Monday, June 30, 2008

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

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

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

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

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

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

Tuesday, June 24, 2008

Labor act change promotes free choice by lay employeess

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

Labor act change promotes free choice by lay employees

Editor:

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

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

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

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

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

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

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

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

Michael A. Milz, President

Scranton Diocese Association of Catholic Teachers (SDACT)

Church leaders remain deaf to the cry of the faithful

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

Church leaders remain deaf to the cry of the faithful

Editor:

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

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

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

John Holmes
English teacher, Holy Redeemer High School

Bishop's True Agenda

The following letter to the editor of the Scranton Times Tribune appeared June 24, 2008:

Bishop’s true agenda

Editor:

My husband and I have chosen, for the past 15 years, to send our children to Catholic school. Since the Scranton Diocese has taken over, so many changes have taken place that make no sense, unless it is simply because this bishop wants to end Catholic education in our area.

This bishop hides behind closed doors, refuses to explain a thing, and makes decisions that specifically hinder the growth of our schools.

Prior to the diocese taking over, St. Vincent’s School had a high enrollment and was financially quite stable. Since the diocesan involvement, that has all changed.

My husband and I support the teachers and their rights, but sadly, even if their union is recognized, a bishop who does not support Catholic schools is still leading us. Isn’t that an oxymoron?

To quote Pope Benedict XVI: “Everything possible must be done, in cooperation with the wider community, to ensure that they (Catholic schools) are accessible to people of all social and economic strata. No child should be denied his or her right to an education in faith, which in turn nurtures the soul of a nation.”

If only the pope knew who we were up against. We have waited patiently for this man and his advisers to show simple Christianity, simple respect. Wouldn’t it be the Christian way to sit together and make positive changes?

We have remained silent as we have watched friends pull their children from our school. Not one left due to the economy or “smaller family size,” as diocesan spokesman William Genello cited as the reason for the decline in enrollment. Everyone left because they see this bishop as totally unsupportive of Catholic schools.

We will fight for our beautiful school on the hill, for it’s teachers and it’s staff. They have stood beside our family for 15 years, nurturing our children, guiding them, helping us instill values that we hold so dear. Are we frightened? We certainly are. We live with no answers, no assurances.We will continue to pray that priests, who have remained silent, speak up; that parents who feel as strongly as we do – speak up.

We will continue to pray that the bishop’s advisers will speak up and do the right thing. We will continue to pray that this bishop has an awakening and realizes it’s not too late to undo the damage. We cling to the hope that Catholic education in this area can be restored to what it was – a shining example of a loving family in Jesus.

We will continue to attend Mass because our faith is steeped in something far stronger than a bishop. It is steeped in a loving God. At collection time, our envelope will be empty until we see a change coming from Bishop Martino. We urge every Catholic school family to do the same. Perhaps then we will get his attention.

BETTY and JOHN LAWSON
HONESDALE

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Monday, June 23, 2008

Bill would foster fairness in church/staff labor negotiations

The following letter to the editor of the Wilkes=Barre Times Leader appeared June 23, 2008:

Bill would foster fairness in church/staff labor negotiations

The recent public statement issued by the Diocese of Scranton arguing that “private, independent religious schools can operate according to the tenets of a particular faith or philosophical point of view” is very true and would be valid if the diocese schools were staffed only with nuns, priests and other quasi-clergy. But that’s not the case. The diocese has engaged the services of citizens to fulfill these responsibilities in their schools, and thus should be subject to the same codes that guide labor relations in our public school system.

Where our citizens are involved our government definitely does have a place and a presence.

I support state House Bill 2626 because it will ensure fairness in labor negotiations between our citizens and the church -- any church.

Michael M. Stair Mountain Top

Sunday, June 22, 2008

Example of Bishop Hoban worth following

The following editorial appeared in the Wilkes-Barre Times Leader, June 22, 2008:

Example of Bishop Hoban worth following

WWBHD -- What would Bishop Hoban do? No, not the high school that existed on Pennsylvania Avenue in Wilkes-Barre for 35 years before merging with other schools to become Holy Redeemer, but the great priest who was the namesake of that school and the spiritual leader of the Scranton Diocese from 1899 to 1926.

Bishop Michael J. Hoban was the second Bishop of the Diocese of Scranton and one who was renowned for his support of working families, the unions they formed and the struggles they waged to carve out a better life in Northeast Pennsylvania. He and the moral authority he possessed supported many of our grandparents and we are all the better for it.

Emblematic of that support is the well-known 1902 photograph of Bishop Hoban sitting with President Theodore Roosevelt and John Mitchell, United Mine Workers president, on the landing in front of Holy Savior Church in East End to show support for working miners.

If Bishop Hoban were alive today he may have been front and center on Public Square on June 14 along with parents, students, elected officials and union leaders in support of area Catholic school teachers and the respect they deserve.

The Scranton Diocese Association of Catholic Teachers -- which has represented the diocesan Catholic school educators for 27 years -- organized their “Rally for Rights” that Saturday on the square to urge the Scranton Diocese and specifically Bishop Joseph Martino to recognize their union.

Under the leadership of Michael Milz, a dedicated and selfless Catholic school teacher for 33 years at Bishop Hoban and Holy Redeemer, the SDACT has been respectfully requesting such recognition for over a year.

