Bill would amend labor laws to include lay teachers in Catholic schools
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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.
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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
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2:54 AM
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