Milz seeks broader support

The following article appeared in the Wilkes-Barre Times Leader, July 17, 2008:

Milz seeks broader support

Catholic teachers union chief pressing for protection through Labor Relations Act.

By Mark Guydishhttp://www.timesleader.com/news/mailto:mguydish@timesleader.comEducation Reporter

WILKES-BARRE – Catholic school teacher union President Michael Milz met with representatives from the teacher unions in five other Pennsylvania dioceses Wednesday to line up support for an amendment that would give Catholic teachers legal protection through the state Labor Relations Act.

The meeting comes on the heels of Milz’s decision to file a complaint with the Labor Relations Board, a complaint he concedes the board will almost certainly refuse to consider under current law. But Milz said the complaint is the first step to bring legal action against the Diocese of Scranton for laying him off from his job as social studies teacher at Holy Redeemer High School.

The diocese insists Milz was not laid off because of his union efforts, and that he and seven other teachers, including another social studies teacher, were laid off because of an enrollment decline. The diocese claims – and Milz has not disputed – that he and the other teacher had the least seniority under a system set up prior to the union dispute and with teacher input.

The school board that runs Holy Redeemer and other Luzerne County Catholic schools has recommended changes to that seniority system, attorney and Board President William T. Finnegan confirmed Wednesday. Finnegan said the decision to recommend changes came after the layoffs, but he stressed it was not made because of the situation with Milz or the union.

When the layoffs occurred, “a number of board members received feedback from parents and students indicating that factors other than seniority should be considered,” Finnegan said. “The board discussed it, and we think those things should be looked at.”

The diocese system considers seniority based on years of continuous service. Seniority doesn’t apply across regional systems or between elementary and high schools. It also requires a religious certification, and state certification “after three years of successful teaching.”

Finnegan said the board felt “there should be a more comprehensive look on how things are being done.” He noted the regional board does not set the policy, but “the board collectively has asked the diocese to take a look at it.”

Milz is president of the Scranton Diocese Association of Catholic School Teachers, a union that represented many teachers locally until last year’s restructuring created four regional school boards to replace numerous local boards the association had dealt with. In January, the diocese rejected requests to let teachers unionize and formed an “employee relations program” that officials insist will represent all school workers fairly. The union has waged a campaign to reverse that decision.

Last month the diocese sent notices to teachers, including Milz, with news that they were being laid off. In his complaint to the state, Milz contends the diocesan claim that he was laid off due to reduced staffing needs “was entirely pretextual” and that he was “terminated solely in retaliation” for his efforts to unionize teachers.

The state Supreme Court has ruled that Catholic Teachers do not fall under the Pennsylvania Labor Relations Act, which does apply to public school teachers, so the Catholic teachers could not petition the Labor Relations Board to force the diocese to hold a secret-ballot vote on unionization. That court ruling is also the reason the Labor Relations Board likely will refuse to consider the complaint Milz filed.

But Milz said he had to file the complaint – and expects to file a similar complaint with the National Labor Relations Board “to exhaust any legal possibilities” before pursuing a potential lawsuit against the diocese. The move could also bolster efforts in the state legislature to amend the Labor Relations Act so it expressly covers Catholic teachers. That amendment was introduced by Rep. Eddie Day Pashinski, D-Wilkes-Barre.

The diocese issued a statement saying it “believes it has acted properly in accordance with its established policies, and it will defend any charges of unfair labor practices.”