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Commonwealth of Pennsylvania House of Representatives COMMONWEALTH OF PENNSYLVANIA HOUSE OF REPRESENTATIVES LABOR RELATIONS COMMITTEE HEARING STATE CAPITOL MAJORITY CAUCUS ROOM ROOM 140 HARRISBURG, PENNSYLVANIA MONDAY, AUGUST 18, 2008 1:00 P.M. PRESENTATION ON HOUSE BILL 2626 LAY EMPLOYEES OF RELIGIOUSLY-AFFILIATED SCHOOLS BEFORE: HONORABLE JAMES E. CASORIO, MAJORITY VICE CHAIRMAN HONORABLE GENE DiGIROLAMO, MINORITY CHAIRMAN HONORABLE SCOTT W. BOYD HONORABLE JIM COX HONORABLE EUGENE DePASQUALE HONORABLE WILL GABIG HONORABLE MARC J. GERGELY HONORABLE NEAL GOODMAN HONORABLE CARL W. MANTZ HONORABLE DARYL D. METCALFE HONORABLE JOHN P. SABATINA, JR. HONORABLE TIM SEIP HONORABLE FRANK ANDREWS SHIMKUS HONORABLE RONALD G. WATERS IN ATTENDANCE: HONORABLE EDDIE DAY PASHINSKI HONORABLE EDWARD G. STABACK * * * * * DEBRA B. MILLER REPORTING (717)439-3785 [email protected] 2 1 ALSO PRESENT: VICKI DiLEO 2 MAJORITY EXECUTIVE DIRECTOR MARYANN ECKHART 3 MAJORITY LEGISLATIVE ASSISTANT JOANNE MANGANELLO 4 MAJORITY RESEARCH ANALYST BRUCE HANSON 5 MINORITY EXECUTIVE DIRECTOR 6 7 DEBRA B. MILLER REPORTER 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 I N D E X 2 TESTIFIERS 3 NAME PAGE 4 REPRESENTATIVE EDDIE DAY PASHINSKI 5 PRIME SPONSOR OF HB 2626.........................8 6 RITA C. SCHWARTZ PRESIDENT, NATIONAL ASSOCIATION 7 OF CATHOLIC SCHOOL TEACHERS.....................36 8 MICHAEL A. MILZ EXECUTIVE VICE PRESIDENT, NATIONAL 9 ASSOCIATION OF CATHOLIC SCHOOL TEACHERS; PRESIDENT, SCRANTON DIOCESE ASSOCIATION 10 OF CATHOLIC TEACHERS............................45 11 ROBERT J. O'HARA, JR. EXECUTIVE DIRECTOR, 12 PA CATHOLIC CONFERENCE..........................90 13 PHILIP J. MURREN, ESQ. BALL, MURREN & CONNELL..........................96 14 THEODORE E. CLATER, PD.D. 15 EXECUTIVE DIRECTOR, KEYSTONE CHRISTIAN EDUCATION ASSOCIATION..........................128 16 JEFFREY A. HOLLIER, PH.D. 17 ASSOCIATE PROFESSOR AND DIRECTOR OF NEUROSURGICAL EDUCATION, 18 DEPARTMENT OF NEUROSURGERY, PENN STATE COLLEGE OF MEDICINE/ 19 HERSHEY MEDICAL CENTER.........................136 20 JONATHAN LUCAS, M.A. PASTOR, GRACE COMMUNITY CHURCH.................141 21 GREGORY R. REED, J.D. 22 ATTORNEY, PARENT, AND CHURCH MEMBER............146 23 MARK E. CHOPKO, ESQ. CONSTITUTIONAL LAWYER, 24 STRADLEY, RONON, STEVENS & YOUNG, LLP; FORMER CHIEF COUNSEL, UNITED STATES 25 CONFERENCE OF CATHOLIC BISHOPS.................162 4 1 TESTIFIERS (cont'd) 2 NAME PAGE 3 JOSEPH J. FAHEY, PH.D. CHAIRMAN, CATHOLIC SCHOLARS FOR WORKER 4 JUSTICE; PROFESSOR OF RELIGIOUS STUDIES, MANHATTAN COLLEGE..............................173 5 J. BRIAN BENESTAD, PH.D. 6 PROFESSOR OF THEOLOGY, UNIVERSITY OF SCRANTON.........................196 7 THE VERY REVEREND WILLIAM J. KING, J.C.D. 8 CANON LAWYER; ADJUNCT INSTRUCTOR IN CANON LAW, CATHOLIC UNIVERSITY OF AMERICA; 9 VICAR GENERAL, DIOCESE OF HARRISBURG...........201 10 JOSEPH CASCIANO SECRETARY FOR CATHOLIC SCHOOLS/ 11 SUPERINTENDENT OF SCHOOLS, DIOCESE OF SCRANTON............................216 12 JAMES BURKE 13 DIRECTOR OF HUMAN RESOURCES, DIOCESE OF SCRANTON............................221 14 MARY TIGUE 15 ASSISTANT SUPERINTENDENT OF SCHOOLS, DIOCESE OF SCRANTON............................228 16 BRUCE E. ENDY, ESQ. 17 