Milz is a husband and father with a mortgage, taxes and the bills we all must pay. Yet two weeks ago we learned that Milz, who has touched the lives of thousands of students in his three decades of teaching, was informed that his services were no longer needed due to “staffing reasons.”

Surgically removing the leader of a group laboring for the rights of others is not a new tactic. It has been used by the powerful throughout our history. It is this treatment of human beings that Bishop Hoban deplored and would never today condone.

The chilling message which this act sent to Milz and all Catholic school teachers is clear. Crystal. Unfortunately, it was also clear to every citizen with access to a newspaper. We all witnessed the mean-spirited removal of Michael Milz. Sadly, this action contradicts everything I was taught by the Sisters of Mercy at Holy Savior, the Jesuits at the University of Scranton and every good priest we grew up listening to.

Milz and the SDACT have petitioned the Vatican for help and are also supporting House Bill 2626, which would require their official recognition by the diocese. I urge our northeast delegation to support this legislation.

But none of this should be necessary. Wisdom is all that’s required. The SDACT has professionally represented its Catholic school teachers for 27 years. It was recognized by our three previous bishops and all worked well together, until now.

Bishop Michael J. Hoban would certainly break bread with his faculty, recognize their union and keep Milz in the classroom where he belongs. I respectfully urge Bishop Martino to do no less.

Ultimately, in the end, recognition will come. The rights of the Catholic school teachers will be restored either through legislation, a new bishop or possibly through intervention of the Vatican itself. After all, Pope Benedict XVI is a good and wise man. I suspect he knows WWBHD.

Kevin Blaum is associate director of admission at Wyoming Seminary in Kingston, where he also teaches government. Blaum spent 26 years as a Pennsylvania state legislator and was a Wilkes-Barre City Councilman. Reach him at kblaum@timesleader.com.

Friday, June 20, 2008

Scranton Diocese rejects request for vote

The following story appeared in the Scranton Times Tribune, June 20, 2008:

Scranton Diocese rejects request for vote

The dispute between the Diocese of Scranton and the teachers union it refuses to recognize is a growing concern among state lawmakers.

Legislators met with officials from the diocese for the first time Thursday. In a three-hour meeting at the Chancery, lawmakers learned more about the dispute — and to see whether it could be resolved.

With a bill in the state Legislature that would give Catholic teachers the right to unionize, lawmakers are feeling pressure from state labor unions to pass it and are concerned with rights of teachers in the diocese.

“We’re uncomfortable being involved in a church issue, but at the same time, this has risen to a new level,” said meeting attendee state Rep. Frank Andrews Shimkus, D-Throop. “We don’t want to cross that line between church and state, but there are workers’ rights here.”

Labor unions from across the state are pushing for the passage of the bill that would amend the Pennsylvania Labor Act and for months have supported the teachers’ rights to unionize.

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.

At Thursday’s meeting, legislators asked officials if the issue could be resolved by having the teachers vote on whether they wanted a union. The diocese has stated that a majority of teachers do not want a union; union officials claim the opposite.

The diocese objected to the vote.

“We explained to them it’s the bishop’s responsibility to make decisions based on ... the overall good of the diocese,” said diocesan spokesman William Genello. “He has made this particular decision with that in mind.”

Bishop Joseph F. Martino was not present at the meeting. Representing the diocese were Joseph Casciano, superintendent of schools; James Burke, human resources director; Mary Tigue, assistant superintendent of schools; and Mr. Genello.

“We were happy to have the opportunity to talk with them and answer their questions,” Mr. Genello said.

Legislators requested the meeting through the Pennsylvania Catholic Conference. The diocese had previously rejected requests to meet with union officials.

Along with Mr. Shimkus, state reps. Mike Carroll, D-Avoca; Eddie Day Pashinski, D-Wilkes-Barre; Ken Smith, D-Dunmore; Karen Boback, R-Harveys Lake and state Sen. Lisa Baker, R-Lehman Township, attended the meeting.

The bill, introduced by Mr. Pashinski, would amend the Pennsylvania Labor Act to specifically include lay teachers and employees working in religious schools. When the state labor law was written in 1937, Catholic schools were not included because they had few lay people working for them.

House Bill 2626 is now in the Labor Relations Committee in the House of Representatives and will soon be scheduled for hearings across the state.

Lawmakers said they found the meeting informative, as they learned the reasoning behind not recognizing the union, as well as information about enrollment and staffing.

“I don’t know what will happen next,” Mr. Shimkus said. “We at least opened the door of communication.

”After the meeting, Mr. Smith said he was in favor of the teachers to have “the right to have representation and a voice.”

“I hope they can come to a solution before this thing really blows up,” Mr. Smith said. “I don’t want the institution to be hurt.”

Bill unveiled at rally for Catholic teachers union

The following article appeared in the Wilkes-Barre Citizens' Voice, June 15, 2008:

See VIDEO of rally from WBRE TV News

Bill unveiled at rally for Catholic teachers union

Despite a live band, funnel cakes, pizza, face painting and balloons, there was no mistaking Saturday’s “Rally for Rights” for a festival once the speakers began talking about union rights

“The word union in many circles is considered an un-American thing,” state Rep. Eddie Day Pashinski, D-Wilkes-Barre, said. “The word union in some circles is considered to be too costly. I want everyone to think where you’d be without unions.”

