Freedom of association is basic right that’s being denied Catholic teachers

The following letter to the editor appeared in the Wilkes-Barre Citizens' Voice, May 28, 2008:

Freedom of association is basic right that’s being denied Catholic teachers

Editor:

What would be your response if today you were told by your boss that, as a condition of your continuing employment, you would have to agree to become a second-class American citizen? That is, how would you feel if the provisions of the First Amendment to the Bill of Rights – that same part of the U.S. Constitution that guarantees freedom of speech, freedom of the press and freedom of religion – did not apply to you?

Would you accept those terms from your employer? Would you willingly become a second-class American? Would you sacrifice the basic rights for which hundreds of thousands of Americans gave their lives in wars over the last two centuries? I hope the answer any American would give is the same one my colleagues and I have given to our boss who has asked us to accept that type of second-class American citizenship – “Absolutely never!”

The fact is, and rightly so, no American should ever be placed in such a circumstance. Yet, due to a loophole in the existing law, that is the position in which Catholic school teachers are placed in the Diocese of Scranton, and elsewhere in the state of Pennsylvania. This is the case because another of the first amendment freedoms guaranteed to all Americans — except us — is freedom of assembly (meaning freedom of association). It is this constitutional right that underlies and supports the creation of national and state laws which guarantee the right of nearly all people to join freely-formed associations of workers – i.e., labor unions.

For workers in Pennsylvania, the right to form unions is guaranteed either by national law under the National Labor Relations Act, or Pennsylvania state law under the Pennsylvania Labor Relations Act. These pieces of legislation were written in 1935 and 1937 respectively. However, for Catholic school lay teachers, these laws provide no provision for our rights.

In a United States Supreme Court Ruling in 1979 (Catholic Bishop of Chicago v. NLRB) and in a ruling by the Pennsylvania Supreme Court in 1996 (Association of Catholic Teachers, Local 1776 et. al. v. Pennsylvania Labor Relations Board), both courts ruled that in the absence of a clear intention on the part of the lawmakers to include lay teachers as employees covered by those acts, such teachers were not to be considered employees under the statutes. In other words, neither law specifically mentioned Catholic school lay teachers as a specific group of workers in the body of the law.

Legal scholars are very critical of the reasoning behind those two rulings. They ask “how could either of those laws included mention of Catholic school lay teachers when, in the 1930s, that job category did not exist?” In the ‘30s, the only teachers in Catholic schools were nuns, priests and religious brothers. Nonetheless, it is that loophole that the current Bishop of Scranton, Joseph Martino, has exploited to deny his employees their basic American rights.

Now however, thanks to the efforts of our local legislators (spearheaded by Representative Eddie Day Pashinski) and the overwhelming support our teachers have received from citizens across northeastern and central Pennsylvania, that loophole is being closed. A bill is making its way through the Pennsylvania General Assembly that will demonstrate a clear intent to include Catholic school lay teachers under the Pennsylvania Labor Relations Act.

We ask that all citizens in our area visit, write or call their representatives in the general assembly and ask them to become cosponsors of this legislation.

The correction to this omission in the law will do nothing more than level the playing field for our teachers. It will give us the same rights (no more and no less) than those possessed by all American workers. It will guarantee to us that we would never again be asked to become second-class Americans.

Michael A. Milz, President
Scranton Diocese Association of Catholic Teachers

A shortened version of this letter appeared in the Scranton Times Tribune, May 30, 2008:
YOUR OPINION 05/30/2008

Pashinski rallying support for labor law amendment

From the Wilkes-Barre Citizens' Voice, May 24, 2008:

Pashinski rallying support for labor law amendment

WILKES-BARRE — Picketing teachers and sign-waving students and alumni are ready for the fight between the Scranton Diocese Association of Catholic Teachers and the diocese to move into the state Legislature.

It’ll go there with the help of state Rep. Eddie Day Pashinski, D-Wilkes-Barre, who is gathering support for a proposal that would amend the Pennsylvania Labor Relations Act to allow lay teachers and employees at Catholic schools to join collective bargaining units.

“The diocese will undertake a review of this proposed legislation,” a Diocese of Scranton release indicated. “The diocese will have no comment at this time."

In January, Bishop Joseph Martino announced the diocese would not recognize the union and would instead launch an employee relations program.

SDACT members and supporters backed Pashinski’s proposal and plan to attend a Rally for Rights on June 14 at 1 p.m. on Wilkes-Barre’s Public Square to support the union. Friday’s press conference was held outside Holy Redeemer High School in Wilkes-Barre.

“I am absolutely thrilled,” Holy Redeemer chemistry teacher Mary Humiston said. “It’s been a long time coming."

It’s a battle that’s being played out on several levels, however, with the constitutionality and legality of Catholic teachers unions being brought into question.While some Catholic school teachers have unionized successfully, such as the Federation of Catholic Teachers in New York, two rulings have limited the ability to unionize nationally and in Pennsylvania.

In a landmark case involving a Chicago bishop in 1979, the Supreme Court found, “There is no clear expression of an affirmative intention of Congress that teachers in church-operated schools should be covered by the (National Labor Relations Act)."

A Pennsylvania case in 1997 made a similar ruling. The proposal Pashinski introduced would nullify that argument and remove that obstacle for groups like SDACT," organization President Michael Milz said.

“We are Americans who have rights that are being taken away because of a loophole,” he said. “This will close that loophole."

”These decisions support religious organizations by insuring the state and religion do not mix," said the Rev. Sinclair Oubreco, founder and coordinator of Catholic Labor Networks, an organization supporting unionization. However, the rulings have been abused.

“This is sort of a strange situation,” he said. “It is a good decision, but the effect of the church using it to block the ability of teachers to unionize is completely counter to what the church teaches."

