Teachers union president sues bishop, diocese

The following articles appeared in the Scranton Times Tribune and Wilkes-Barre Citizens Voice on March 19, 2009:

Teachers union president sues bishop, diocese

Milz sues Bishop Martino and Holy Redeemer for wrongful termination

WILKES-BARRE — Michael Milz, president of the Scranton Diocese Association of Catholic Teachers, is suing Bishop Joseph F. Martino, the Diocese of Scranton and his former school, Holy Redeemer, for wrongful termination under layoffs in June 2008.

The suit was filed Wednesday afternoon, and diocesan spokesman Bill Genello said the diocese had no comment.

Mr. Milz was one of five teachers laid off from Holy Redeemer by the diocese, and he believes he was targeted because of his union affiliation. He filed a complaint with the Pennsylvania Labor Relations Board, which decided not to take action because lay employees in religiously affiliated schools are not covered by the Labor Relations Act.

The teachers union has been fighting for recognition from the diocese, which Bishop Martino has repeatedly refused to grant. Mr. Milz, as president of the association, has helped lead the fight to pass a bill that would amend the Labor Relations Act to include those lay people currently left out.

Suing the bishop, diocese and school was the next step after being denied by the Pennsylvania Labor Relations Board and “a last resort,” Mr. Milz said.

“I believe that the facts we will present in the suit will substantiate that my lifelong career as a teacher was taken from me for illegal reasons that violate the clearly stated policy of the Commonwealth of Pennsylvania to protect its citizens’ rights to freely assemble and to organize for the purpose of collective bargaining,” Mr. Milz said.

According to the complaint, Mr. Milz contends that Joseph Casciano, diocesan secretary for Catholic education and superintendent of schools; Susan Dennan, system director of Holy Redeemer Regional School System and James Reddington, principal of Holy Redeemer High School, conspired as early as May 2008 to get rid of him because of his union activities.

“I was denied rights by the Diocese of Scranton that are ingrained in our state’s philosophy of government, and vindictively punished for seeking to exercise those rights,” he said.

In the complaint, Mr. Milz is asking to be reinstated and for damages, punitive damages, attorneys’ fees and costs of the suit. He estimated that he has lost $57,806, plus benefits, since being laid off.

SDACT President sues Bishop Martino and others for wrongful discharge

Attorneys for SDACT President, Mike Milz, filed a wrongful discharge suit today in the Luzerne County Court of Common Pleas against Bishop Joseph Martino, the Roman Catholic Diocese of Scranton, Holy Redeemer School System and other named parties. The suit alleges that in June of 2008, Milz was fired from his position as a teacher at Holy Redeemer High School because of his union activity. Milz had been a teacher at Holy Redeemer and the former Bishop Hoban High School for 33 years. The Diocese claimed Milz was let go because of a lack of seniority.

Milz released the following statement concerning the lawsuit:

"I believe that the facts we will present in the suit will substantiate that my life-long career as a teacher was taken from me for illegal reasons that violate the clearly stated policy of the Commonwealth of Pennsylvania to protect its citizens’ rights to freely assemble and to organize for the purpose of collective bargaining. I was denied rights by the Diocese of Scranton that are ingrained in our state’s philosophy of government, and vindictively punished for seeking to exercise those rights.

Immediately after being fired by the Diocese, I filed a complaint alleging this violation of my rights with the Pennsylvania Labor Relations Board (PLRB). The PLRB refused to take jurisdiction, saying that I and all employees of religiously-affiliated schools do not fall under its purview. This loop-hole in the current legislation will soon be closed by the passage of Pennsylvania House Bill 26.

Nonetheless, the fact remains that real harm was done to me and my family by the Diocese of Scranton. In such circumstances, the laws of Pennsylvania guarantee all of its citizens a right to a remedy by due course of law. Denied other venues, this lawsuit is to provide me with that remedy."

SDACT Marches in Scranton St. Patrick's Day Parade

On Saturday, March 14, SDACT members and supporters marched in Scranton's St. Patrick's Day Parade. A big “thank you” goes out to those dedicated folks who gave up an entire Saturday to participate in the SDACT contingent. State Representative Eddie Day Pashinski, the prime sponsor of HB 26, joined us along the route of march.