The rally, organized by the Scranton Diocese Association of Catholic Teachers, brought together between 300 and 500 union members and supporters from all over the county and state.

The SDACT is fighting for recognition from the Diocese of Scranton, which has repeatedly refused to recognize the union. Pashinski officially unveiled House Bill 2626 at the rally, which would amend the Pennsylvania Labor Act to specifically include lay teachers and employees working in religious schools.

In Pennsylvania, six of the eight dioceses have unions, Pashinski said.

When the act was written, almost no lay teachers worked in religious schools and it was not a issue. The bill has 56 co-sponsor signatures, including State Rep. Mike Carroll, D-Avoca; John Yudichak, D-Nanticoke; Frank Andrews Shimkus, D-Throop; Phyllis Mundy, D-Kingston; and Todd Eachus, D-Butler Township.

“To the church, it’s not about justice, it’s not about integrity,” said Rita Schwartz, president of the National Associate of Catholic School Teachers. “It’s about power.”

The Diocese of Scranton issued a statement Friday against the bill and urged other Catholic dioceses to take similar stances.

Schwartz and Pashinski were only two of more than 10 speakers at the rally, including Wilkes-Barre Mayor Tom Leighton and U.S. Rep. Paul Kanjorski, D-Nanticoke. The crowd loudly cheered when SDACT President Mike Milz stood to speak. Milz learned this week that he was losing his job with the diocese after more than 30 years of service, and many in the crowd were upset. After the rally, former students, co-workers, friends and supporters crowded him for handshakes and hugs.

Milz said it was exciting how many places and unions the crowd represented. More than three dozen unions were recognized for coming. He feels there is the support from the community to get HB 2626 passed.

“I think it’s fair to say we’ve convinced everyone, except for one, of the righteousness of our cause,” Milz said.

David McQuiston, an area vice president for the Philadelphia Association for Catholic Teachers, drove up to Wilkes-Barre to support the cause.

“What is going on here has to be stopped here,” McQuiston said. “If it could happen here, it can happen anywhere.”

Bill George, the president of the Pennsylvania AFL-CIO, capped off the speeches with a call to action and told the crowd that this fight is about more than recognizing the Catholic teachers in this area, but for recognizing the rights of all people.

“Most of all it’s about standing up for what belongs to us,” George said. “That flag up there belongs to all of us.”

Eileen Kempinski plans to follow that directive and said she plans to do everything possible to get the bill passed. She is a teacher at St. Jude’s School in Mountain Top, and has worked for the diocese for 33 years.

“It’s a great idea,” Kempinski said. “I hope everyone will call their congressmen, their representatives, and tell them to support the House Bill 2626 because it’s a justice issue, so Catholic school teachers will have the same rights as every other American citizen.”

The bill is currently with the state Labor Committee, and Pashinski said he is hopeful it could be up for vote in September.

Dismissal of Michael Milz a blow to Catholic Education

The following letter to the editor of the Wilkes-Barre Citizens' Voice appeared on June 20, 2008:

Dismissal of Michael Milz a blow to Catholic Education

Editor:

Bishop Joseph Martino’s ax fell once again as Michael Milz, President of the Scranton Diocese Association of Catholic Teachers and a social studies teacher at Holy Redeemer High School, was informed by administration officials that he would not have a job for the 2008-2009 school year.

The Scranton Diocese will claim that Mr. Milz has the least seniority in the social studies department at Holy Redeemer High School, and while this is true, it is only part of the story.

When the restructuring of the schools began, James Burke, human resources director for the Scranton Diocese, guaranteed everyone who was then teaching in Luzerne County that the hiring of teachers would be based on seniority and certification throughout the Holy Redeemer system in that county. Shortly after, our leaders in Scranton reneged on this promise and set up a seniority system according to certain schools. This allowed them to protect some of their friends and isolate Milz so he would eventually be a target for dismissal.

Another part of the story comes into play when one looks at the Theology Department at Holy Redeemer High School. Presently they have a chaplain (no classes) and co-directors (James McDermott and Robert Roman) with three classes each. A recent directive from Scranton demands that all teachers be assigned six classes next year. Simple math would indicate that one director is not needed, but Scranton has decided to rescue one of its friends. In addition, Roman has been allowed to create a new course in criminal justice to justify his employment. Many schools and colleges have criminal justice in their social studies curriculum, which could provide classes for someone in that department.

Remember, Milz has been a vocal critic of Bishop Martino’s stand against labor rights for our teachers, while Roman is a staunch supporter of the Bishop’s policy, which violates 100 years of Catholic social justice teachings of the Church. I might add that Milz has been in the classroom for over three decades, while Roman only started teaching after retiring as a probation officer from Luzerne County with a pension. Does Roman have more seniority than Milz in the Diocese of Scranton?

To show the detrimental effect this situation will have on Catholic education, let me elaborate on Milz’s career.This veteran educator has taught various social studies courses for over 30 years at the former Bishop Hoban High School and now Holy Redeemer High School.

During this time, Milz has won numerous educational awards, along with being named to the well-known Who’s Who Among High School Teachers in America.

His advanced placement students consistently score high on the final test, which earns them college credits at no expense.Milz’s expertise has helped hundreds of our students gain admission to some of the most prestigious schools (Cornell University, Georgetown University, the University of Notre Dame, the University of Pennsylvania and many others) in America.

