Milz claims retaliation from the Diocese of Scranton
The following article appeared in the Scranton Times Tribune, July 16, 2008:
Milz claims retaliation from the Diocese of Scranton
The head of the Scranton Diocese Association of Catholic Teachers has filed a charge of unfair labor practices against the Diocese of Scranton for what he alleges was a retaliatory dismissal in June.
Michael Milz, president of the teachers union, which the diocese does not recognize, filed the charge with the Pennsylvania Labor Relations Board on July 2. In the filing, he claims he was terminated “solely in retaliation for his vocal advocacy in support of his co-workers’ right to organize a union for mutual aid and protection.”Mr. Milz was one of eight teachers in the Holy Cross and Holy Redeemer school systems laid off June 9. At the time, the diocese said the layoffs were necessary because of reduced staffing needs and a 9.4 percent dip in student enrollment across the two systems for the 2008-09 school year.
In his charge, Mr. Milz contends the diocese’s justification is “entirely pretextual.”
“It seems rather transparent that one of the reasons he was laid off was because of his high visibility as the leader of the Scranton Diocese Association of Catholic Teachers,” his attorney, Bruce Endy, said.
“The Diocese believes it has acted properly in accordance with its established policies, and it will defend any charges of unfair labor practices,” diocesan officials said in a statement released Tuesday.
The statement said Mr. Milz “and another teacher in the social studies department at Holy Redeemer High School were among those laid off because they had the least seniority in that department.
“No one was fired. The layoffs were determined strictly according to the criteria used in previous years,” it continued. “There were no other factors involved.”
In January, the diocese announced it would not recognize SDACT as a collective bargaining unit and instead implemented an employee relations program. Mr. Milz, who was a social studies teacher at Holy Redeemer High School in Wilkes-Barre and a 34-year employee of the school system, has led the campaign against the decision.
Mr. Milz said the charge to the Labor Relations Board is part of a larger effort to force a reconsideration of the state Labor Relations Act so that it applies to employees of religiously affiliated schools.
He and Mr. Endy expect the state board will claim not to have jurisdiction to decide the matter. If the board refuses to hear the charge, Mr. Milz intends to appeal to Commonwealth Court and, eventually, the state Supreme Court.
“We need a vehicle to get to the Supreme Court to determine whether or not the Pennsylvania Labor Relations Act applies,” Mr. Endy said. “It’s no secret that we’re trying to move on as many fronts as we can, including the legislative front.”
A bill introduced in the state House of Representatives in June would amend the Pennsylvania Labor Relations Act to give lay teachers and employees of private, religiously affiliated schools the right to join collective bargaining units.
If the Supreme Court considers Mr. Milz’s dismissal, its decision will likely have broader consequences for the teachers union and all religiously affiliated schools in the state.
“It goes right to the heart of the fact that I don’t have any legal protection to prevent [the diocese] doing what they did to me,” Mr. Milz said. “Nor does any other employee of a religiously affiliated school of any denomination have any right unless we are covered under the law.”
Read Milz's complaint
Read the Diocese's Statement
Milz claims retaliation from the Diocese of Scranton
The head of the Scranton Diocese Association of Catholic Teachers has filed a charge of unfair labor practices against the Diocese of Scranton for what he alleges was a retaliatory dismissal in June.
Michael Milz, president of the teachers union, which the diocese does not recognize, filed the charge with the Pennsylvania Labor Relations Board on July 2. In the filing, he claims he was terminated “solely in retaliation for his vocal advocacy in support of his co-workers’ right to organize a union for mutual aid and protection.”Mr. Milz was one of eight teachers in the Holy Cross and Holy Redeemer school systems laid off June 9. At the time, the diocese said the layoffs were necessary because of reduced staffing needs and a 9.4 percent dip in student enrollment across the two systems for the 2008-09 school year.
In his charge, Mr. Milz contends the diocese’s justification is “entirely pretextual.”
“It seems rather transparent that one of the reasons he was laid off was because of his high visibility as the leader of the Scranton Diocese Association of Catholic Teachers,” his attorney, Bruce Endy, said.
“The Diocese believes it has acted properly in accordance with its established policies, and it will defend any charges of unfair labor practices,” diocesan officials said in a statement released Tuesday.
The statement said Mr. Milz “and another teacher in the social studies department at Holy Redeemer High School were among those laid off because they had the least seniority in that department.
“No one was fired. The layoffs were determined strictly according to the criteria used in previous years,” it continued. “There were no other factors involved.”
In January, the diocese announced it would not recognize SDACT as a collective bargaining unit and instead implemented an employee relations program. Mr. Milz, who was a social studies teacher at Holy Redeemer High School in Wilkes-Barre and a 34-year employee of the school system, has led the campaign against the decision.
Mr. Milz said the charge to the Labor Relations Board is part of a larger effort to force a reconsideration of the state Labor Relations Act so that it applies to employees of religiously affiliated schools.
He and Mr. Endy expect the state board will claim not to have jurisdiction to decide the matter. If the board refuses to hear the charge, Mr. Milz intends to appeal to Commonwealth Court and, eventually, the state Supreme Court.
“We need a vehicle to get to the Supreme Court to determine whether or not the Pennsylvania Labor Relations Act applies,” Mr. Endy said. “It’s no secret that we’re trying to move on as many fronts as we can, including the legislative front.”
A bill introduced in the state House of Representatives in June would amend the Pennsylvania Labor Relations Act to give lay teachers and employees of private, religiously affiliated schools the right to join collective bargaining units.
If the Supreme Court considers Mr. Milz’s dismissal, its decision will likely have broader consequences for the teachers union and all religiously affiliated schools in the state.
“It goes right to the heart of the fact that I don’t have any legal protection to prevent [the diocese] doing what they did to me,” Mr. Milz said. “Nor does any other employee of a religiously affiliated school of any denomination have any right unless we are covered under the law.”
Read Milz's complaint
Read the Diocese's Statement
posted by SDACT at
7:43 AM
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