More than 125, 000 people viewed the parade in person and thousands more saw it on TV. The parade was a great opportunity to get out our message and encourage support of HB 26. Supporters in the huge crowd cheered for us and our cause along the parade route. Again, thanks to all who participated.

Bishop Martino should resign and not ruin Catholic education

The following letter to the editor of the Wilkes-Barre Citizens' Voice appeared on March 11, 2009:

Bishop Martino should resign and not ruin Catholic education

Editor:

It’s time Bishop Martino resigned. We’ve stood by as his mismanagement enabled the dismantling of Catholic community schooling. We’ve been held to the sidelines as his secretive planning continues to crush the heart of parish communities.

He has been a shrill voice, a poor listener and a bad communicator. His actions signal contempt for the “flock” around him when it dares to unhappily bleat. He has railed – embarrassingly enough for our region – about people we’ve elected to Congress. He suspended a priest-writer for another paper because he didn’t like what the columnist reported. And now Misericordia finds itself in his cross- hairs.

His column in last Wednesday’s Citizens’ Voice is nonsense. In his view we the “flock” are to act as unthinking sheep, incapable and unworthy of making our own judgments about what people in the world around us have to say. If Catholic teaching from the time we first attended Mass is so well-articulated and incontrovertible, what does the Bishop have to fear of words spoken to us 18 or 20 or more years later in a university setting? He doesn’t understand, and I believe never will, that he can “promulgate” Catholic teaching and listen, too.

What he fears is that you might listen and that you might think and judge in ways he doesn’t care for. In the Diocese of Scranton it’s his way or the highway. So much for loving your neighbor. For my money, which this bishop will never get, it’s time he hit the road – before he undermines university education here, too.

J. M. Castagna
Drums

Widening the gap

The following letter to the editor of the Scranton Times Tribune appeared on March 9, 2009:

Widening the gap

Editor:

Two recent “Your Opinion” letters concerning Bishop Martino evidenced good thought and honest sentiment:

In a Feb. 27 letter, “Personal Agenda,” Lisa Lopatofsky expressed her frustration with the bishop’s political rhetoric and his lack of support through inclusion and compassion resulting in alienation.The March 3 letter by Scott McKenna, M.D., stated that “Christ would not want us to close our eyes to diversity or spurn those whose beliefs were not the same.

”Time, easier access and more exposure to the varied forms of media have contributed to the current unrest within Catholicism as a whole. Fortunately, we are all being challenged to review the tenets of our faith, the depth of our beliefs and the strengths and weaknesses of those who are supposed to guide us.

Our current bishop has done an excellent job of widening the cracks in the local Catholic community.

His directives, tirades and rhetoric have wounded and alienated many. He replaces compassion and truth with tirades and judgments. He surpasses the skills of some politicians when it comes to “spinning a yarn.” Unfortunately he also pits parishioner against parishioner as with his warning to eucharistic ministers.

In essence, he underestimates the intelligence and depth of faith that lives in the minds and hearts of so many.

We can all pray for his transfer and hopefully, a quick end to his campaign for the level of cardinal.

MARY LLEWELLYN
MONTROSE

Martino: St. Pat's Mass to be held

The following article appeared in the Wilkes-Barre Times Leader, March 7, 2009:

Martino: St. Pat’s Mass to be held

SCRANTON – Bishop Joseph Martino issued a statement Friday saying a Mass will be celebrated at St. Peter’s Cathedral prior to the St. Patrick’s Day parade on March 14 and added the decision to hold the liturgy “was clouded” by “the possibility of disruptive behavior in the parade” by supporters of the effort to unionize Catholic school teachers.

Martino’s statement said “it was learned last week” that the Scranton Diocese Association of Catholic Teachers planned to march in the parade and “use the sound system on the AFL-CIO campaign bus ‘to drum up support for HB 26,” a bill in the state House that would amend the Pennsylvania Labor Relations Act to explicitly cover Catholic teachers. It would give teachers the right to take their case to the Labor Relations Board.

