Tuesday, August 19, 2008

Many have offerings for, against Catholic teachers

The following article appeared in the Wilkes-Barre Times Leader, August 19, 2008:

Many have offerings for, against Catholic teachers

Hearing opens for bill that would strengthen teachers’ labor rights.

HARRISBURG -- The legislator and the evangelicals fired dueling Bible verses. Canon law clashed with civil law. Olive branches were tentatively tossed, but it was hard to tell if there were really any takers.

And state AFL-CIO President Bill George lit up a talk-weary room with his patented zeal but poured that passion into mostly empty seats.

The state House of Representatives Labor Relations Committee held a hearing Monday on House Bill 2626 – which would give Catholic school teachers legal protection they currently lack – with an agenda of speakers longer than the time allotted: 18 people were expected to give about 200 pages of printed testimony in about 10 minutes per person.

Slated to last from 1 p.m. to 4 p.m., the hearing fell off schedule quickly.

The bill would amend the Pennsylvania Labor Relations Act to expressly cover Catholic – and other private school -- teachers, allowing them to appeal to the state Labor Relations Board when denied a chance to unionize. State Rep Eddie Day Pashinski, D-Wilkes-Barre, introduced the bill in response to the battle to unionize Diocese of Scranton teachers.

Pashinski led off the testimony by touting the bill as an effort to help “an entire class of workers falling through legal loopholes.” The State Supreme Court has ruled that Catholic teachers aren’t covered by the law.

Committee member Daryl Metcalfe, R-Butler County, questioned the potential for strikes at private schools, noting many people look to them “for a strike-free education.” Pashinski said the amendment doesn’t interfere with the negotiations, it only gives teachers the choice to unionize or not.

National Association of Catholic Teachers President Rita Schwartz and local union president Michael Milz – the man who has spearheaded the union drive since the diocese denied unionization in January – repeated their contention that non-unionized teachers have no legal recourse when treated unfairly. Milz claims he was “fired” from the diocese of Scranton because of his union activity, a charge the diocese has rigorously denied.

Robert O’Hara, executive director of the Pennsylvania Catholic Conference – a public affairs arm of the group representing dioceses throughout the state – said there is no way to separate the religious ministry of teachers from the secular matters covered by the bill. Attorney Phillip Murren warned that, as a result, the state would inevitably get tangled in religion issues.
Four representatives of Evangelic organizations noted their faith requires any disputes be resolved among their congregations. Jonathan Lucas cited New Testament passages from Corinthians, and Timothy.

Committee member Frank Andrews Shimkus, D-Scranton, noted he is an ordained minister, and fired back with his own citations from Timothy and Romans that he claimed bolstered the union argument for government intervention, but Lucas countered with a quote from Acts.

Former Kingston resident and counsel for the U.S. Conference of Catholic Bishops Mark Chopko gave a multipronged argument that the bill would violate the U.S. Constitution. Attorney Bruce Endy countered with legal citations of his own that he claimed proved the bill would pass Constitutional muster.

The Very Rev. William King argued the bill would clash with Church Canon Law, noting that civil courts have deferred to church tribunals on religious matters.

Joseph Fahey from Catholic Scholars for Worker Justice argued the diocese was violating the Catholic Church’s long-standing teachings supporting unions, but University of Scranton theology professor James Benestad made an equally detailed argument denying that claim.

Diocese of Scranton Catholic Schools Secretary Joseph Casciano and Human Resources Director James Burke said the diocese has gone to great lengths to be fair to school workers through the new Employee Relations Plan. Burke urged the legislators to talk to employees, and though Pashinski said he would like that, no firm responses were made. Pashinski also offered to sit with diocese and union officials to work out an agreement, but that offer generated no firm response.

By the time George spoke, the clock neared 6 p.m. and the crowd had thinned to a handful. George launched into passionate defense of organized labor, dismissed all the sophisticated arguments and said it boils down to one question on unionization.

“Do we have the right or don’t we have the right?”

After adjournment, Pashinski said the length of the hearing would not deter him, and that he wants to schedule a second hearing as soon as possible.

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