Along with being an outstanding teacher, Milz was instrumental in establishing the first local teachers union at Bishop Hoban High School, and later a diocesan organization, namely the SDACT.

This passionate leader has worked tirelessly to help teachers obtain better benefits, improve working conditions, and provide dignity to their jobs.It was Michael Milz who insisted that new teachers must be hired with a certificate in their respective fields, negating the old practice of hiring friends and putting unqualified people in the classroom.

His relationship with past bishops and negotiators has always been cordial and professional, and numerous contracts were settled in an atmosphere of civility and respect. Is it possible that Bishop Martino has instructed his “puppets” to find a way to eliminate this outstanding teacher?

The Diocese of Scranton has tried to steer the parents against a teachers’ union when they claim that it would be too expensive. Yet, the diocese raised tuition for next year, and this time it doesn’t have the union to use as a scapegoat. It is public knowledge that Bishop Martino has denied the right of teachers to form a union to protect their jobs. Remember his famous television quote, “Don’t they understand final means final?”

This arrogant comment speaks volumes about his lack of concern for the teachers and students, as well as his fear of open dialogue.

To add to the frustration, the bishop was conspicuously absent from Holy Redeemer’s initial Baccalaureate Mass and graduation ceremonies last week. Seniors were upset that they had been asked to give up so much for the merger, and their shepherd did not clear his calendar for their historic day.

The dismissal of Milz is one more destructive blow to an already fragile system. Let us hope that Bishop Martino’s superiors see the light, and end the suffering in the Diocese of Scranton.

Finally, let me thank Michael Milz for all he has done for teachers and Catholic education. It has been a privilege to work with him and more importantly to call him my friend.

Keep the faith Mike, as all “dictatorships” fall sooner or later!

Jim Maloney
A proud SDACT member

Bill To Amend Labor Law Discussed on Statewide Radio Show and WYOU TV

SDACT President Mike Milz was interviewed on the statewide radio program, "The Rick Smith Show." Milz discussed HB 2626 which has been introduced in the PA General Assembly that will amend the PA Labor Relations Act to include employees of religiously-affiliated schools. To listen to the interview, go to the link below and advance the MP3 file to the 29 minute mark.

http://ricksmithshow.com/june-8%2C-2008-show

You can also watch Rep. Eddie Day Pashinksi and Mike Milz discuss HB 2626 on a recent episode of WYOU TV's interactive news broadcast. Click on this link.

Tuesday, June 17, 2008

CATHOLIC LAY TEACHERS

The following appeared in the Lu Lac Political Letter, June 15, 2008:



A poster in one of our previous editions wanted to know my take on the Catholic School teachers recent troubles with the Diocese. Having been a product of Catholic schools right through my entire education career, I have thought about this issue.

I had been educated by nuns exclusively until the seventh grade when a lay teacher was hired at our school. To be honest it was a tough transition because it was something new for all of us. But after a bumpy first half, we began to learn what we were supposed to but with a perspective of someone less cloistered.

In high school, my lay teachers taught me Biology, English and the humanities. My first exposure to an honest to God right winger was at St. John’s High when I had classes with a gentlemen who constantly urged us to join a group called the YAF, Young Americans for Freedom. Something like that made you come face to face with your own mind and beliefs.

My regard for lay teachers, what they do, how they educate is unparalleled. So with this back drop, here’s what I think.

The recent efforts by State Representative Eddie Day Pashinski to pass House Bill 2626 gives you an insight into how this guy governs. Someone had to do something to counteract the actions of the Diocese and do so legally. The Diocese, like Pashinski and many others have said, have to make the decision whether they want to be in the education business.

In a way, the Diocese has used to its advantage all of the pro business, union busting activities that have come down the pike in the last twenty five years. Give them credit, they used the tools America has given them. In a way, their motto is “We do it…because we can” following the lead of Oil Companies and Airlines. What they have done to the lay teachers and the schools is unfair but not illegal. They know the loopholes and use them well. Ask Mike Milz.

But finally, someone has stood up to this way of doing business and handling workers. It may not bring us back to the days of Samuel Gompers, but thank goodness at least it’s a start.

The PR people can tell you all about their committees until they are blue in the face but this is not only union busting, it’s inhumane. You’d expect that from big business but not the Church.

Oh wait, I forgot, sometimes the Church is big business. But maybe the church, and all business and government should follow Ghandi’s definitions of the 7 deadly sins and how we as a people can avoid them, maybe the world would be kinder. They are:
1. Wealth without work.
2. Pleasure without conscience.
3. Science without humanity.
4. Knowledge without character.
5. Politics without principle.
6. Commerce without morality.
7. Worship without sacrifice.

Saturday, June 14, 2008

Hundreds attend rally for Catholic teacher union

The following appeared in the Wilkes-Barre Times Leader, June 15, 2008:

Hundreds attend rally for Catholic teacher union

Part carnival but mostly union rally, 300 to 500 people gathered on Public Square to hear speeches from politicians, union leaders and a Holy Redeemer High School graduate extolling teachers and rebuking Diocese of Scranton Bishop Joseph Martino for refusing to let them unionize.

Noting he was a "proud graduate of Bishop Hoban High School" - shut down last summer and reopened as Holy Redeemer - Wilkes-Barre Mayor Tom Leighton told the crowd "I am proud to stand in support of these teachers," evoking loud applause.

