The Pope at Odds with Workers' Rights
Catholic education is front and center this week as Benedict XVI makes his first papal visit to America. On April 17, at Catholic University in Washington, D.C., he will address more than 400 college, university, elementary and secondary school leaders. His subject will be the importance of Catholic education, and he'll probably argue for strict adherence to the usual orthodox Church teachings -- a call for academics to behave and for bishops to insure that they do.
What Benedict is unlikely to address is the failure of many in the church hierarchy to abide by another social teaching that is far more pertinent to Catholic education right now: workers' rights. The workers in question are beleaguered Catholic elementary and high school teachers around the country.
Benedict may soon come face to face with their plight if members of the Lay Faculty Association, one of New York City's two teachers' unions, goes on strike as planned on the eve of his arrival. These Catholic school teachers have been working for eight months without a contract and have failed to settle with the archdiocese.
To the casual observer, this strike makes it seem like Catholic school teachers are secure in their right to fight for just wages and working conditions. Yet in reality, they have legal protection for union activities only in a handful of states, thanks to the obstructionist tactics of Catholic bishops.
Despite literally centuries of Catholic social teaching promoting the right of workers to organize, Church authorities have fought Catholic teachers' organizing efforts since the 1970s, when they blocked union elections in Philadelphia and refused to accept the National Labor Relations Board (NLRB) as a bargaining agent for teachers in Chicago.
Another blow for organizing came in 1979 when the U.S. Supreme Court ruled in favor of the Chicago Archdiocese, deciding that Catholic school teachers did not have the right to organize under the NLRB. The court ruled not on the constitutionality of such representation but on a technicality -- that the 1935 National Labor Relations Act did not specifically include Catholic school teachers. That's not surprising, since nearly all teachers in 1935 were nuns or religious brothers, not lay people who had to earn a living.
Legal protections for organizing Catholic school teachers currently exist in New York because the Lay Faculty Association prevailed against the Archdiocese of New York in the U.S. Court of Appeals, which determined that the teachers were indeed covered by the New York State Employment Relations Board.
In New Jersey, protection for unionizing workers exists only because the Camden Catholic teachers union fought the Camden diocese all the way to the state supreme court, which determined that Catholic school teachers could unionize and bargain collectively under the state constitution. The Minnesota State Supreme Court also has upheld protections for unionizing Catholic school teachers.
However, in recent years in other parts of the country, Catholic bishops have been busting longstanding Catholic school teachers' unions and stripping teachers of their right to unionize. In 2004, Archbishop Sean O'Malley ended 36 years of the Boston Archdiocese's negotiation of a single contract with the high schools by decentralizing the system and then refusing to recognize the union any longer.
Mary Chubb, a veteran Catholic school teacher, spent nearly ten years trying to gain recognition for elementary school teachers in St. Louis, Mo. Bishop Raymond Burke summarily killed that movement in 2004 by issuing an unequivocal written decree stating, "Neither the Archdiocese nor individual parishes will recognize or bargain collectively with any organization as a representative of the teachers."
In Scranton, Pa., the teachers are currently up in arms, picketing and threatening to strike because Bishop Joseph Martino, like O'Malley, reorganized the school system and then refused to recognize their union, which had been bargaining collectively for many area schools for roughly 30 years.
Some bishops defend their actions by accusing teachers of blatant self-interest, an unseemly focus on money and endangering the financial health of the schools. This is a shocking and unfair charge to make, considering the fact that the priest pedophilia crisis alone has already cost the American church over $2 billion.
These bishops hope to pit teachers against parents -- a strategy that is failing in Scranton, where both parents and students are joining the picket lines. They have also attempted to replace unions with employee relations programs, as Bishop Martino is doing in Scranton -- a tactic that labor experts liken to the manipulative company-controlled "company unions" of the early 20th century.
This anti-union activity threatens the church's lay teachers, who are not in traditional labor unions and who make up an estimated 90 percent of the church's 152,000 professional teaching ranks. They could all be forced to accept compromised salaries, benefits and pensions; sham grievance procedures; and the status of employees who can be fired at will. It also bears noting that women make up the overwhelming majority of Catholic school teachers, accounting for 75 percent of the teachers overall and more than 90 percent of elementary school teachers.
As for the treatment of the women trying to organize in St. Louis, Mary Chubb has characterized it as "real bullying and rudeness, and so disrespectful."
That the history of Catholic social teaching on workers' rights is unlikely to make it into the Pope's speech shouldn't surprise anyone who's followed his tenure in the papacy. The church under Benedict has its own hierarchy of inviolable teachings. For instance, Benedict kicks off his U.S. tour with a face-to-face meeting with President George W. Bush. Yet the fact that Bush has the blood of hundreds of thousands of men, women and children on his hands by failing to wage anything remotely resembling a "just war" in Iraq will pose no impediment to an amiable photo shoot between the two.
Despite the church's opposition to discrimination, the historical record of women priests, deacons and bishops, and an escalating priest shortage, Catholic bishops unequivocally denounce the theologically well-educated as well as deeply pastoral Catholic women who are called to the priesthood and are moving ahead with ordination. Benedict set the tone for this culture of denunciation when, as head of the Congregation for the Doctrine of the Faith, he excommunicated the first seven women ordained Catholic priests, the earliest members of the thriving Roman Catholic Women Priests movement.
On the other hand, Benedict has never issued a similar public sanction against a single priest found guilty of raping, sodomizing or sexually terrorizing a child or against a single bishop who enabled such crimes to occur.
In fact, on this trip Benedict has chosen to avoid Boston, where the sex abuse crisis erupted in 2002. Nor does he plan to meet with any organizations representing the nation's more than 10,000 survivors of sexual abuse by Catholic clergy, yet another callous and stunning violation of his pastoral responsibility.
On his visit, Benedict is also unlikely to acknowledge the most recent bad news, coming from a new study by the Pew Forum on Religion & Public Life. It found that of the major religions in the United States, Catholicism has experienced the greatest loss of net members. That loss is partly offset by the high number of Catholic immigrants, primarily Latinos, joining the church, but that should give church leaders little comfort. If past surveys are any indication, these Catholics will eventually bring their own challenges to the church's priorities and its intransigence on a host of critical issues.
For now, as the Pew survey shows, some 10 percent of all Americans -- nearly 30 million people -- are ex-Catholics, members of what one besieged progressive priest calls "the fastest-growing church in the United States."
Some disaffected and disillusioned Catholics are forming vibrant new spiritual communities that still identify themselves as members of the church. Though Benedict will meet with the ecumenical leaders of other Christian denominations and with leaders of non-Christian traditions worldwide, he has no plans to address these disinherited Catholics. Their numbers include the unionizing teachers, errant theologians, married priests, women who aspire to the priesthood, clergy sex abuse survivors, homosexuals, the divorced and anyone remotely pro-choice.
In the Church of Benedict, some Catholics are in. Many are out. What Christian teaching countenances that?