Besides closing the loophole, Milz said, the legislation has to be written carefully to avoid creating conflicts between church and state, the next legal problem the SDACT could encounter. As long as it avoids those problems, he believes it is constitutional for Catholic teachers to unionize.

“The law will be carefully worded,” he said. “We are making sure the law does not have anything to do with religion."

While Pashinski is taking the battle to the state Legislature, the religious battle continues within the Roman Catholic Church.

"The church has a history of teaching that unions are good and should be encouraged," Oubreco said. A 1986 pastoral letter from U.S. bishops on Catholic social teaching and the U.S. economy reads, “All church institutions must fully recognize the rights of employees to organize and bargain collectively with the institution."

”That support is what SDACT wants and hopes to achieve through amending the PLRA and negotiating with the diocese," Milz said.

“The church has always said it, and the church is violating its own teachings,” Milz said.

While recognizing that religion and government are supposed to be separate, there are notable circumstances, such as the recent sexual abuse scandal, in which that changes.

“When we fail to follow our law, our church law, and fail to follow our church teachings, usually the civil government steps in to fill the gaps and slaps us hard,” Oubreco said.

According to the Catholic Code of Canon Law, Can. 1286, “Administrators of goods: in the employment of workers are to observe meticulously also the civil laws concerning labor and social policy, according to the principles handed on by the church."

”In laymen’s terms, if the church teachings agree with civil laws, the church should follow those laws, Oubreco said and added, “in a way, the church law binds us to follow the civic law even though the civil authorities can’t enforce that law.”

Labor issues chasing teachers

From the Scranton Times Tribune, May 25, 2008:

Labor issues chasing teachers

Low pay, soaring health insurance costs and uncertain futures have teachers from the Scranton School District and the Diocese of Scranton scrambling to find new classrooms.

Area superintendents report more teachers than ever from Scranton and diocesan schools are applying for jobs in their districts, a likely result of high health insurance costs for Scranton teachers and Bishop Joseph F. Martino’s refusal to recognize a union in the diocese.

While the superintendents are hesitant to blame the issues in the diocese and Scranton School District for the reasons teachers want to leave, they say their districts can benefit from a pool of applicants with years of experience.

The influx of teachers with experience in the applicant pool may lead to a tougher climate for hundreds of new graduates trying to find teaching jobs. Some districts have received as many as 700 applications for a dozen or fewer positions.

Valley View has received 40 applications from Scranton teachers, and as many as 100 from diocesan teachers, Superintendent Joseph Daley estimated.

Diocesan teachers have interviewed at North Pocono, and in other districts, such as Dunmore, Old Forge, Abington Heights, Riverside and Lakeland, the applications of both diocesan and Scranton teachers are being reviewed.

Insurance concerns

Scranton teachers have become increasingly frustrated with health insurance costs. Since January, teachers have paid 34 percent more for health insurance than they did in 2007.

The hike means a teacher now pays $8,100 out-of-pocket for family health insurance. In all other Lackawanna County school districts, teachers pay nothing for similar plans.

In the current Scranton teachers contract, which was negotiated in 2002, the union voted to have its members pay for any health insurance rate increases higher than 1998 rates. The contract expires in August.

Scranton Federation of Teachers President Rosemary Boland said that during preparation periods, frustrated teachers are in faculty rooms openly filling out applications for other jobs.

“It’s a very bad situation, and unless we can get this thing addressed, Scranton is going to lose some of the best teachers and other districts are going to benefit,” Ms. Boland said. “I think the districts taking our people are lucky. Experience, you can’t beat it.

”Mr. Daley said that while interviewing one Scranton teacher for a job at Valley View, she revealed that with two children and the price of health insurance, she qualifies for food stamps after taxes.

Health insurance costs have not discouraged all applicants. So far the Scranton School District has received about 700 applications for 40 to 50 positions.

“I don’t think there’s any lack of people applying who want to work here,” said William King, assistant superintendent.

The district interviews candidates once every three years and ranks the applicants. For the following years, teachers are picked in order as jobs become available. Three years ago, the district had more than 1,000 applicants, Mr. King said.

While losing teachers is troublesome, Mr. King said ongoing union negotiations would hopefully provide a solution to the situation.

“We think that we have some of the best teachers in the state,” Mr. King said. “Anytime you lose a teacher, it’s obviously a cause for concern.

”Ms. Boland said the district must take action now on health insurance costs.“Scranton is losing some of the best,” Ms. Boland said. “I find that disgusting. I think it’s pathetic.”

Without a union

Many diocesan teachers have said they are looking for other jobs.

In January, the diocese announced it would not recognize the Scranton Diocese Association of Catholic Teachers as a collective bargaining unit, and instead has implemented an employee relations program. Without contracts, teachers say they are worried about their futures.

Diocesan spokesman William Genello said he wanted specific data, including percent increases in applications from diocesan teachers received by superintendents, before a statement was released.

Superintendents said they do not track applications by current employment, but have noticed the increase while reviewing them.

“The only thing I can say is that we have no indication that a significant number of teachers intend to leave our system,” Mr. Genello said. “Certainly people have to make decisions according to their own needs.”

Applications abundant

In between the stacks of applications that include diocesan and Scranton teachers are hundreds of packets from recent college graduates.

With some districts receiving as many as 600 or 700 applications for a dozen or fewer positions, there are far more qualified applicants than there are jobs.

“Our good people are forced to look elsewhere,” said Abington Heights Superintendent Michael Mahon, Ph.D.

Mr. Daley said Valley View receives 25 to 30 applications a day, and it has been that way for more than a month. Five filing cabinets are filled, and another 10 to 15 copy paper boxes are stacked on the floor.

Dunmore has also received piles of application packets.