“I cannot understand how such behavior has any place in a parade that is organized to honor St. Patrick and to celebrate Irish heritage,” Martino is quoted as saying. The diocese notes the association marched in last year’s Wilkes-Barre parade.

The diocese decided to hold the Mass after parade organizers “received verbal assurance from the AFL-CIO” that SDACT will not advocate for the bill or protest Martino.

SDACT released its own retort, saying “the apparent paranoia in the bishop’s statement is more than a little disconcerting and certainly unfounded.” The association plans to march, but would be part of a “much larger contingent of union brothers and sisters” showing labor solidarity on several issues.

The association noted that “the history of the Irish in our area is intertwined with the region’s labor history,” and “there is not a St. Patrick’s’ Day parade in the entire U.S.” that lacks a banner with the words of activist James Connelly saying, “the cause of labour is the cause of Ireland and the cause of Ireland is the cause of labour.”

SDACT also repeated its contention that support of labor rights has been a basic tenet of Catholic teaching for more than a century, and noted that the participation in last year’s parade proves the group would not be disruptive.

“SDACT had the largest contingent in the parade consisting of parents, teachers, alumni and students, whose participation was orderly and enthusiastic.”

The history of the Irish is intertwined with the history of labor

Generally this blog does not print the occasional screeds that eminate from our friend the Bishop. However, the following is the exception to that rule. SDACT's response immediately follows:

Bishop Joseph F. Martino announced that the Mass preceding the St. Patrick’s Day Parade in Scranton on March 14 will be celebrated at St. Peter’s Cathedral at 10 a.m. as scheduled.

The decision to allow the annual liturgy was clouded this year when it was learned about the possibility of disruptive behavior in the parade by members of the Scranton Diocese Association of Catholic Teachers (SDACT), a group that has been publicly protesting the Bishop for the past year because of his decision that this association will not be recognized as a bargaining agent for teachers in Diocesan Catholic schools.

It was learned last week that SDACT planned to march in the parade and use the occasion to advocate for HB 26, proposed state legislation that would put a government agency in charge of settling labor disputes involving private, religious entities. Such a bill, in effect, would also force private and church-related institutions to recognize unions.

The Pennsylvania Catholic Conference, the public affairs arm of the Catholic bishops and Catholic dioceses in the state, is opposing this bill because it would negate the long-standing principles of religious freedom enjoyed by all citizens of the Commonwealth. The Diocese of Scranton has said the bill would eventually result in the demise of its Catholic schools.

SDACT announced that the union would use the sound system on the AFL-CIO campaign bus “to drum up support for HB 26 along the parade route.” On learning of this tactic, Bishop Martino said, “I cannot understand how such behavior has any place in a parade that is organized to honor St. Patrick and to celebrate Irish heritage. I do not believe that the parade should be used as a forum to promote divisive narrow interests.”

Parade organizers have said they have received verbal assurances from the AFL-CIO, the labor organization coordinating the contingent that will include SDACT, that SDACT will not in fact advocate for HB 26 or protest Bishop Martino in the parade.

However, SDACT’s statements and actions for the past year cast doubt over whether this group will adhere to the parade committee’s desire for a respectful, non-political event. Last year, SDACT marched in the Wilkes-Barre St. Patrick’s Day Parade to further the union’s agenda.

Accordingly, Bishop Martino said the Mass, a sacrifice designed to foster unity, will this year unfortunately be accompanied by anxiety over what may occur a short time later if SDACT refuses to respect the directives of the parade committee and the integrity of the event.
It is unfortunate, he noted, that parade representatives would have to monitor the SDACT group along the parade route to ensure that proper decorum is observed.

The Bishop cited an occasion a number of years ago when a group of marchers representing Planned Parenthood had to be removed from the parade because they were handing out condoms, despite being advised in advance that this would not be allowed.

SDACT RESPONSE

The apparent paranoia in the Bishop’s statement is more than a little disconcerting and certainly unfounded. Although we are going to march in the parade, our members will be among a much larger contingent of union brothers and sisters marching to show labor solidarity on a number of issues that affect working men and women in northeastern Pennsylvania.

