As the Holy Father points out: “it is a good that is sought not for its own sake, but for the people who belong to the social community and who can only really and effectively pursue their good within it. To desire the common good and strive towards it is a requirement of justice and charity.” (emphasis in the original, #7)

On this Labor Day, let us remember those without work and without hope. Too often in
our public discourse anger trumps wisdom, myth outweighs fact, and slogans replace solutions.
We can work together and rebuild our economy on the moral principles and ethical values outlined by Pope Benedict in his new encyclical. This Labor Day, we should take a moment to pray for all workers and all those without work. We should also ask God’s help in living out the Church’s call to defend human life and dignity, to protect workers and their rights, and to stand with the poor and vulnerable in difficult economic times. In his new encyclical, Pope Benedict challenges and reassures us: “As we contemplate the vast amount of work to be done, we are sustained by our faith that God is present alongside those who come together in his name to work for justice.” (#78)

May God bless you this Labor Day and may God watch over and bless those who are committed to the care and protection of all the members of our nation who share the American dream of “liberty and justice for all.”

Tuesday, September 1, 2009

Scranton bishop resigns, citing tensions

The following article appeared in the Philadelphia Inquirer, September 1, 2009

Scranton bishop resigns, citing tensions 


Saying the strains of leadership had proved too much for him, Bishop Joseph Martino announced yesterday he was stepping down as head of the Roman Catholic Diocese of Scranton after six contentious years.


Early resignations are unusual in the Catholic hierarchy, but Martino, 63, said he was suffering frequent insomnia and sometimes "crippling" fatigue, and felt he could no longer lead effectively. 
The normal retirement age for Catholic bishops is 75.

Cardinal Justin Rigali, the Roman Catholic archbishop of Philadelphia, will serve as interim leader of the 350,000-member diocese, which comprises 11 northeastern counties.

Admired by the antiabortion movement for his advocacy, Martino's tenure was also marked by unpopular parish closings, clashes with the local Catholic colleges, and battles with the Catholic teachers' union. He rarely appeared in public or spoke to secular news media.

At a joint news conference with Rigali yesterday in Scranton, Martino acknowledged that his leadership style had been unpopular with some clergy and laity. He finished his prepared remarks by saying, "I seek forgiveness from anyone I may not have adequately served."

He declined all requests for interviews.

Rigali will continue to lead the nearly 1.5 million-member Philadelphia archdiocese while serving as Scranton's temporary "apostolic administrator." He is senior bishop, or metropolitan, of Pennsylvania's 10 Catholic dioceses.

Martino's successor, Rigali said, likely would be named in about six months.

Although he will continue to live within the 11-county diocese, Martino will not perform any bishop's duties, including confirmations, for at least the time being. "You have to fade" into the background, he said.

He said he had submitted his resignation to Rome on June 12 but did not receive authorization to step down until the end of July. "It's a bit of a relief for me to have all of this out in public," he said.

A Philadelphia native and a graduate of St. Joseph's Preparatory School and St. Charles Borromeo Seminary, Martino was ordained in 1970 and made an auxiliary bishop of Philadelphia in 1996. Pope John Paul II appointed him to Scranton in 2003.

A scholarly and accessible theologian who championed Mother Katherine Drexel's cause for sainthood, he inherited a diocese mired in debt, and seemed to lack the skill to deliver palatable solutions.
He closed, or announced plans to close, 115 parishes - nearly half the total. He also lit a firestorm of resentment in this pro-labor coal-mining region when he refused to recognize the Catholic teachers' union. The union lobbied for a bill in the Pennsylvania legislature that would give religious-school teachers unprecedented protection under the state Labor Relations Board - to the dismay of the state's other Catholic dioceses. The bill remains in committee.

Martino earned a national reputation for his opposition to abortion and his denunciations of officials who favor abortion rights, including President Obama.

He threatened to refuse Holy Communion to Vice President Biden and Pennsylvania Sen. Bob Casey, both Scranton natives. Casey, a Democrat who opposes abortion, had voted for former Kansas Gov. Kathleen Sebelius to head the U.S. Department of Health and Human Services. She supports abortion rights.

Rigali, who already divides his time between Philadelphia and Rome, said he did not expect to be present regularly in the diocese during the interim. He said Martino's predecessor as bishop, the Rev. James C. Timlin, and the retiring auxiliary bishop, the Rev. John Dougherty, would handle confirmations and other liturgical functions for the near future.

Rigali appointed Msgr. Joseph Bambera, pastor of two parishes in Lackawanna County, to oversee the diocese's daily operations.

Sunday, August 30, 2009

What comes next is the important thing

The news of Bishop Martino’s retirement is the beginning of the end of a dark era for Catholicism in the Scranton Diocese.

Make no mistake about it; Bishop Joseph Martino did a tremendous amount of damage in very many ways to the Catholic Church as a whole in the Diocese. But nowhere was greater damage done than to our once proud system of Catholic education, which has been thoroughly devastated.