“We do have an abundant amount of highly qualified teachers in this area,” Superintendent Richard McDonald said. “The candidates are very, very good.”

Superintendents attribute the high number of applicants to the quality of life in the region, as well as an abundance of area colleges that offer teaching degrees.

Many teachers from this region have taken jobs in the Poconos and commute daily, Mr. Daley said. Now with gas at about $4 a gallon, more people are looking for jobs closer to home, he said.

Graduates who five years ago had to go to Maryland or Virginia to get a job and who now want to come back are also seeking jobs, Dr. Mahon said.

All Lackawanna County superintendents report seeing more applicants with elementary certification than those certified in secondary subjects like math and science.

While districts have plenty of elementary teachers to choose from, several positions, including German and Industrial Arts teachers, are hard to find.

Both Abington Heights and Riverside need and have advertised for German teachers. No one has applied yet.

Industrial Arts teachers are also hard to find, Dr. Mahon said.

“If you want a teaching job, learn how to do industrial arts or chemistry,” he added.

TEACHERS LOOK TO HARRISBURG

From the Scranton Times Tribune, May 24, 2008:

Teachers look to Harrisburg

WILKES-BARRE — Legislation, not sickouts and rallies, may be the means for teachers in the Diocese of Scranton to get their union.

Michael Milz, president of the diocesan teachers union, made the announcement Friday outside Holy Redeemer High School, with 50 supporters behind him, and state Rep. Eddie Day Pashinski, D-Wilkes-Barre, at his side.

A proposed bill would amend the Pennsylvania Labor Relations Act to give lay teachers and employees of private, religiously affiliated schools the right to join collective bargaining units. Mr. Pashinski distributed the co-sponsorship letter for the bill Friday.

“It will give us the same rights — no more, no less — than those possessed by all Americans,” Mr. Milz said.

Those in the crowd applauded after the announcement. Students held signs with statements such as “It’s about human dignity.

”In January, the diocese announced it would not recognize the Scranton Diocese Association of Catholic Teachers as a collective bargaining unit, and instead it has implemented an employee relations program. Since then, teachers have campaigned against the decision. For the past several weeks, union officials have been researching the legislation — quietly except for daily picketing in front of the chancery on Wyoming Avenue.

When the state labor law was written in 1937, Catholic schools were not included because they didn’t have many lay people working for them. Most teachers at that time were priests and nuns.

“Things have changed dramatically,” Mr. Pashinski said.The U.S. Supreme Court and the Pennsylvania Supreme Court have both ruled that because of the absence of a clear intention to include lay teachers in both the state and federal labor acts, the teachers are not covered.

Mr. Pashinski has started collecting co-sponsors for the bill. Among those who expressed interest are state Reps. Phyllis Mundy, D-Kingston, and Robert E. Belfanti Jr., D-Mount Carmel, Mr. Pashinski said. As other representatives review the idea, he expects more interest.

After the bill has support from House members, it will be presented to the labor committee. In a best-case scenario, it could come up for a vote in June, he said.

New York and Minnesota have created similar laws, and this bill will be crafted with those in mind, Mr. Milz said.

Diocesan spokesman William Genello issued the following statement after the announcement: “The Diocese will undertake a review of this proposed legislation. The Diocese will have no comment at this time.

”Parents and teachers at Friday’s announcement said they were excited about its potential outcome and want the union recognized once again.“We had not had any problems with the union in all our years,” said John Rose, of Wilkes-Barre, who has two children who graduated from diocesan schools, and one who will soon start Holy Redeemer. “I did not see a reason why that should change.

”Plans were also revealed for a labor rally June 14 at 1 p.m. on Public Square in Wilkes-Barre. Representatives from labor rights groups and community and elected officials are scheduled to speak. The event will also include food, music, balloons, T-shirts and face painting.

State Rep. Pashinski proposes law to include Catholic teacher unions

From the Wilkes-Barre Times Leader, May 23, 2008:

State Rep. Pashinski proposes law to include Catholic teacher unions

About 100 teachers, students and supporters gathered outside Holy Redeemer High School to hear State Rep. Eddie Day Pashinski announce his effort to change state law so Catholic lay teacher have the same rights as other workers when attempting to unionize.

"We're trying to make 2008 a year who's time has come," Pashinski, D-Wilkes-Barre, said, noting that the labor law he hopes to amend was written in the 1930s "Things have changed dramatically.

The move is the latest phase in a battle by the Scranton Diocese Association of Catholic Teachers to become the bargaining agent for teachers in the diocese. The Association had represented teachers in many schools during the past three decades until the system was restructured last year. In January, the diocese rejected the request to unionize teachers and formed an "Employee Relations Program" officials promised would represent all school workers fairly.

The Association does not have the same legal rights as most other workers. State employees, including public school teachers, fall under the Pennsylvania Labor Relations Act and can petition the state labor board to force a district to allow a vote on unionization if enough teachers want to do so. Catholic teachers do not have that ability. Nor can they appeal to the National Labor Relations Board, which oversees most other workers.

"The labor laws were written in the 1930s when the profession of Catholic school lay teacher didn't exist," Milz told the crowd, adding that Catholic schools in those days were taught by religious sisters.

Milz said Catholic teachers are denied those rights simply because they are not explicitly mentioned in the law, and that Pashinski's proposed bill would change that. "Now we hope that loophole can be closed."

Pashinski said a bill is being drafted based in part on legal research by the Association and it's parent union, the National Association of Catholic Teachers. A "co-sponsorship" petition is being circulated among representatives to see how many will put their name to the bill once it is done. Pashinski said several have already promised to do so, including Rep. Phyllis Mundy, D-Kingston, and the chairman of the House Labor Committee.

"Once you have the chairman's support, you can expect a lot more to join," Pashinski said.

