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To the editor:
"St. John's files federal anti-union lawsuit," (June 19th Chief) because they claim their 1st and 14th Amendment rights are violated by a law that requires them to negotiate with their workers' union, whom they no longer recognize. If the verdict on this legal action is based on facts, justice and logic, it should go nowhere.
St. John's management claims that having to bargain with the union over a new contract, which they've been doing since 1966, interferes with its religious mission. Their religion considers greed the second deadly sin. The rabbi they worship as God, Jesus, often preached against greed and called for generosity. I don't think a policy of we won't negotiate with you, take what we offer or leave it, would fit Jesus' philosophy.
Management also claims that "being legally forced to negotiate and share decision-making authority over mission essential issues infringes upon the university's right to determine its own educational and religious direction." But union demands have nothing to do with that. They deal with workers issues such as wages, benefits, ect.
If management claims otherwise, they are in violation of the 9th Commandment against bearing false witness. If they do so under oath, then they violate the law against perjury.
Then they argue that the 14th Amendment is violated by "unconstitutionally removing its authority over its own operations and personnel." Huh? I challenge anyone to read the five sections of this amendment and find anything that has to do with that.
Richard Warren
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Valete
St. John’s legal filing, dated June 19, can be summarized in a single, comprehensive paragraph.
Federal courts exempt religious colleges from collective bargaining, but state laws frequently create loopholes.
St. John’s University is suing to extend First Amendment protections from state labor boards, similar to federal law.
That’s it in a nutshell….
Thursday, July 23 Report this
Valete
In Warren’s essay, he presents a one-sided argument. He frames St. John’s University’s lawsuit against union negotiations as baseless, claiming it contradicts their religious teachings and claims about union demands. He also alleges the lawsuit misinterprets the 14th Amendment. In my view, Warren’s essay fails to inform readers about the main issue.
“Labor boards lack jurisdiction over faculty at religious institutions," regardless of the circumstances."
Source; National Labor Relations Board
The Bethany College Ruling (2020)
The ruling: It established that the federal government has no jurisdiction over faculty at religiously affiliated colleges and universities.
( The Legal Impact: It prevents the federal government from determining what constitutes "religious activity" versus "secular activity" at a school. This gives religious colleges total autonomy over their faculty labor unions and hiring. )
Friday, July 24 Report this
Admin
If Word Man's arguments are valid, why are they not mentioned in the lawsuit. Furthermore, it's easy to determine that a union demanding fair wages and benefits for their workers is not religious activity.
Friday, July 24 Report this
Admin
Also, if federal laws really exempt religious institutions from collective bargaining, how come, until recently, St. John's had been accepting it since 1966.
Friday, July 24 Report this
Valete
My post on St. John’s University’s legal filing relies on the argument that federal law exempts religious institutions from the NLRB’s jurisdiction over faculty. The university contends that this federal exemption, which led to the withdrawal of union recognition, also preempts state-level labor board jurisdiction.
Question
Does St. John's legal filing argue that federal law exempts religious institutions from the NLRB's jurisdiction over faculty, as established in the 2020 Bethany College ruling.
Answer:
“Yes,” St. John's University relies heavily on the precedent set by the 2020 Bethany College ruling to argue that federal law exempts it from the National Labor Relations Board (NLRB) jurisdiction. However, the core focus of St. John's actual federal lawsuit is targeted at denying the jurisdiction of New York State’s labor board, rather than the federal NLRB.
“I rest my case!"
Saturday, July 25 Report this