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Labor Unions, Adjuncts, and the Mission and Identity of Catholic Universities

  • Gerald J. Beyer (a1)

Abstract

Catholic social teaching (CST) has long endorsed the right of all workers to unionize. However, many US Catholics exhibit an antiunion bias. In addition, Catholic institutions have engaged in union busting, thereby flouting CST. Focusing on the recent efforts of adjuncts to unionize at Catholic universities, this article argues that union busting jeopardizes the faith and conscience formation of students and undermines the evangelizing mission of Catholic universities. The article debunks the appeal to religious liberty by Catholic institutions to circumvent the National Labor Relations Board's injunctions to allow adjuncts to unionize. It also refutes the argument that the National Labor Relations Act imposes a style of collective bargaining contrary to the harmonious vision of labor relations in CST. Succinctly stated, the article contends there is no legitimate reason for Catholic universities to thwart the unionization efforts of adjuncts, particularly given the systematically unjust work conditions many of them face.

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1 Pope John Paul II, Encyclical Laborem Exercens, http://www.vatican.va/holy_father/john_paul_ii/encyclicals/documents/hf_jp-ii_enc_14091981_laborem-exercens_en.html, §20. This and all subsequent citations and translations of official Roman Catholic magisterial documents are taken from the Vatican website, http://w2.vatican.va/content/vatican/en.html. I am very grateful to Don Carroll, labor attorney and adjunct professor of labor law at the University of San Francisco, for helpful suggestions concerning this article. I remain solely responsible for all views expressed herein.

2 Second Vatican Council, Pastoral Constitution on the Church in the Modern World (Gaudium et Spes [GS]), December 7, 1965, http://www.vatican.va/archive/hist_councils/ii_vatican_council/documents/vat-ii_const_19651207_gaudium-et-spes_en.html, §68.

3 See, for example, Gregg, Samuel, Tea Party Catholic: The Catholic Case for Limited Government, a Free Economy, and Human Flourishing (New York: Crossroad, 2013), 177–81; Robert A. Sirico, “Catholic Teaching's Pro-Union Bias,” Milwaukee Journal Sentinel, February 28, 2011; Annamarie Adkins, “Public Employee Unions and the Common Good,” Zenit, March 6, 2011, http://www.zenit.org/en/articles/public-employee-unions-and-the-common-good.

4 Hannum, Kristen, “Labor Pains: What Wisconsin Tells Us about Catholics and Unions,” U.S. Catholic 76, no. 8 (August 2011), http://www.uscatholic.org/church/2011/07/labor-pains-what-wisconsin-tells-us-about-catholics-and-unions.

5 Holland, Joe, 100 Years of Catholic Social Teaching Defending Workers & Their Unions: Summaries & Commentaries for Five Landmark Papal Encyclicals (Washington, DC: Pacem in Terris Press, 2012), 12 (emphasis in the original).

6 See Reich, Adam D., With God on Our Side: The Struggle for Workers' Rights in a Catholic Hospital (Ithaca, NY: Cornell University Press, 2012); Gregory, David L. and Russo, Charles J., “The First Amendment and the Labor Relations of Religiously-Affiliated Employers,” Boston University Public Interest Law Journal 8 (1999): 449585; Paul Moses, “Which Side Are They On?,” Commonweal 138, no. 10 (May 20, 2011): 18–20; Joseph J. Fahey, “Adjunct Unions at Catholic Affiliated Colleges and Universities: A Background Paper” (paper, Catholic Scholars for Worker Justice, November 1, 2013), http://www.cswj.us/2013%2011-1%20Adjunct%20Background%20Paper%20-%20FAHEY.pdf; Stabile, Susan, “Blame It on Catholic Bishop: The Question of NLRB Jurisdiction over Religious Colleges and Universities,” Pepperdine Law Review 39, no. 5 (2013): 1341; and Walter “Bob” Baker, Catholic Social Teaching and Unions in Catholic Primary and Secondary Schools: Clash between Theory and Practice within the United States (Washington, DC: Pacem in Terris Press, 2014).

7 Gross, James A., A Shameful Business: The Case for Human Rights in the American Workplace (Ithaca, NY: ILR Press/Cornell University Press, 2010), 7880.

8 See Beyer, Gerald J., “Workers' Rights and Socially Responsible Investment in the Catholic Tradition: A Case Study,” Journal of Catholic Social Thought 10, no. 1 (2013): 117–21. On the war against workers, see also Gross, A Shameful Business; Gregory, David L., “The Demise of Workers' Rights,” America 195, no. 5 (2006): 2023; Bobo, Kimberley A., Wage Theft in America: Why Millions of Working Americans Are Not Getting Paid—and What We Can Do about It (New York: New Press, 2009); Reich, Robert B., Aftershock: The Next Economy and America's Future (New York: Knopf, 2010).

9 See David Madland and Karla Walter, “The Employee Free Choice Act 101: A Primer and Rebuttal,” Center for American Progress Action Fund, https://www.americanprogressaction.org/issues/labor/news/2009/03/11/5814/the-employee-free-choice-act-101/.

10 Golden, Lonnie, “Becoming Too Small to Bail? Prospects for Workers in the 2011 Economy and the 112th Congress,” Indiana Law Journal 87, no. 1 (2012): 36.

