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Down a coal mine in search of high ground?

Tuesday September 23, 2008 | 12:52 PM

Posted by Mark Guydish mguydish@timesleader.com

The public hearing on House Bill 2626 held last Thursday had a lot more spark than the one in Harrisburg Aug 18 ( hmmm ... two hearings on the 18th of two months ...does the Labor Relations Committee have a thing for the number?). But that was surely because supporters of the bill, which would potentially make it easier for teachers in Catholic schools to unionize, had a clear home field advantage. The latest hearing was held at Wilkes University, and right around 3 o'clock the room started filling with those who favored the bill - teachers, their families and parents.

Some favorite lines that I didn't' get into the newspaper story:

"All Catholic teachers in Pennsylvania are one bishop away from what happened in the Diocese of Scranton." Rita Schwartz, head of both the Philadelphia and national associations that represent Catholic teacher unions. She was, of course, referring to Bishop Joseph Martino's decision to reject unionization after schools were restructured, which in turn led to the lengthy campaign to reverse that decision, which led to Rep. Eddie Day Pashinski's decision to introduce House Bill 2626.

"The record is, essentially, Lions 8, Christians 0." Schwartz giving her slant on how teacher grievances actually shake out in Catholic schools, because they are filed with boards and groups heavily composed of Church officials or lay people appointed by Church officials. The bill would put such grievances in the purview of the Pennsylvania Labor Relations Board.

"We're not coal barons." Robert O'Hara, executive director of the Pennsylvania Catholic Conference, the public relations arm of bishops statewide. O'Hara was alluding to frequent (accurate) claims by union supporters that the Catholic Church has long been an advocate of worker rights, including unionization. The Church has countered that the right is not absolute, and that treatment of employees today has no comparison to treatment of many employees, including coal miners, decades ago that prompted unionization then.

"Are you the Christians or the Lions?" Pashinski (I think, I can't find a credit in my notes) joking with O'Hara. I was amused, but it It didn't seem to go over too well.

"It appears to me you are cherry picking what state laws you will adhere to." Rep. Frank Andrews Shimkus, to O'Hara and two other representatives of the Pennsylvania Catholic Conference who testified. Shimkus noted that Catholic schools accept regulations requiring public school districts to provide bus transportation to private school students, and other aid given to private schools like school nursing, subsidized lunches, and special education services. O'Hara and his companions countered that those services were to students, not schools.

"Is there a Vatican union? ... "There is a Vatican union." Pashinski making one of his stronger points during a somewhat testy debate with O'Hara and his fellow testifiers, who countered that the Church is not monolithic and circumstances vary. They also argued that "Italy is heavily unionize." My opinion? They lost on this point, due to lack of preparation.

'My pastor would probably say, 'stay out of this.' But I work for the people of Pennsylvania." Rep. Thomas Blackwell, delivering one of many lines that won applause. He said multiple times that he felt the government should, in general, stay out of religious issues, but added that this case seemed to call for state action.

"The leader of our diocese has to come out of that ivory tower and say 'How are we going to deal with this?' " Rep. Ken Smith, Dunmore, delivering another applause-evoking line that reflected what has been by far the biggest complaint by many in this issue, that Bishop Joseph Martino has seemed aloof and remote in the whole debate.

"My wife and my family can't sit back and wonder if I'll have certain rights, certain guarantees, or even a career." Teacher and union activist William Smedley, after stressing he initially rejected the idea of unionizing Catholic teachers as inconceivable.

"I understand the new retirement policy is you retire at 80 and they make you a priest." Smedley again, who said he expects to "be buried" at Holy Redeemer High School, where he insists he loves working.

"When there is a mine disaster you get mine safety legislation. We have had a disaster here." Attorney Martin Milz, son of local union president Michael Milz, testifying of the success of similar legislation in other states.

"I'm a newly appointed superintendent, so please have mercy on me." Mary Rochford, Archdiocese of Philadelphia Superintendent of Catholic Schools, who gave (as far as I'm concerned) effective counter-arguments against issues raised by Schwartz.

"If someone doesn't come to us, we can't know what we don't know." Rochford, responding to claims that some teachers in the archdiocese are fearful of speaking out for unionization or regarding other employment issues.

"I will be brief so you can go out and say you heard from one attorney who spoke less than two minutes." Attorney James Katz, who went on to offer some strong testimony in support of the Constitutionality of HB2626, and success of similar laws elsewhere. Katz, alas, did not fulfill his promise, speaking for something closer to 10 minutes.

My bottom line take?

If -- as I argued in an Aug. 20 blog -- the diocese had finally gained some claim to a higher moral ground during the first hearing (thanks to non-diocesan speakers who made effective arguments the diocese itself has failed to put forth) that high ground may well have been lost last week, as the union put together a more thorough and, from my seat, effective presentation of teachers, union supporters and attorneys who repeatedly countered most arguments by the opposition with strong points that were never adequately rebutted.

Having the home court advantage may have helped, but having done their homework helped more.

Stay tuned, the fight isn't over yet.

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About this Blog

My column is neither beat or subject specific, and has ranged from whimsical to hard news. Since I'm primarily an education reporter and a native of the Hazleton area, those often draw my focus.

About the Author

A West Hazleton native, I worked as a service technician repairing electronic mailing and shipping systems, a bike shop owner and an Emergency Medical Technician (among other jobs) before landing a reporter job at the Times Leader Hazleton Bureau in 1995. I started by covering primarily politics in Hazleton City and outlying municipalities, eventually became "social issues" team leader in the Wilkes-Barre office with the accent on education, and headed the Hazleton Bureau for a spell before returning to full-time reporting, my preferred position. I'm an avid cyclist and rode across the country in 1990, a trip of more than 5,000 miles from New Jersey to Seattle and down the coast to San Francisco. Years in the Boy Scouts made me a life long backpacker and camper, and I've yet to find a better way to enjoy the quiet lure of winter snow than cross country skiing.

Mark also writes a regular blog for timesleader.com.