Both Milz and Pashinski said the bill is sure to face opposition, but that they believe it would not conflict with the U.S. Constitution's First Amendment "Separation Clause" preventing government from endorsing or restricting religion. "

As long as the government doesn't come in and interfere with Church teachings, doctrine or dogma, this is legal," Milz said, adding that Supreme Court rulings on similar cases support that interpretation.

Milz also said that New York and Minnesota have passed similar laws in their state that have withstood court challenges.

Pashinski said the bill could be introduced into the Labor Committee by the end of June, but wouldn't speculate on how long it would take to get it passed into law. "It depends on how much push back we get, and there will be push back on this," he said, adding that the bill must go through the senate separately and "I have no control over what happens there."

Still, he said, it was important to make the effort. "This is not even a normal employee-employer relationships," he said. These people are also members of the flock. They attend Mass, they donate every week to the preservation of this beautiful religion.

"This just gives them the same rights every other employee has.

"Releated Documentdocument

Teachers invite officials to June 14 rally

From the Wilkes-Barre Citizens' Voice. May 23, 2008

Jim Maloney, a teacher at Holy Redeemer High School and a member of the Scranton Diocese Association of Catholic Teachers, attended the Wilkes-Barre City Council meeting Thursday night to invite city officials and the public to attend a rally June 14 at 1 p.m. on Public Square in Wilkes-Barre. 

“The rally is being held to support our rights as teachers to form a union,” Maloney said. 

Maloney thanked Mayor Tom Leighton, city council and special events coordinator Lore Majikes for making the rally possible.

After the meeting, Maloney would not provide further information about a press conference scheduled today at 3:15 p.m. outside Holy Redeemer High School, but he said he expects a big crowd at the upcoming rally.

“We know people are coming from Philadelphia and maybe Pittsburgh and from other unions that are in the same predicament we are in,” Maloney said.

“We have a lot of community support from parents, students, businesses and government officials, but we have yet to convince the bishop (Joseph F. Martino) to take another look at it and change his mind.

Want to know the issues in the dispute between the bishop and his teachers? Watch this video.

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Part 4

Update Pennsylvania law to help Catholic teachers

The following letter to the editor appeared in the Wilkes-Barre Citizens' Voice, May 15, 2008:


Update Pennsylvania law to help Catholic teachers

Editor:

Most of the people in this area already know how the Bishop of Scranton is ignoring church teachings about labor rights. He refuses to treat his own teachers with the respect and dignity they have earned after many have dedicated 30, 35 and some more than 40 years of their lives to working for the church. What people may not know is how the governments of the United States and the state of Pennsylvania have been treating these same teachers.

In the eyes of the government we are second class citizens who are denied the protection of the law given to everyone else. Workers in every kind job can form a union and this right can’t be denied by their employer under protection of the labor relations laws of the federal and state governments.

In California there is presently an attempt to organize labor unions for the workers at car washes who dry the cars with rags. Many of them are the illegal aliens but the government of the United States and that of California both offer these workers protection, no questions asked.

Catholic lay teachers however have no such rights. When the federal and state labor laws were written in the 1930’s Catholic schools were staffed by priests, sisters and brothers; there were no Catholic lay teachers so no provisions were written into the laws. Since that time only New York, New Jersey, and Minnesota have added such a provision to their labor acts. In the other 47 states, including Pennsylvania, Catholic lay teachers have no protection.

This is why the Bishop could bust the teachers union that has existed for 30 years simply by saying there will be no union. In any other business an employer doing this would have been cited, fined, and even arrested under existing state or federal labor laws. I think it is time to give Catholic teachers the equal protection under the law guaranteed by the constitution.

Eugene Gowisnok
Swoyersville

AFL-CIO officials meet with SDACT union to discuss strategy

From The Union News, May 2008, Page One:

A meeting was held between officials of the Scranton Diocese Association of Catholic Teachers (SDACT) and the labor community on April 30th to discuss options and strategies regarding the continued struggle between the Scranton Catholic Bishop Joseph Martino and the union.

On April 30th, union officials, including SDACT President Michael Milz met at the United Food and Commercial Workers (UFCW) Union Local 1776 building on Route 315 in Pittston, and discussed how the labor community can help the teachers union get recognized by Martino.

Bishop Martino announced the SDACT would not be allowed to represent the teachers of the Diocese, and would implement an "Employee Relations Program," eliminating the union.

The union represented many of the thirty five Diocesan grade schools and nine of the ten high schools before Martino restructured the system, eliminating the small school boards and creating four regional boards. SDACT previously had contracts with each Board of Pastors that represented each school.

According to Mr. Milz, the Bishop agreed to recognize the union as the employees bargaining unit after restructuring took place and if the union was successful in obtaining more than a majority of the employees signatures requesting union representation.

However, Mr. Milz told the newspaper Bishop Martino later said no to the "card check" program despite, obtaining more than eighty percent of the employees signatures.

At the meeting on April 30th, were the Presidents of the two AFL-CIO labor federations in Northeastern Pennsylvania. Sam Bianco, President of the Greater Wilkes-Barre Labor Council federation and Nancy Krake, President of the Scranton Central Labor Union labor federation were in attendance. The two organizations are affiliated with the American Federation of Labor and the Congress of Industrial Organizations (AFL-CIO) in Washington, DC.

SDACT is not affiliated with a AFL-CIO member union.

Also attending was Carl Dillinger, Staff Representative of the Pennsylvania AFL-CIO, Harrisburg; officials of UFCW Local 1776, the United Steelworkers of America (USW) Union Local 15253 and Local 5652; the International Association of Firefighters (IAFF) Union Local 104; and the International Brotherhood of Electrical Workers (IBEW) Union Local 1994.