U.S. Rep. Paul Kanjorski, D-Nanticoke, threw his support behind the cause, and said "We're not fighting the church - and there's a sign out here that says bishop be fair, it doesn't say Church be fair. We're fighting a man intent on doing the wrong thing."

Rita Schwartz, president of the National Association of Catholic School Teachers, repeated the union's contention that the Catholic Church has staunchly supported the right to unionize for more than a century, and shouted "you cannot preach one Gospel and practice another."

Kevin Hourigan, a graduate of Holy Redeemer High School in Wilkes-Barre who had helped organize student actions in support of the union - including a brief walkout during school hours by 282 schoolmates - said that "we have always been taught that the building is not the Church, the people are the Church. Well, the people of the Church are upset."

And State AFL-CIO president Bill George boasted of the connection of Church and unions over the decades, and criticized the diocese for laying off Michael Milz, a teacher and local union president who has spearheaded the effort to unionize for more than a year. George rejected the diocesan claim that Milz was not laid off because of his union activity.

"When you take a shot at the union and fire somebody, you've crossed a line," he said. "When you no longer respect the teachers, you no longer respect the people."

All of the speakers encouraged the public to call their state representatives and support House Bill 2626, introduced officially this week by Rep. Eddie Day Pashinski, D-Wilkes-Barre, with 55 co-sponsors, which would amend the Pennsylvania Labor Relations Act so it covers Catholic school teachers. The state supreme court has ruled they are not covered by the law, which would allow teachers to force the diocese to hold a secret ballot vote on unionization.

Pashinski asked "Where would you be without workers, without people fighting for unions," then unveiled an over-sized copy of the bill.

The Scranton Diocese Association of Catholic Teachers represented many local teachers until the diocese restructured the system last year, eliminating the small local school boards the union had negotiated with. The diocese formed four regional school boards, then rejected the Association's request to represent teachers under the new system, opting instead to form an "Employee Relations Program" officials have promised will represent all workers fairly.
The diocese has issued a statement criticizing HB 2626, contending it "would produce serious religious freedom and Constitutional consequences." That statement is posted here. But Pashinski and Milz insist it has been well researched and will stand up to any constitutional challenge.

If it does end up contested in the U.S. Supreme Court, Milz added, it would likely be a precedent-setting case. While other states have allowed Catholic teachers to unionize, he said he doesn't believe that right has ever been challenged on a federal level.

"It is a neutral bill," Pashinski said. Milz noted that the bill had been reviewed by members of the group "Catholic Scholars for Worker Justice," which, he said, includes numerous attorneys. A representative of that group, Joseph Fahey, also spoke briefly to the crowd, saying that "the Church teaches unions are an indispensable part of social justice."

Before the rally, people mulled around the square as a rock band called "The Imaginary Boys" played on stage. The trio were current or former students at Holy Redeemer, and had donated their time. The union had also invited food vendors to set up, and pizza, chicken, gyros and ice cream were available.

One table offered "SDACT face painting," which was exactly that - painting the acronym of the union onto cheeks. White balloons with "SDACT" printed on them billowed in bundles in the wind and were handed out to some youngsters. Parents supporting SDACT, an organization formed by non-teachers to back the union effort, set up a table to hand out pins, cards and signs while collecting names and e-mail addresses of those willing to join the cause.

The AFL-CIO bus was parked behind the dais of speakers and politicians, and George noted it was the "maiden voyage" of this particular bus. The union had been running an old school bus modified with a speaking platform in the back, but now sported a traditional city-type bus.

George said at least 100 members from numerous unions came in support of the teachers, and Nancy Krake, president of the Greater Scranton Central Labor Council read off a long list of the unions represented. Two people stood with a banner recreating a June 21, 1983 headline from the Philadelphia Inquirer that read "Pope: Union right is God given."

And some of the T-shirts sported by individuals included comments such as "Lord, let the first lesson taught at Holy Redeemer be Justice through a Union Contract," "United States and Unions, both start with U," and "Unions, the folks that brought you the weekend."

After the rally ended at about 2:30, Milz spent a long time talking with people who offered support, asked how they could donate money, or expressed sympathy that he lost his job. students walked up and thanked him "for being such a great teacher," or asked to get their picture taken with him.

As crowd dwindled to a few handfuls, a man sat across the street in front of the Ramada Hotel and held up a sign to passing motorists: "Solidarity with SDACT."

Milz should not be furloughed

The following letter to the editor appeared in the Wilkes-Barre Citizens' Voice, June 14, 2008:

Milz should not be furloughed

I am outraged that Mr. Michael Milz of Holy Redeemer High School has been furloughed.

As a high-honor graduate, vice-president of Bishop Hoban’s class of 1996 and a former student of Mr. Milz, I can attest to the fact that Mr. Milz is the “best of the best.” He is the type of person that students look(ed) up to and that other teachers tried to emulate. Mr. Milz is nothing short of the epitome of excellence in teaching. He stands for everything the Catholic church should stand for: integrity, honor, commitment and faith. He should not have been let go. Instead, he should be praised and justly rewarded for his unwavering dedication to students, his steadfast spirit and his enthusiasm for teaching.

I believe this is nothing more than Bishop Joseph Martino’s egregious attempt to silence and spite Mr. Milz for his affiliation with the Scranton Diocese Association of Catholic Teachers.