SPEAR, WILDERMAN, PC...........................234 18 MICHAEL STEFAN STAFF REPRESENTATIVE FOR 19 PENNSYLVANIA AFL-CIO...........................245 20 WILLIAM M. GEORGE PRESIDENT, PENNSYLVANIA AFL-CIO................245 21 22 23 24 25 5 1 SUBMITTED WRITTEN TESTIMONY 2 FATHER SINCLAIR OUBRE, J.C.L. CANON LAWYER AND PRIEST, 3 DIOCESE OF BEAUMONT, PORT ARTHUR, TEXAS........260 4 WALTER E. CARSON VICE PRESIDENT AND GENERAL COUNSEL, 5 COLUMBIA UNION CONFERENCE, SEVENTH-DAY ADVENTIST CHURCH...................274 6 RICHARD W. GARNETT 7 PROFESSOR OF LAW, UNIVERSITY OF NOTRE DAME.....276 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 1 P R O C E E D I N G S 2 * * * 3 VICE CHAIRMAN CASORIO: The hour of 4 1 o'clock having arrived, I would like to call the 5 House Labor Relations Committee to order. 6 Everyone please rise for the Pledge to the 7 flag. 8 (The Pledge of Allegiance was recited.) 9 VICE CHAIRMAN CASORIO: Thank you. 10 Thank you for coming out today to attend the 11 House Labor Relations Committee hearing on House Bill 12 2626. 13 I am the majority Vice Chair, Representative 14 Casorio, from Westmoreland County. I am chairing the 15 meeting instead of Representative Belfanti, who, you 16 may know, has undergone back surgery recently, and he 17 is recuperating. So we send from the committee best 18 wishes for a speedy and a safe recovery to the 19 Chairman, Representative Belfanti. 20 We are joined by a couple of members here 21 now, and we expect more as the hearing proceeds into 22 the afternoon. And before we get into the testimony, 23 I will ask the members of the Labor Relations 24 Committee that are here to introduce themselves, 25 please. 7 1 REPRESENTATIVE METCALFE: Good afternoon. 2 I am State Representative Daryl Metcalfe from the 3 12th District. 4 REPRESENTATIVE DiGIROLAMO: Good afternoon. 5 Gene DiGirolamo, Bucks County, 18th District. 6 VICE CHAIRMAN CASORIO: Thank you, Geno. 7 Thank you, Daryl. 8 I would remind all testifiers before we 9 begin today's hearing that we are on a schedule. 10 as you can see the agenda in front of you, it is 11 quite ambitious and quite lengthy. I would ask 12 that everyone keep within those time frames. If 13 not, I will be a constant reminder of those time 14 frames. 15 And I would ask that you also refrain, I 16 would ask that you refrain from reading your 17 testimony verbatim. We, as you may know, have a 18 series of testifiers, and the testimony is here in 19 front of us today, so we are well versed on your 20 testimony. Summarize them, if you will, and then we 21 will certainly have some questions. 22 So with those things in mind -- and also, we 23 have been joined by Representative Staback. 24 Representative Staback, thank you for joining us 25 today. 8 1 At this time, I would like to call the prime 2 sponsor of House Bill 2626, Representative Pashinski, 3 for his remarks. Representative, thank you. 4 REPRESENTATIVE PASHINSKI: Thank you very 5 much Vice Chairman Casorio. 6 I would like to thank the committee, and, of 7 course, Chairman Belfanti, Chairman DiGirolamo, for 8 allowing this opportunity to hear testimony relative 9 to House Bill 2626. 10 Two months ago, I introduced this bill in 11 order to make serious connections and corrections to 12 parts of the law that neglect certain workers' 13 rights. 