According to Nancy Krake, discussed was conducting several large public events in the region to show solidarity for the SDACT members. The dates and times are still being formulated.

Catholic school teachers keeping their options open

The following appeared in the latest issue of the Honesdale Weekly Almanac:

Catholic school teachers keeping their options open

Teachers at St. Vincent’s School in Honesdale have no immediate plans to strike or stage a “sickout” as Catholic school teachers have in other parts of the Scranton Diocese have, but a local job-action remains an option if the teachers’ union stalemate isn’t broken soon.

The situation at issue is a dispute between The Scranton Diocese Association of Catholic Teachers (SDACT) and the Diocese itself, headed by Scranton Bishop Joseph Martino. The Bishop announced in January that the Diocese would not recognize the union.

Last month Michael A. Milz, president of SDACT, came to Honesdale to meet with the teachers and parents of St. Vincent’s School. Earlier in March, approximately 750 people packed a ballroom at Genetti’s in Wilkes-Barre to hear a presentation by Mr. Milz. In the audience were a small number of parents from St. Vincent’s who felt other parents from the Honesdale school would benefit from a similar presentation closer to home.

SDACT, an association of Catholic school lay teachers with 385 members, is affiliated with the National Association of Catholic School Teachers. Although SDACT was founded in 1978 with the cooperation of Bishop John Joseph O’Connor, who was then the head of the Scranton Diocese, the current Bishop, who was installed in 2003, has created an employee relations program to replace it.

About 40 of the 130 families with children enrolled at St. Vincent’s were represented at the Honesdale meeting, which was held at the Wayne County Public Library. Eight of the school’s 12 teachers also attended. “To a person,” Mr. Milz said afterward, “every parent there was supportive of our cause.”

This was confirmed by April Rogers, treasurer of St. Vincent’s Parent-Student Association, who said her organization met to discuss the issue, and no member was opposed to the union.

The attendees were given printouts of the PowerPoint slides that were shown in Wilkes-Barre. The information contained in the presentation pointed out the sharp contrast between Bishop Martino’s position and the Catholic Church’s long history of supporting labor unions.

Quotes from the Catechism of the Catholic Church, Vatican II’s Pastoral Constitution and the writings of Popes Leo XIII, John XXIII, Paul VI, John Paul II and Benedict XVI, all included in the printouts, illustrate the Church’s historical and current defense and approval of workers organizing.

”The Bishop’s position is completely contrary to where the church has been,” Mr. Milz said. “That’s why the support has been so solidly behind us.”

Commenting on recent reports that SDACT had submitted the dispute to the Congregation for Catholic Education in Vatican City for resolution, Mr. Milz said that step has been blown out of proportion.

”This is not all that uncommon a practice,” he said. He explained that any person who feels that a Bishop’s decree is contrary to Canon Law (the law of the Church) may appeal that decree by contacting one of the various Congregations (departments) in Rome.

”They get these things all the time, so it’s not a big deal, to tell you the truth,” Mr. Milz said. “Nor do we expect it to be the thing that’s going to resolve our current situation.”

The Diocese of Scranton encompasses 199 parishes with 28 Catholic schools. William Genello, spokesman for the Diocese, said the Bishop’s responsibility is to preserve Catholic education in the Diocese and to manage the Catholic schools accordingly.

Referring to Bishop Martino, Mr. Genello said, “He believes that it is in the best interests of Catholic education throughout the Diocese to dialog with teachers through the employee relations program that we have established.”

Mr. Genello explained that the employee relations program gives each school the opportunity to elect representatives of both teachers and support staff and enables school employees to meet with the Diocese to discuss wages, benefits, grievances and working conditions.

”The union is insisting that their organization is the only way to ensure fair treatment of the teachers,” he said. “The Diocese believes that the union is not the only way to accomplish this, and that it can be accomplished, and will be accomplished, through this employee relations program.”

Mr. Genello made it clear that the Diocese’s decision is final.

”This dispute is not productive,” he said, “and it’s only causing division in the Diocese.” He said the Diocese is asking everyone to give their established employee relations program a chance to work rather than opposing it. He added that the program has held several meetings already, and most of the schools were represented.

”So the fact is, it’s moving forward despite opposition from the union,” he said.

Looking ahead, Mr. Milz said, “Our overall plan is to build community support, and that’s building. If we had to gauge it, we think it’s running 100 to 1 in our favor.” He said the parents group gets larger every day. The organization has an alumni group as well. Both are writing letters to the Bishop and to the Papal Nuncio, above the Bishop in the chain of command to the Pope. SDACT’s petition to the Pope has “tens of thousands of signatures,” Mr. Milz said.

”We continue to believe that the Bishop’s made a bad decision for Catholic education and for the community,” he said. Therefore, his organization’s supporters will continue to do whatever they can to get the Bishop’s decision reversed. In addition to letter writing and the petition, SDACT’s efforts in this direction include selective strikes — work stoppages and sickouts.

”If we cannot reach the Bishop in any other way,” Mr. Milz said, “we always have the right to strike.” He added, “We’re hoping to avoid that.”

In recent weeks picketing took place at Holy Cross in Dunmore, as well as schools in Wilkes-Barre and Williamsport union supporters held a picket outside the chancery in Scranton. According to Mr. Milz, it was attended by over 150 teachers, many from Honesdale.

SDACT had planned a bus trip to New York City on April 19 to coincide with Pope Benedict’s visit, but it was cancelled. “Security restrictions would not allow us access to the area we originally had a permit for,” Mr. Milz explained.

Organized labor supporting Catholic teachers union

From the Union News:

In a show of union solidarity for the teachers employed by the Scranton Diocese, the two labor federations affiliated with the American Federation of Labor and the Congress of Industrial Organizations (AFL-CIO) in the region, passed a resolution supporting the union and condemning Bishop Joseph Martino for not complying with the Church's teaching and negotiating with the union for a contract.

