Friday, September 24, 2010

Former teachers file lawsuit against Diocese of Scranton

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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