Two sides debate bill to help Catholic teachers unionize

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

Wilkes University Thursday.

“If you don’t mind, Mr. Chairman,” Blackwell said to Rep. Frank Andrew Shimkus, D-Scranton., “I’ll be brief, however long it takes.” Blackwell had already spent a good bit of time questioning representatives from the Pennsylvania Catholic Conference. - the public relations arm of a group representing diocese throughout the state – regarding testimony on House Bill 2626, which would amend the Pennsylvania Labor Relations Act to cover Catholic school teachers.

A Baptist minister and former union activist, Blackwell recounted his times bargaining for contracts. “I told my attorney I’m going to negotiate my contract, you just keep me legal,” he said. “I represent my members, you represent keeping me out of jail.”

Much of the testimony centered on the fear among church leaders that, if the bill becomes law, more private school teachers will unionize and, thanks to their new right to file grievances and complaints with the state Labor Relations Board, contract talks could become contentious.

Responding to arguments that the state should not step into a matter better left for Catholics to resolve themselves, Blackwell, who is black, said “There was a time when this country had people who were not allowed to vote. The state had to step in.

“I believe there is a middle ground, here,” he said. “There are going to be some good situations and some bad situations. I’m looking for a fair situation.”

But he drew his biggest audience response when Pennsylvania Catholic Conference Executive Director Robert O’Hara noted that decisions regarding the Catholic schools had to ultimately be made by the bishop. “That’s my main problem,” Blackwell said, evoking applause. “I don’t believe one man or woman should be able to say we’re not going to have this or we’re going to have that, without some kind of dialogue.”

Pashinski, D-Wilkes-Barre, introduced the bill in June in response to the ongoing effort to unionize local Catholic schools. The Scranton Diocese Association of Catholic Teachers had bargained in some schools before the diocese restructured the system last year. The diocese has since refused requests by the Association to represent teachers under the new system, creating an “Employee Relations Program” instead.

This was the second public hearing on the bill, and much like the first one in Harrisburg Aug. 18, the committee had set aside three hours but was swamped with 23 people hoping to testify and nearly 100 pages of written testimony. Convened shortly after 1 p.m., the hearing stretched to 5:25 p.m.

Wilkes University Business Professor Anthony Liuzzo began with an opinion-free recounting of labor laws, and how courts have ruled that Catholic school teachers are not covered by them, which is why the bill was introduced.

The pro-bill side brought representatives from five Pennsylvania dioceses, each testifying as to the impact of unions in their schools – stressing they had never interfered with religious issues, a major concern voiced by opponents. Federation of Pittsburgh Diocesan Teachers Vice President George Rudolph recounted how Bernadette Lito taught for 42 years and retired with pension of less than $100 a month “and a three-day, all-expense paid trip to Williamsburg, Va.

“The ‘Lito factor’ was one of the early rallying cries” when the union was voted on that year.

Lawyers from each side swapped claims and counterclaims regarding the success and challenges of similar laws in other states. Attorney Phillip Murren, council for the Pennsylvania Catholic Conference, said courts have rejected efforts to consider whether or not employment decisions were made using religion as a “pretext.” Pahinski’s bill expressly allows the Labor Relations Board to consider whether religion was used as a pretext.

But Attorney Martin Milz, the son of Scranton Diocese Association of Catholic Teachers President Michael Milz, said his research showed that religion had never been an issue in any case brought to the employee relations board in New York .

Michael Young, a parent of students at St. Nicholas/St. Mary’s School in Wilkes-Barre chastised the bill’s proponents. “I think it is reprehensible and beyond belief that the Catholic laity would not align themselves with the leaders of the Catholic Church,” he said.

As the clock neared three the crowd grew substantially, and it became quickly obvious they were teachers and parents, particularly when Attorney John Dean – the solicitor for Crestwood School District with two children attending St. Jude’s school in Mountain Top – told the committee he had years of experience negotiating teacher contract and warned that, if the bill is passed, Catholic teachers would be insisting every minor service – even going to Mass with the students – be a contract issue.

The crowd booed and one man shouted out “That’s a lie!”

Diocese of Scranton Superintendent of Schools Joseph Casciano gave a litany of teacher volunteer activities that the Diocese contends unionized teachers have balked, and grumbles rose from the crowd, with one man insisting “that’s not true.”

Several Officials from the Archdiocese of Philadelphia disputed claims made earlier by their Union President Rita Schwartz that non-unionized teachers work in fear of losing their jobs if they try to join the union. “This bill would not bring a better working environment because we have that already,” Superintendent of Schools Mary Rochford said.

In the end, the volume of testimony convinced Pashinski not to try to get the bill out of committee before the legislative session ends next week. He said he wants to have attorneys review it and see if changes can be made to address some of the concerns of opponents.


Related Document9-18-08 hearing testimony 1