There are around 36 local unions affiliated with the Greater Wilkes-Barre Labor Council labor federation and there are approximately 40 local unions affiliated with the Scranton Central Labor Union labor federation. Both groups passed the resolution that states, "Bishop Martino's action have driven an unnecessary wedge into the fabric of our community and Diocese."

Bishop Martino announced the Scranton Diocese Association of Catholic Teachers (SDACT) would not be allowed to represent the teachers of the Diocese, and would implement an "Employee Relations Program," eliminating the union.

The resolution states Bishop Martino "has ignored on many occasions the pleas of his teachers, his fellow priests, parents of children in Diocesan schools and other interested members of the the community to open substantive dialogue on the issue of his denying his teachers the right to organize."

SDACT represented the teachers since 1978 when then Bishop McCormick recognized the union as their bargaining representative.

Photo Gallery from Holy Redeemer student rally for SDACT

Bishop should heed words of students

The following editorial appeared in the Wilkes-Barre Citizens' Voice, May 4, 2008:

Bishop should heed words of students

Give the students of Holy Redeemer High School credit. They have determination. And they are learning the strategies of civic activism.

A group of about 100 students, teachers and parents this week marched from the high school to Public Square. They did so to protest the decision of the Bishop of the Diocese of Scranton not to recognize the teachers union, the Scranton Diocese Association of Catholic Teachers (SDACT).

On the Square, students set forth the argument that the Catholic Church not just allows, but encourages working people to form unions. It is contrary to church teaching, they point out, for the bishop to refuse to recognize SDACT.

The students got their message across without bringing punishment on themselves as they had in a demonstration in February when they walked out of classes and got detention for doing so.

It is rare to see a group of young people gain the high moral ground on a bishop. He would do well to heed their words.

It would be better for bishop to get to know teachers

The following is a letter to the editor of the Wilkes-Barre Times Leader, May 4, 2008:

It would be better for bishop to get to know teachers

I have read the arguments Bishop Joseph Martino has made concerning the desire of the Catholic school teachers to reorganize the union that has represented them for more than 30 years.

I am very confused by the bishop’s comments, for the teacher he described I do not know, nor have I ever met that.

I have been indirectly involved in Catholic education for nearly three decades. You see, my wife, Colleen, has been teaching biology in the Catholic school systems since she received her bachelor’s degree in 1979.

She has taught at Catholic schools in Kenmore, N.Y., Aurora, Ill., Kingston and Wilkes-Barre for most of our 31 years together.

It has not been until this year that I ever heard her say that she dreaded to go to work.
The difference between this year and past years is that this year the union that represented the teachers at Bishop Hoban and Bishop O’Reilly high schools does not exist.

The administration at Holy Redeemer established her schedule – six teaching periods a day with four different preparations.

Such a schedule is not unusual among her peers. She and others in the same situation have difficulty providing the young people in their classes with the attention they need and deserve, but they manage.

This results in near daily exhaustion and intense frustration. She is unhappy. The union that the teachers want would not have allowed this situation to occur. The bishop’s “Employee Relations Program” and the Holy Redeemer administration have.

Why does she continue?

She simply loves teaching the young people in our diocese. It is a certainty that she teaches neither for money nor prestige. There is little prestige to be found in teaching, unless it comes from within.

Her teaching colleagues, whom I have had the pleasure of knowing and interacting with for many years, are not doing this for the money or prestige either. The hours they donate to their schools, their students, the parents, the diocese, are virtually uncountable.

There are many easier ways to earn money than teaching.

I sincerely hope that he bishop’s remarks were made in ignorance and that someone of his intelligence and capability realizes that the only way to correct ignorance is through education.
In this case, the education must come in the form of opening a dialogue with the teachers who have been called to teach his flock.

I urge the bishop to get to know your flock, spend some time with them, learn why they do what they do, and you will change your mind about them and their desire to organize.
At the very least, you might come to respect them as co-ministers of a faith we share.

Ralph C. Gatrone Kingston

Promises linked to changes in diocesan schools go unfulfilled

The following letter to the editor of the Wilkes-Barre Times Leader appeared May 4, 2008:

Promises linked to changes in diocesan schools go unfulfilled

When school closings were announced for the Diocese of Scranton, parents were told that there would be a two-way advantage. Because staff and operating expenses would be cut, they were told that they could expect tuition to remain stable and, in some cases, even go down.

Parents were asked to submit applications, along with non-refundable registration fees, so that the diocese could measure expected class size to further implement the restructuring plan.
When the consolidation was complete, parents were confronted with increased tuition but were told that fees for such things as extracurricular activities and lab use would be waived to soften the blow. In the third quarter of the school year, parents received an additional bill for lab fees, sports participation. Also, every high school student is now required to purchase a year book.

This is not optional, and was unexpected, in light of previous assurances.

In spite of the fact that the June 7, 2007, issue of The Catholic Light appeared to promise a secret ballot for teachers to choose whether they wanted a union and which union they would choose to represent them, the bishop decided that a union would threaten the ability of the diocese to keep tuition affordable.

Recently, in spite of the fact that there is no legitimate union representing the teachers of the Catholic school system, parents were notified that tuition will be higher for the 2008-2009 school year. How can that be, when the bishop has campaigned against the union as a means of keeping tuition down?

So, the diocese was able to dismiss some staff without severance or compensation for unused sick and vacation leave. The diocese was able to close more than a few school buildings. The diocese seems to have found a way to divest itself of SDACT, a union that has operated in the shadows for 30 years, to the point that most of the public thinks it is a new idea. I see the advantages on the side of the diocese.