We challenge any teacher, parent, administrator or student to stand up and say that they believe that Catholic education is better off today than it was before the devastation wrought by Bishop Martino and his willing and eager minions in the Catholic Schools Office.

The reason the school system is in such a horrible state is that teachers, who are the key to success in any school system, have been rendered voiceless by being deprived of a union. Without such a voice, their ideas and opinions these last two years counted for naught. Because of that, a once effective curriculum was destroyed, and teacher morale devastated by ridiculous work rules, a senseless seniority system, and a total lack of job security. All of this has led to a public perception (rightly so) that the school system is unstable and no longer the standard of excellence that it once was in northeastern Pennsylvania.

Whoever the next bishop is, let's hope when he makes his plans to undo the damage done by Bishop Martino, he is intelligent enough to trace the history of what Martino did to get the Diocese in the mess it's in. If he does that, he will find that Bishop Martino never had any problems until he decided to bust our union. In doing so, he seriously underestimated the community's reaction, especially the tens of thousands of Catholics who make up the labor community. In effect, his actions desecrated "holy ground." The modern labor movement was born in northeastern Pennsylvania. The Catholic Church in Scranton was mid-wife to this birth. To see the Church turn its back on labor rights is never something that will be acceptable in this part of the world. Whoever the next bishop is going to be will never be able to be successful until he undoes this harm.

As we did immediately upon the arrival of Bishop Martino, the Scranton Diocese Association of Catholic Teachers will extend a hand to the new bishop and ask that we work together to rebuild Catholic education in the Diocese of Scranton. Let's all pray that the new bishop has the wisdom and courage to accept our offer.

Tuesday, July 14, 2009

Catholics and Unions

The following column appeared in the Washington Post featured column Catholic America:

Catholics and Unions

When I was growing up, it was almost part of the catechism that Catholics backed labor unions. We were taught that papal encyclicals on social and economic justice put us on the side of legitimate demands from workers. That centuries-old support received new clarity in June of 2009 when Catholic health workers and the U.S. Bishops delivered "Respecting the Just Rights of Workers."

In the spirit of the papal social encyclicals, this new document puts the American Church in support of union rights for the 21st century, which logically includes teachers in Catholic schools. The release of the bishops' document follows on the heels of the unionization of
Catholic workers in Boston where employees of Caritas Christi joined the SEIU en masse. Now that the federal government is controlled by Democrats in the White House and in both houses of the Congress, it is fair to ask what unionization means to Catholic America.

The withering of Catholic support for unions became significant during the 1970s when the erosion of religious vocations ripped away a major part of the labor force in Catholic schools and in Catholic hospitals. Lay workers were hired to take their places. Secular salaries drove up the cost for Catholic schools and hospitals, forcing significant numbers of institutions into insolvency. In defense of their interests to adequate pay and benefits, many lay workers within church-run institutions demanded labor unions. But these increased demands for unionization came at a political moment dominated by union-busting presidents like Richard Nixon and Ronald Reagan.The political climate conditioned the response from individual bishops. Among those who resisted unionization, the policies went from NIMBY ("not in my back yard") to downright hostility in declaring that unionization would "mean the end of Catholic education in the diocese."

Now the underpinning of that anti-union stance has been blown away. Cardinal McCarrick, the retired Archbishop of Washington and a leading player in the writing of the bishops' new document, said: "Because Catholic health care is a ministry, not an industry, how it treats its workers and how organized labor treats Catholic health care are not simply internal matters. They are also not just another arena for labor conflict and tactics, but ought to reflect longstanding Catholic teaching on work and workers, health care and the common good."

In other words, the church's relationship to its employees is not calculated merely as a bottom-line entry in a ledger, but part of the Church's mission to make God's Kingdom come.

Viewing union support through that pastoral and Catholic meaning makes it hugely different from the sort of blind ideological pandering that might be generated by a political machine. The Church supports good unions, not just any union. At the core of the consistent papal teaching is the end to destructive enmity between workers and owners.


In this new document, Catholic hospitals bind themselves to respond to a higher authority and become a model for all employers while simultaneously affording workers participation in management decisions. Greater power to management participation by unions is also at the heart of the restructuring of the American auto industry, wherein unions hold significant shares of ownership at Chrysler and General Motors. This trend is in accord with papal teaching.

What needs to be added here is how closely the bishops' document adheres to the provisions in the still-to-be-passed bill for worker's free choice of a union. Even without being forced to do so by legislation, the bishops have adopted a measure that puts them squarely in the pro-union column when it comes to hospitals and health care. The forthcoming encyclical of Pope Benedict XVI is reported to reiterate these premises, updating the church's stance on issues that have arisen with globalization. Moreover, it is likely to be a topic in the pope's meeting with President Obama in Rome on July 10th.

After many years as a scholar of Catholicism, I have come to realize that we Catholics often contradict our image as a monolithic religion and often are pulled in opposite directions by competing statements from pope, bishops and clergy. At least now we know that the pro-union direction is the Catholic choice, not NIMBY.