The Bishop must be reminded that the history of the Irish in our area is intertwined with the region’s labor history and the history of Ireland itself. The great martyr to Irish freedom, James Connolly, said: “The cause of labour is the cause of Ireland and the cause of Ireland is the cause of labour.’’ There is not a St. Patrick’s Day Parade in the entire US where one will not find a banner emblazoned with Connelly’s words and Scranton won’t be the exception.

The Bishop has been very vocal of late that the participants in the Parade should espouse Catholic teaching and ideals. SDACT’s participation in this Parade, and indeed its very existence, is to espouse the Catholic principles of respect for labor championed by our current Pope and those who came before him.

House Bill 26 will not interfere with practices of any religion, and will provide benefits of universal application. The word “catholic,” after all, does mean universal.

Finally, our participation in last year’s Wilkes-Barre parade speaks for itself. SDACT had the largest contingent in the parade consisting of parents, teachers, alumni and students, whose participation was orderly and enthusiastic, and drew cheers up and down the parade route.

Bishop should alter stance on House Bill 26

The following letter to the editor of the Wilkes-Barre Times Leader appeared on March 3, 2009:

Bishop should alter stance on House Bill 26

As a graduate of Bishop O’Reilly High School, I am appalled by Bishop Joseph Martino’s stance on the unionization of Catholic teachers and believe it imperative to support state House Bill 26. House Bill 26 would include Catholic and other religiously affiliated schools in Pennsylvania’s labor laws.

While attending Catholic schools I learned the importance of social justice, the idea that everyone in society should not only have equal rights and the right to earn a living wage, but also to form labor unions. I also was made aware of the Catholic Church’s tradition of supporting unions in Northeastern Pennsylvania, most famously the support for coal miners in the early 1900s.

But Bishop Martino doesn’t have to look far into the past to see the Catholic Church’s support for organized labor. “Laborem Exercens,” written by Pope John Paul II in 1981, states, “All these rights, together with the need for the workers themselves to secure them, give rise to yet another right: the right of association, that is to form associations for the purpose of defending the vital interests of those employed in the various professions.”

I also would urge Bishop Martino to change his stance on House Bill 26 and recognize the Scranton Diocese Association of Catholic Teachers. Bishop Martino’s current union-busting tactics are not new. And although working conditions are not comparable to those in coal mines, steel mills and factories in the early 20th century, the tactics are no better than those used in the past.

Bishop Martino must realize that Catholic schools are the backbone of the Scranton Diocese, bringing up future Catholics in a religious environment. Closing the schools will lead only to more financial and church attendance woes.

TOM SHUBILLA
PLAINS TOWNSHIP

Grief and Anxiety in Appalachia

The following article appeard in the Canadian publication, Tomorrow's Trust, on February 27, 2009:

Grief and Anxiety in Appalachia

For over a year now the Catholic teachers of the Scranton diocese have had to suffer the scorn of their Bishop, Joseph F. Martino.

This month however, Bishop Martino seems hell bent on alienating just about every group of Catholics who still call their local Catholic parish their spiritual place of worship.

He began the month with a group of Scranton area Catholics forming a Council of Parishes to fight the closing and consolidation of parishes now proposed by the bishop. Evidently there has been little consultation and the logic behind those churches chosen for closure or left open defies analysis by many parishioners.

Then on February 6th Martino accused the popular Sen. Bob Casey Jr. of “cooperating with … evil” by refusing to back legislation to block U.S. tax dollars from flowing to foreign family planning groups that refuse to renounce abortion. In a Jan. 30 letter to the senator, the bishop also calls on Casey to live up to his Catholic faith and “oppose abortion and other clear evils, including contraception.”

On February 9th Bill Genello, Communications Director for the Diocese of Scranton issued a statement that claimed that Zenon Cardinal Grocholewski, who heads the Office for Catholic Education said that “that fair labor policy and wages can be guaranteed by means other than those proposed by Mr. Milz (the Catholic teachers’ union president) and that Bishop Martino violated no Church law in refusing SDACT’s request for an election to determine union representation.”