I would appreciate seeing what the advantage is for the parents. In many cases the children face long bus rides. Many former students, because of regulations governing busing, have been denied the opportunity for a Catholic education. Participation in extracurricular activities requires parents to drive farther distances. Tuition went up and is going up again. Promised benefits, like the waiving of fees, disappeared. Our beloved, proven and dedicated teachers are left to swing in the wind, completely subject to the arbitrary and capricious whims of the bishop.

Anna Jesse
Nanticoke

Handwritten at Holy Redeemer

The following editorial by Mark Guydish appeared in the Wilkes-Barre Times Leader, May 2, 2008:


Handwritten at Holy Redeemer

Holy Redeemer Senior Kevin Hourigan may be a son of the digital age, but the speech he gave during Wednesday's rally in support of Catholic teacher unionization was three pages of old fashioned cursive handwriting, a striking throwback in the era of ipods, txt-ing and laptops as thin as envelopes.

The penmanship reminded me of the days when I still wrote under the sway of a Catholic school, legible with evenly spaced letters, curves and loops linking together in a straight line across My handwriting has deteriorated to scrawl in the many years since graduation from Transfiguration school. I usually print when taking notes in the field for a story, and even that turns out unreadable too often when I get back to the office.

But of course, it's content, not appearance, that matters in such a speech, given to about 100 students and adults on Public Square. The audience doesn't get to look at the tidy script. And the nature of newsprint space meant only a line or two of his three-page delivery made it into this morning's paper.

Kevin and his mother were kind enough to e-mail a scanned copy of the full text to me, and I thought I'd share it. If there are spelling, punctuation or grammar errors, they are almost certainly mine, having been introduced as I transcribed to typed text.

(I had planned on posting two photos I snapped at the rally, but the computer program seems to be glitching. I may try later).

Here's Kevin's speech:

We all know what has brought us together here today. We are here because we believe truth and justice are worth standing up for. We are here because we believe in dignity, in workers rights and social justice. We are here because we care about the future of Catholic education. But most importantly, I think, we are here because we love our teachers, the individuals who have, as there life’s work, transformed us into the students and adults we are today, and we simply cannot rest until we see our loving teachers granted the right to unionize. Before we say anything else, though, let’s show the teachers just how much they mean to us.

Yes, our teachers are truly incredible and inspirational people. It is difficult not to catch their infectious enthusiasm for learning, which is readily apparent in their carefully planned lessons, the teeming energy with which they lead their classes, and the genuine concern they show us in the halls and classrooms alike each day. Not only are they masterful teachers but they are also individuals of exceptional character to whom we can look as role models. Personally, I know that I am the person I am today as a result of the diligent work of my teachers. Whether our teachers are instructing us in the classroom or supporting us at sports or music events, our teachers selflessly dedicate their time and energy to fostering our personal and academic growth.

Now, we the students, have the opportunity to reciprocate the dedication and support that our teachers have so lovingly showed to us. Now, in the midst of this tumultuous threat to our teachers’ rights, it is time to support them. To our teachers: We wholeheartedly support your right to unionize, and we will continue to support you as long as it takes.

According to Church teaching, our teachers have a basic, undeniable right to their own labor union. This right has been defended right here in the WyomingValley during the anthracite coal strikes, and probably not too far from where we are standing right now. This right has been upheld and rigorously supported by Church teachings in the form of mountains of encyclicals, pastoral letters, and even in the Catechism itself. Also, as Americans we have a right to unionization. Under the National Labor Relations Act, we are guaranteed this right. Unfortunately, however, due to the religious nature of our teachers’ occupations this right does not legally extend to our poor teachers. In almost any other profession, the treatment that they have received would be illegal, but because our teachers choose to dedicate themselves to a Catholic mission, they have no recourse for legal action.

Our teachers deserve a union because it is a basic human right. They do not desire to make greedy monetary demands, but rather they wish, as they absolutely deserve, to have some say in their occupation, some influence in the curriculum that they teach, and some form of organized communication with their employers.

Our stance in this issue is justified not simply by our personal beliefs, but rather based on the knowledge we have accumulated in our studies of theology, philosophy, history and literature. One of our theology textbooks, approved by the diocese, which we will read to you in a minute, notes the importance of labor unions as unquestionably defended by the Church. In addition to our theological studies, in history we learned about the rise of big business, with its devastating effects on the un-unionized man. We have also been versed in the life and beliefs of the peace-seeking Mohandas Gandhi. In literature we have read the works of Henry David Thoreau. It is upon this plethora of knowledge and so much more that we have based our beliefs and followed through with our actions.

Our teachers mean the world to us, we love them, and we support them unflinchingly.

About 100 rally for Catholic teacher union

From the Wilkes-Barre Times Leader, May 1, 2008:

About 100 rally for Catholic teacher union

About 70 students and 30 adults gathered outside Holy Redeemer High School after classes ended and walked to Wilkes-Barre's Public Square for a rally supporting Catholic teacher unionization."We are here because we believe in truth and justice, and we believe in standing up for truth and justice," senior Kevin Hourigan - one of the organizers of the rally - told the crowd gathered around the portable bandshell that had been outfitted with speakers and a microphone.

Student Dan Kotsko opened the rally with a communal "Hail Mary," then read "prayer for teachers and students," and junior Chris Bohinski belted out the national anthem before Hourigan gave a speech extolling the value of the teachers and endorsing their effort to unionize.
"We are here because we love our teachers and we cannot rest until we see our Catholic teachers granted the right to unionize."

Several students took turns reading brief passages from various Catholic Church writings supporting the right to unionize, from Pope Leo XIII's 1891 encyclical "Rerum Novarum" to the Diocese of Scranton's own policy manual.

Senior Carl Frank, who also helped organize the event, read from a theology book he said was "approved by the diocese.