I truly believe that Bishop Martino has a personal vendetta against Mr. Milz and that his actions are based solely upon retaliation. He should be ashamed! I will continue to support Mr. Milz and his fight for what other Catholic school teachers justly deserve. I know many other graduates, undergraduates and their families feel the same.

Alicia Son Roback
Vice-President
Bishop Hoban class of 1996

Support Pashinski’s proposal to help Catholic school teachers

The following letter to the editor appeared in the Wilkes-Barre Citizens' Voice, June 13, 2008:

Support Pashinski’s proposal to help Catholic school teachers

Editor:

We would like to publicly thank Representative Eddie Day Pashinski for sponsoring the bill that will amend the Pennsylvania Labor Relations Act to include employees of religiously-affiliated schools.

After over a combined 60 years of teaching in the Catholic school system and belonging to a union for over 20 years, we feel this legislation is long overdue.

It is hard to believe in the year 2008 there are workers who still do not have the same rights as every other worker in America. Our arguments are obviously constitutional rights of freedom of assembly and free association, rights upon which unionization is based but more importantly a justice issue.

We would hope that all citizens would recognize this as an injustice and visit, call, and write their legislators to see this bill become law.Thank you again Representative Pashinski for all you are doing to help correct this injustice.

Les and Eileen Kempinski
Mountain Top

Students, parents and priests should come to aid of Milz

The following letter to the editor appeared in the Wilkes-Barre Citizens Voice, June 13, 2008:

Editor:
Last week I called for members of the Pennsylvania House of Representatives and Senate to co-sponsor Eddie Day Pashinski’s bill that would provide labor rights for Catholic school teachers in the diocese and state. I am happy to announce that many have answered the call.

Now I am putting out another call for help. Michael Milz, who has spearheaded a campaign for justice and dignity in the diocese, has been informed by the administration that he will not be rehired at Holy Redeemer High School next year.

One wonders why this unpleasant task wasn’t carried out by the superintendent, systems director of principal.

What a brave lot they are. Shame on them.

I am calling on students to voice their dissatisfaction because they will suffer the most in late August with fewer teachers and more crowded classes.

Milz avoided involving students in the struggle, but it’s time for them to put into practice what they have been taught in social studies and religion classes concerning justice and human dignity.

Parents must now come to the aid of Milz and fellow teachers facing unemployment. Parents must think about how they would feel losing a job while fighting injustice. Many of our teachers have extended family obligations, some taking care of elderly parents or siblings.

Such people will also become victims of injustices should dedicated teachers be furloughed.

I also call upon the religious, our good sisters and priests, for assistance. You may be bound by a sense of obedience, but is that obligation binding when justice and human dignity are in question? You may be victim to the same injustice. Remember, God helps those who help themselves.

Our lay teachers must also be willing to serve as leaders, not followers. As community leaders, they must be willing to personally confront those responsible for the injustices. For if not you, then who? Remember you may be the next victim.

The good people of Northeastern and Central Pennsylvania who are part of the diocese must be a part of the fight for justice and human dignity. Catholic and non-Catholic must be willing to come to the aid of victims of injustice and voice their displeasure with those responsible.

What can every person do? Write, phone, fax, e-mail and if need be confront personally the diocese’s superintendent, the systems director at Holy Redeemer High School or the director in your region, and don’t forget the principal of your school who serves as Scranton’s local administration. Put a face on these faceless people who hide behind an office door. Lastly, I ask every person to attend labor’s Rally for Justice and Human Dignity in support of the Scranton Diocese Association of Catholic Teachers this Saturday, June 14, at 1 p.m. on Public Square in Wilkes-Barre.

John Vesek
Executive Board Member
Scranton Diocese Association of Catholic Teachers

Friday, June 13, 2008

Bill aims to aid Catholic teachers

The following article appeared page 1 in the Wilkes-Barre Times Leader, June 13, 2008:

Bill aims to aid Catholic teachers

The move to give Catholic lay teachers state legal protection in efforts to unionize has taken a big step forward and could be up for a House of Representatives vote as early as September, state Rep. Eddie Day Pashinski said.

On May 23 Pashinski announced plans to draw up a bill that would amend the Pennsylvania Labor Relations Act to include Catholic teachers. The state Supreme Court has ruled that Catholic teachers do not fall under the law’s protection.

At the time of Pashinski’s announcement, he had just begun seeking co-sponsors and the bill didn’t exist.

It does now.

On Wednesday, House Bill 2626 was referred to the committee on labor relations. Along with Pashinski, D-Wilkes-Barre, it has 54 other co-sponsors, including Phyllis Mundy, D-Kingston; John Yudichak, D-Nanticoke; and Todd Eachus, D-Butler Township.

Pashinski said he intends to unveil the bill during a Saturday rally on Public Square, Wilkes-Barre. The 1 p.m. event is being organized by the Scranton Diocese Association of Catholic Teachers and is open to the public.

The association previously represented teachers in many local schools but lost that status when the diocese restructured the system last year. The association has been pushing for recognition ever since, but Bishop Joseph Martino has said the rejection of the union is final and irrevocable, and that a new employee relations program will give all employees fair representation.

Diocese of Scranton spokesman Bill Genello did not respond to an e-mail or phone message seeking comment about the new status of the proposal.

Pashinski said he has been given the choice of either calling for a committee vote on the bill or holding public hearings first, and that he’s “leaning toward the latter course. I want to give everybody the chance to present their positions and make sure this is a law that is going to be just and fair,” he said.