As if this wasn’t provocative enough Martino then had the Diocese of Scranton Superintendent of Schools, Joseph Casciano, send a letter to each of the school principals asking that each school have parents contact their respective legislator and ask him/her to refrain from supporting House Bill 26, because it “Could close our schools.” The bill would amend the Pennsylvania Labor Relations Act to cover Catholic teachers, thus allowing the Labor Relations Board to force the diocese to let teachers vote on unionization by secret ballot. Worse however, was another request that principals gather a list from each school with the names of the individuals who will be contacting their representatives and please forward them to the office ASAP.” At this point the principals refused to cooperate because it was so potentially divisive.

The next week began with Martino attacking the local Catholic Misericordia University, founded by the Religious Sisters of Mercy in 1942, and not directly under Diocesan control, for inviting a black gay supporter of same-sex marriage, Keith Boykin, to speak on the election of a black president, to the University’s long standing “Diversity Institute.” The next day Boykin did speak on campus, with administration’s support.

This was followed on February 19th with the Bishop issuing a warning to the three organizing committees for the traditional St. Patrick Day parade and festivities that he would close St. Peter’s Cathedral in Scranton during St. Patrick’s Day celebrations if the groups feature any elected officials who support abortion rights at their annual events. None of them even claimed they were considering such officials. One organizing group wasn’t even Catholic. The person who delivered and signed the letter was Auxiliary Bishop John M. Dougherty. Martino was seen as simply avoiding the glare and wrath of the public and organizers so he sent his underling. As might be expected the warning was not well received; “provoke fierce debate” is how one headline put it.

But things were not about to quiet down. This past weekend, there was a mass said at Sacred Heart Church, one, that local parishioners are fighting to save. They had planned a protest in the form of prayer on the Church steps for Wednesday night. When they arrived they found the Church locked and yellow tape barring the steps, with a notice tacked to the door which said the church was structurally unsafe even though it had about 400 people in it just 3 days before.
And Martino hasn’t given up on Misericordia University yet, as Monday he issued a virtue demand that the Diversity Institute be shut down. Naturally, the reaction of the students was both shock and defiance. In the meantime NACCP and Proctor and Gamble, a major supporter of the Institute, have come forward in its support. The president of the university is attempting to organize a meeting with Martino.

“The joys and the hopes, the griefs and the anxieties of the men of this age, especially those who are poor or in any way afflicted, these too are the joys and hopes, the griefs and anxieties of the followers of Christ.” This is the opening sentence of Gaudium et spes, the Second Vatican Council’s epochal Pastoral Constitution on the Church in the Modern World.

There is little evidence that Bishop Martino has ever read it, or if he has, cares for what it says. There is little evidence that Martino is the least bit interested in listening to those Catholics who sit in the pews. Martino seems to feel none of the grief of parishioners faced with the closure of their Churches or their schools. He doesn’t appear to care about what anxieties he puts on teachers, principals or parents in his campaign to defeat Bill 26. He doesn’t seem to understand or care about what the griefs and anxieties of those who are faced daily with discrimination based on race, color, gender, ethnicity or sexual orientation is like. Better you dispose of help in this area to keep Catholicism pure in sex.

Commonweal’s editorial for the February 27th issue is titled “Griefs and Anxieties”, which is from where I borrowed the title for this piece. It is about Benedict lifting the excommunication of the four Lefebvrite bishops. The closing sentence seems to apply to Bishop Martino also:

“For better or worse, Catholics remain ‘intimately linked with mankind and its history,’ and bishops…urgently need to be seen sharing the griefs and anxieties of men and women of this age, not just being concerned for the good opinion of their peers.”

It is a message Bishop Martino needs to take to heart.

Make fair deal

The following letter to the editor of the Scranton Times Tribune appeared March 1, 2009:
Make fair deal

Editor:

In an Feb. 18 letter, Charlie Barlow of Jermyn suggested how the Diocese of Scranton could provide parents with information on how to support their efforts to oppose the unionization of Catholic school teachers.The most important way to alleviate the fears that the parents have is to recognize the SDACT, negotiate a contract that is fair to the diocese fair to the teachers, fair to the parents and fair to the students.It can be done.

JOHN JEROME
DICKSON CITY