"Human beings have the fundamental right to form and act through their own private organizations, specifically labor unions.

After another prayer read by Kotsko and a thank you from Hourigan, the crowd walked back to the school before dispersing. Police zipped from intersection to intersection during both walks, stopping traffic so they could safely cross the streets. Frank said he and the other students had filled out necessary forms and paperwork to get the police escort and the use of the bandshell.

Acknowledging that they had promised to keep fighting a battle that so far looks interminable - the diocese has repeatedly insisted rejection of the union is final and irrevocable -- Frank and Hourigan said they will do what they can even after graduation. Frank plans to attend King's College in Wilkes-Barre while Hourigan is heading for New York University.

They also said that, if the struggle continues into next year, they believe there are juniors now who will pick up where they left off within the school.

The diocese and Bishop Joseph Martino have repeatedly said - and posted statements on the diocesan Web site saying - that such efforts are pointless and that the newly implemented "Employee Relations Program" will fairly represent all school employees.

The Scranton Diocese Association of Catholic Teachers represented teachers in many local schools, but lost that right when the diocese restructured the school system last year, eliminating the small parish and local school boards the union had negotiated with. In January, three of the four regional boards formed in their place rejected a request by the association to unionize teachers. The union, parents and some students have staged rallies, informational pickets and prayer vigils since then. The union also staged sick outs that shut down individual schools on several separate days.

Redeemer students stage rally to support teachers

FROM THE SCRANTON TIMES TRIBUNE, MAY 1, 2008

Redeemer students stage rally to support teachers


On the last day of February, they walked out.

On the last day of April, they rallied.

Pledging to renew support for their teachers’ right to unionize, students at Holy Redeemer High School on Thursday hosted a rally at Public Square immediately after class. Parents and teachers rounded out the 100-plus crowd.

“We’re here because we believe in the dignity of workers’ rights and social justice, because we care about the future of Catholic education, but most importantly because we love our teachers,” said Holy Redeemer senior Kevin Hourigan.

“They’re truly inspirational people and it’s difficult not to catch their infectious enthusiasm for learning, the teeming energy with which they lead their classes and the concern they show us each day. I know I’m the person I am today because of the diligent work of my teachers, and we simply cannot rest until they are granted their right to unionize.”

The rally was to protest a decision by Bishop Joseph Martino of the Diocese of Scranton not to recognize the teachers union as a bargaining unit, opting instead for an “Employee Relations Council” the diocese claims will insure fair representation.

In between group prayers and the national anthem, students argued the Catholic Church has a lengthy history of supporting labor unions and cited texts ranging from Pope Leo XIII to the Second Vatican Council to the Scranton Diocese itself.

“Human beings have the fundamental right to act through their own organizations, specifically labor unions,” said Holy Redeemer senior Carl Frank, quoting his Diocese-issued theology textbook, “Our Moral Life in Christ.”

In February, several hundred Holy Redeemer students walked out of their morning classes in support of their teachers and endured a Saturday-morning detention for their efforts.

Thursday’s rally was held after school and away from school property.Although the diocese has issued numerous press releases stating that Martino’s decision is final and will not be revoked, participants in the rally vowed to keep the fight.

“The diocese may say this is pointless, but if they listened closely, they might discover that it’s not. These kids have a voice and deserve to be heard,” said Sharon Hourigan, spokesperson for Parents Supporting the Scranton Diocese Association of Catholic Teachers.

“Personally, I want my kids to stand up for themselves.” Having obtained a permit from the city, rally organizers were granted police protection to block traffic at several intersections as participants traveled back and forth from Holy Redeemer to Public Square.

Scranton Diocese Association of Catholic Teachers President Michael Milz was also in attendance but stressed that students organized the event without help or encouragement. Throughout the last four months, the teachers union has held a series of informational picketings, prayer vigils and public meetings, and has even appealed to the Vatican for intervention. “I wish I could take credit, but this is their day. I’m just proud because the students did a fantastic job. Someone must have taught them well,” said Milz.

FOLLOW THE LINK BELOW FOR A SIMILAR STORY IN THE WILKES-BARRE CITIZENS' VOICE, MAY 1, 2008.

Students rally for Catholic teachers

Worthy Fight

The following letter to the editor appeared in the Scranton Times Tribune, May 1, 2008:

Worthy Fight

Editor:

The teachers of the Diocese of Scranton refuse to give up their fight for a union for good reason. I’m relatively new to teaching, and I’m also new to being in a union. But my limited experience teaching in the diocese has shown me why a union is critical.

On a personal note, every day I teach five class periods in a row. Under last year’s contract, this would have been illegal. Although the classrooms are not coal mines, teaching can be an uncomfortable profession when you don’t have time to use the restroom.

On a broader level, about eight teachers at Holy Cross High School, including me, were paid the wrong salary until a week before Christmas. We reported the errors as instructed. During a meeting with our system director, who is supposed to act as our liaison with the diocese, we were told that the diocese had made a mistake and the amount we had received was correct, even though we had signed a document agreeing to a higher salary. We pursued the matter, but it wasn’t until our seventh paycheck that the error was corrected.

Additionally, the teachers at Holy Cross High School have not been assured of a position for the next academic year. We have not been told whether the student body will be housed in one building or two for the 2008-2009 school year. If all students are taught in one building, the school will not need as many teachers as there are now. However, those same teachers whose positions are not secure have been asked for their expertise in making decisions about next year’s curriculum. They have been asked to teach new electives and to take on student observers from local universities, all without knowing the status of their future employment.

These issues are justice issues — issues that unions are meant to resolve. And because of these issues and others like them, the teachers of the Diocese of Scranton continue to fight.

JAIME MOSHER
OLYPHANT