Those hearings can’t be scheduled with any certainty until the Legislature passes a budget for the coming fiscal year, which starts July 1, Pashinski said. By law, the budget must be passed by June 30, though the deadline has been missed in recent years. Once a budget is passed, Pashinski said, hearings can probably be set up within two weeks.

“I think we should have a hearing here in the Wilkes-Barre area, in the Scranton Diocese,” he said, “Maybe one in Philadelphia, and one in Allegheny County.”

Pashinski said he’s confident hearings could end in August so the committee could vote on the bill and move it for a House vote in September.

The state Labor Relations Act covers most state employees and public school teachers. Under the act, if enough employees want to unionize but are rebuffed by their employer, they can petition the Labor Relations Board, which could then force a secret ballot vote on unionization overseen by an independent third party. If the majority of employees vote for unionization, the employer must oblige.

In 1996, the state Supreme Court ruled Catholic lay teachers do not fall under the law because they aren’t explicitly mentioned in it. A 1941 state Supreme Court ruling similarly found that employees of non-profit corporations do not fall under the Labor Relations Act. Pashinski’s bill specifically says “the term ‘employee’ shall include any employee, and shall not be limited to the employees of a particular employer, unless the act explicitly states otherwise.”

The bill tries to avoid conflict with the First Amendment to the U.S. Constitution by stating that “in disputes involving a religious employer, the (Labor Relations Board) may neither define nor interpret religious doctrine,” though “the board may inquire into whether the espoused doctrine is a pretext for the action of the employer.” The bill also bars the Labor Relations Board from altering a religious employer’s “organizational structure,” or interfere with how religious controversies are resolved.

The announcement Monday that Scranton Diocese Association of Catholic Teachers President Michael Milz has lost his teaching job at Holy Redeemer High School in Wilkes-Barre “adds fire, so to speak,” to the issue, Pashinski said. The diocese said Milz and seven other teachers were laid off because of declining enrollment and that his union involvement had nothing to do with the decision, but Milz said the diocese had set up a unique system that gave him no seniority despite 33 years of teaching.

Thursday, June 12, 2008

AFL-CIO rips into Scranton diocese over layoff of union chief

The following story appeared in the Scranton Times Tribune, June 11, 2008:

AFL-CIO rips into Scranton diocese over layoff of union chief

The firing of Scranton Diocese Association of Catholic Teachers President Michael Milz is “the most outrageous, shameful and un-American act by the Scranton Diocese, headed by Bishop Joseph Martino,” the president of the Pennsylvania AFL-CIO said in a release Tuesday.

Mr. Milz, along with seven other teachers in the Holy Cross and Holy Redeemer school systems, were informed Monday that because of declining enrollment, they would not be needed for the 2008-09 school year.

State AFL-CIO President William George called the action to Mr. Milz “a challenge to our freedom.”

“We will not let this inhumane and desperate act go unchallenged,” Mr. George said in the statement. “We will do what is necessary to see that justice prevails.”

Meanwhile, the diocese maintains no one was “fired,” and union involvement had no bearing in Mr. Milz, a 34-year diocese employee, being laid off.

“If you believe that, you believe in the Tooth Fairy,” Mr. Milz said Tuesday. “This has been set up since the beginning to eliminate my position.

”Earlier this year, the diocese announced it would not recognize the Scranton Diocese Association of Catholic Teachers as a collective bargaining unit.

Mr. Milz, a social studies teacher at Holy Redeemer High School in Wilkes-Barre, has led the campaign against the decision.

Though Mr. Milz has worked in the diocese for 34 years, he had the least seniority in the social studies department.The same criteria always used to determine layoffs was used again this year, according to the diocese.

According to the diocese, seniority is based on years of continuous service in the diocese and applies to position in geographic school systems, within secondary and elementary systems, and within specific fields.

Teachers are also required to meet certain criteria, including the completion of theological courses, state certification and having a pastor’s letter confirming that the teacher is a practicing Catholic and in full communion with the church. If not Catholic, teachers must have letters from appropriate representatives of their faiths.

If additional positions are needed due to enrollment increases, teachers who have been laid off will receive first consideration for these openings, according to the diocese.

Mr. Milz will continue to campaign for recognition of the union, although he won’t be employed by the diocese.

“It’s a labor of love,” he said. “It’s the right thing to do. I knew this was bound to happen, but I wouldn’t change a thing.”

Please help us! Ask your PA State representatives to support our bill

We urge all concerned citizens to support the passage of the bill sponsored by Representative Eddie Day Pashinski of Wilkes-Barre, which will give to Catholic school lay teachers the rights which belong to all other workers in Pennsylvania, by amending the 1937 Pennsylvania Labor Relations Act to specifically include them under the law, something which was missing in the original Act (Please see other postings on this blog for additional information).

The best way to show your support is to visit, call or write your member of the Pennsylvania House of Representatives and your PA State Senator and ask them to support the bill.

To find the address and phone number of your representatives in the PA General Assembly, go to the following web site and enter your zip code in the appropriate search window:
http://www.legis.state.pa.us/

Wednesday, June 11, 2008

Catholic teacher’s layoff stirs question of fairness

The following editorial appeared in the Wilkes-Barre Times Leader, June 11, 2008:

MICHAEL MILZ WEARS many hats: Teacher, father, grandfather and union leader.

