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Working In These Times

Friday, Mar 28, 2014, 5:53 pm

Is Perelman Jewish Day School the Hobby Lobby of Union-Busting?

BY Bruce Vail

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The Perelman Jewish Day School in Melrose Park, a suburb of Philadelphia.   (Wikimedia / Creative Commons)

A small group of teachers in Philadelphia are finding their union rights under attack on questionable religious grounds, much the same way that women across America found their right to healthcare assaulted this week in the Supreme Court’s Hobby Lobby case.

Some 55 teachers at the Perelman Jewish Day School, which has two K-5 campuses in the Philadelphia suburbs with some 300 total students, were stunned March 24 to be notified that the school’s board had decided to cease recognizing their union. The teachers were told that the current union contract will be allowed to expire and they will be required to negotiate individual one-year contracts with school administrators. Normally, revoking union recognition would be considered a blatant violation of collective bargaining law. But board vice president Aaron Freiwald says the action is justified by a Supreme Court decision. The case he's likely referring to is the obscure 1979 NLRB v. Catholic Bishops of Chicago, in which the Supreme Court found that religious schools are exempt from certain provisions of the National Labor Relations Act.

The teachers, some of whom are observant Jews themselves, are not going to meekly allow their union to be dissolved, says Barbara Goodman, the communications director for the AFT Pennsylvania, the state chapter of the American Federation of Teachers and the union with which the Perelman Jewish Day School Faculty Association Local 3578 is affiliated.

Members held an emergency meeting March 27, Goodman says, and unanimously passed a resolution to fight for their union. It read:

We categorically reject the terms and conditions in the materials that were handed to us, and we authorize all of our local, state and national officers to pursue all legal means to have this action reversed and to return to the bargaining table, where we can negotiate in good faith a contract that is good for the students and the teachers.

Equally offended by the board action is Jesse Bacon, whose daughter is a student at the exclusive private school, where tuition can be as high as $20,000 a year. Bacon tells In These Times that he’s firmly on the side of the teachers and regards any claim to religious legitimacy for the board’s high-handed action as bogus and offensive. “This is just rank hypocrisy. ... It makes my blood boil,” he says.

Hypocritical or not, the teachers just may have a real legal fight on their hands, says Dan Kovalik, who is on the legal staff at the Pittsburgh headquarters of the United Steelworkers (USW). The little-known Catholic Bishops decision does allow religious schools to claim exemption from the NLRA, he says, although it is not clear that it would apply to the Perelman school. The USW is fighting a Catholic Bishops case right now, he adds, as the union attempts to organize the part-time faculty at the Duquesne University, a Catholic school in the suburbs of Pittsburgh. And there are a number of other cases where religious schools have successfully used the Catholic Bishops defense to fend of unionization of the faculty, he says. Indeed, labor lawyers are closely watching a National Labor Relations Board decision right now in a case involving Pacific Lutheran University, which may clarify the law.

The claim of religious exemption doesn’t mean much to the AFT’S Goodman. “Perelman School has been unionized for 38 years. I’m Jewish myself and I can tell you for sure that nothing about Judaism has changed in the last week to justify” attacking the teachers union, she says.

Nor does it hold much water with Bacon. He tells In These Times that his great-grandmother became a member of the International Ladies Garment Workers Union while a seamstress in Philadelphia a century ago. There is a proud tradition in his family of progressive Jewish unionism —some were lifetime members of the socialist-leaning organization Workman’s Circle—and any attempt to justify union-busting with Judaism is offensive, he says. He also notes that the board at the Perelman school chose to move against the union on the anniversary of the Triangle Shirtwaist Factory fire, the tragedy that helped catalyze the unionization of Jewish workers in New York’s garment district.

Pennsylvania AFT President Ted Kirsch said the full resources of the union are being marshaled to defend the teachers. “You wouldn’t believe the calls I’ve gotten from around the country. This is just so against the Jewish tradition that people can’t believe Perelman is trying to get away this this,” he says.

Freiwald, a Philadelphia lawyer, turned down requests from In These Times for a phone interview but invited queries by email. He declined to answer most of the e-mailed questions, but did however identify himself as the chairman of a special board task force that recommended the vote against the union and stated that the vote was unanimous. He provided a press release and a prepared FAQ sheet [PDF] as the school’s only public comment.

This matter exploded the same week that the Supreme Court heard arguments in the Hobby Lobby case, in which an employer argued that his religious convictions against birth control trumped the healthcare rights of his workers. Bacon sees a clear parallel between the two: “That seems like phony religion to me. So does this.”

Bruce Vail is a Baltimore-based freelance writer with decades of experience covering labor and business stories for newspapers, magazines and new media. He was a reporter for Bloomberg BNA's Daily Labor Report, covering collective bargaining issues in a wide range of industries, and a maritime industry reporter and editor for the Journal of Commerce, serving both in the newspaper's New York City headquarters and in the Washington, D.C. bureau.

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