State Rep. Pashinski proposes law to include Catholic teacher unions

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

State Rep. Pashinski proposes law to include Catholic teacher unions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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