Now, thanks to the Diocese of Scranton, he dons another: Laid-off employee.

Milz, a Holy Redeemer High School teacher who happens to be president of the Scranton Diocese Association of Catholic Teachers, recently learned he and seven other lay teachers would not be returning to the classroom next year.

A diocese spokesman said union involvement was not a factor in layoff decisions.

“Mr. Milz is being laid off because, due to declining enrollment, fewer teachers are needed in the social studies department at Holy Redeemer High School, and there are other teachers in that department who are ahead of Mr. Milz in seniority,” an e-mailed diocese statement said Tuesday.

Action appears to trump words in this case. Milz, who taught in diocesan schools for 33 years, was hardly an employee likely to be let go in a fair and just environment. But under current rules, all of his tenure in the diocese does not count, which put him at a disadvantage when layoffs were required.

Milz has been the most vocal of those critical of the diocese’s decision to stop recognizing the union. When the diocese restructured last year, it legally severed union contracts it had.
Since then, the diocese repeatedly refused to even meet the union and then issued a statement on its Web site that the decision is “final and will not be revoked.”

Undeterred, Milz has remained at the forefront of unionization efforts, in part to do away with arbitrary rules that allow the diocese to get rid of teachers with seniority. He’s organized rallies and pickets, initiated letter-writing campaigns and spearheaded efforts to keep the issue alive.
His vigilance is expected to climax Saturday when the union sponsors the “Rally for Rights” demonstration on Wilkes-Barre’s Public Square to support a bill that would put Catholic lay teachers under current labor laws.

As it stands now, Catholic lay teachers do not have the same legal rights as other workers when unionizing. State Rep. Eddie Day Pashinski – a Wilkes-Barre Democrat who was involved with the union while teaching at Nanticoke Area – is drafting legislation to undo the exclusion enacted in the 1930s.

Don’t be surprised if the labor supporters’ displeasure reaches a crescendo; the diocese’s tactics – designed to whipsaw union activists to abandon their cause – could easily have the opposite effect.

We understand the diocese – like most of us – is facing unsettling times. There’s little doubt layoffs are necessary to keep its school system solvent, especially with shrinking enrollment and other financial pressures.

But there’s plenty of doubt that the new seniority rules were written with fairness to employees in mind.

And there’s no doubt that Catholic teachers need the same protection afforded other workers.
The Milz case is a sterling example that Pashinski can use to undo an exclusion that’s outlived its usefulness.

Thursday, June 5, 2008

Bill would amend labor laws to include lay teachers in Catholic schools

Click on link for accompanying video from WBRE news

Representative Eddie Day Pashinski has introduced a bill in the Pennsylvania General Assembly which would amend the Pennsylvania Labor Relations Act to specifically include coverage under the act for lay teachers in Catholic schools.

The right to freely-formed labor unions is a right that stems from the Bill of Rights itself. Among the freedoms found in the First Amendment of the Bill of Rights is “freedom of assembly” (meaning freedom of association). It is this concept that led to the passage of federal and state labor laws guaranteeing workers the right to form unions under the government’s protection. However, Catholic school lay teachers are currently being denied this right that belongs to nearly all other Americans.

The right to form unions is guaranteed either by national law under the National Labor Relations Act, or PA 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 currently provide no provision for their 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 have been very critical of the reasoning behind those two rulings, asking how either of those laws could mention Catholic school lay teachers when, in the 1930’s, that job category did not exist. In the 30’s, the only teachers in Catholic schools were nuns, priests and religious brothers.

Now however, thanks to the efforts of our local legislators and the overwhelming support our teachers have received from citizens across northeastern and central Pennsylvania, we hope that loophole will be closed.

We ask that all citizens in our area write or call their representatives in the General Assembly and ask them to support passage of this legislation. It will do nothing more than level the playing field for Catholic school lay teachers. It will give them the same rights (no more and no less) than those possessed by all American workers.

On Saturday, June 14, 2008, at 1:00 PM, a rally in support of the bill will be held on Wilkes-Barre Public Square. The rally is being sponsored by the Pennsylvania AFL-CIO and is expected to draw thousands from across the state including national, state and local elected officials. We invite everyone in northeastern and central Pennsylvania to attend the rally to show support for our cause.
media_player.htm

Wednesday, June 4, 2008

Pashinski answers call to help Catholic teachers

The following letter to the editor appeared in the Wilkes-Barre Citizens' Voice, June 4, 2008.

Pashinski answers call to help Catholic teachers

Editor:

I would like to thank and commend Pennsylvania House of Representatives member Eddie Day Pashinski for his support of Catholic School teachers not only in his district but throughout the state of Pennsylvania.

By coming forth to sponsor a bill that is clearly needed to protect the dignity of fellow Pennsylvanians, he has demonstrated a sincere desire to help those in need.

When the rights of American citizens are threatened and justice is denied, Representative Pashinski answered the call.

Every member in Pennsylvania’s House and Senate is urged to step forward to co-sponsor Representative Pashinski’s bill that would provide labor rights for Catholic school teachers in Pennsylvania.

The call has been sounded — who will answer the call?

John Vesek, Chairman
Social Studies Department
Holy Redeemer High School
Executive Board Member
Scranton Diocese Association of Catholic Teachers