14 I saw firsthand that an entire class of 15 workers was falling through loopholes in our laws and 16 that no government agency recognized the problem, 17 resulting in no action. 18 Specifically, you may be aware that there 19 are Federal and State laws that protect workers' 20 rights to choose or not to choose unions. These laws 21 have enabled workers to organize their labor 22 membership for the purpose of securing a fair labor 23 agreement. 24 Appropriate wages, benefits, and working 25 conditions have modernized our society and advanced 9 1 the living conditions for millions of Pennsylvanians 2 and provided security that the workforce would not be 3 at the mercy of unscrupulous employers. 4 These laws cover most employees and provide 5 oversight boards for enforcement. Many employees in 6 the private sector fall under the jurisdiction of the 7 National Labor Relations Board, and the Pennsylvania 8 Labor Relations Board picks up those private workers 9 that fall through the cracks. The State Labor 10 Relations Board, the PLRB, also oversees most public 11 workers. 12 As you may be aware, Pennsylvania courts 13 have decided that employees of religiously-affiliated 14 schools are not currently appropriately covered under 15 these laws. 16 I am sure that you will hear references of 17 these cases as we move ahead. However, please keep 18 in mind that it is the Legislator's job to make laws 19 and it is the court's job to interpret and enforce 20 these laws. 21 As such, my legislation, House Bill 2626, 22 seeks to allow lay teachers and other lay employees 23 of religiously-affiliated schools to elect to join or 24 not to join unions and collectively bargain. 25 The bill would establish protections for 10 1 these rights by incorporating these employees into 2 the Pennsylvania Labor Relations Act, the PLRA, which 3 will provide oversight by the Pennsylvania Labor 4 Relations Board. 5 With this legislation, teachers and other 6 employees of religiously-affiliated schools, who are 7 not members of the clergy or in a recognized or 8 substantial religious vocation related to the 9 employer, would have the same rights as their 10 counterparts in public schools and/or other private 11 sector workers in Pennsylvania. 12 When the National Labor Relations Act and 13 the PLRA were crafted and enacted in the 1930s, 14 educators at religiously-affected schools were 15 largely nuns, priests, or similar members of the 16 church. Now, however, the times have changed, and 17 these schools employ primarily lay persons. 18 For example, last year, the Catholic News 19 Service reported that in 1950, lay teachers only made 20 up approximately 14 percent of the workforce at 21 Catholic schools in the United States, and now, 70 22 years later, lay teachers make up over 90 percent of 23 the workforce. 24 There are religiously-affiliated schools in 25 each town and city in Pennsylvania which now draw on 11 1 the general public for employees. This means that 2 there are employees throughout the State who are 3 being denied or could be denied basic labor rights. 4 By incorporating these workers into the PLRA, we can 5 ensure fairness and equality in employment to this 6 section of the workforce.
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