11 Gross, A Shameful Business, 79–80. Scholars have often pointed to Ronald Reagan's firing of striking PATCO (Port Authority Transit Corporation) workers as the death knell of the labor movement in the United States. See McCartin, Joseph A., Collision Course: Ronald Reagan, the Air Traffic Controllers, and the Strike that Changed America (New York: Oxford University Press, 2011). On antiunionism more generally, see also Interfaith Worker Justice, “Why Unions Matter,” in A Worker Justice Reader: Essential Writings on Religion and Labor, ed. Heine, Joy and Brooke, Cynthia (Maryknoll, NY: Orbis Books, 2010), 1718; Darren Cushman Wood, “The Church, the Union and the Trinity,” ibid., 198–209; Richard L. Kalhenberg and Moshe Z. Marvit, “A Civil Right to Unionize,” New York Times, February 29, 2012, A31; and John Schmitt and Alexandra Mitukiewicz, “Politics Matter: Changes in Unionization Rates in Rich Countries, 1960–2010,” Center for Economic and Policy Research, http://www.cepr.net/index.php/publications/reports/changes-in-unionization-rates-in-rich-countries-1960-2010.

12 Fletcher, Bill, “They're Bankrupting Us!”: And 20 Other Myths about Unions (Boston: Beacon Press, 2012), 2325; Gordon Lafer, “What ‘Right to Work’ Means for Indiana's Workers: A Pay Cut,” The Nation, January 11, 2012, http://www.thenation.com/article/165599/what-right-work-means-indianas-workers-pay-cut; Martin Wolfson, “‘Right to Work’ vs. The Rights of Workers” (report, Higgins Labor Studies Program, University of Notre Dame, March 2011), http://higginslabor.nd.edu/assets/38894/higgins_report_on_rtw_march_2011.pdf.

13 Compa, Lance, “Workers' Freedom of Association in the United States: The Gap between Ideals and Practice,” in Workers' Rights as Human Rights, ed. Gross, James A. (Ithaca, NY: Cornell University Press, 2003), 33.

14 Human Rights Watch, Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards (New York: Human Rights Watch, 2000), 12, http://www.hrw.org/sites/default/files/reports/uslbr008.pdf.

15 Finn, Daniel, “The Priority of Labor over Capital: Some Needed Extensions,” Journal of Catholic of Social Thought 6, no. 1 (2009): 30.

16 Hollenbach, David, “The Catholic University under the Sign of the Cross: Christian Humanism in a Broken World,” in Finding God in All Things, ed. Pope, Stephen J. (New York: Crossroad, 1996), 286. See also Reich, With God on Our Side.

17 Reflecting on the Lukan passage, Saint John Paul II wrote that “Jesus is the symbol of liberation from unjust structures, both social and economic. . . . He is in every way a reproach to affluent, acquisitive consumer societies.” Like Jesus, the church must also be a sign of contradiction to the ways of the world. See Wojtyla, Karol, Sign of Contradiction (New York: Seabury Press, 1979), 108.

18 The terms non-tenure-track faculty (NTFF) and contingent faculty include part-time adjuncts and full-time, non-tenure-track faculty and graduate assistants. While there are certainly differences in the situations of these types of faculty members, they all face many of the same struggles associated with the casualization of the academic workforce. In this article, I focus on adjuncts because it has been mainly their efforts to unionize that Catholic universities have opposed. On the various terms used to refer to contingent faculty, see Curtis, John and Thornton, Saranna, Here's the News: The Annual Report on the Economic Status of the Profession, 2012–13 (Washington, DC: American Association of University Professors, 2013), 8, http://www.aaup.org/report/heres-news-annual-report-economic-status-profession-2012-13. I agree with the AAUP's claim that the terms adjunct and part-time are both problematic, as the work of this group of university professors is anything but peripheral to higher education today. In addition, many who are deemed part-time by the universities spend as many if not more hours on teaching than professors considered full-time.

19 For example, Michael Moreland repeated Brady's argument in his testimony before the US Congress. See Expanding the Power of Big Labor: The NLRB's Growing Intrusion into Higher Education; Before the Subcommittee on Health, Employment, Labor and Pensions jointly with the Subcommittee on Higher Education and Workforce Training, 112th Congress (September 12, 2012) (statement of Michael P. Moreland, Vice Dean and Professor of Law, Villanova University), http://edworkforce.house.gov/uploadedfiles/09.12.12_moreland.pdf.

20 See Reich, With God on Our Side, 104–5.

21 Several Catholic institutions have in recent years granted access to university health-care plans and increased adjunct salaries. See, for example, “Progress Made on Compensation and Working Conditions over the Past Five Years,” Seattle University, https://www.seattleu.edu/unionization-effort/steps/. However, the universities generally share little to none of the health-care plans' cost (unlike for full-time faculty), rendering them unaffordable for most adjuncts, given their low wages. To my knowledge, no Catholic university with nonunionized adjuncts has offered the $5,000 per course recommended by the Mayday Declaration on Contingency in Higher Education. See “Adjunct Supporters Call for $5,000 Minimum Per Course,” Inside Higher Ed, May 1, 2013; https://www.insidehighered.com/quicktakes/2013/05/01/adjunct-supporters-call-5000-minimum-course. Georgetown University, where adjuncts are unionized, is moving toward it (see http://www.seiu500.org/files/2014/09/Georgetown-University-Contract-Highlights.pdf). Seattle University, where adjunct unionization is discouraged, is offering $4,000 to those with nonterminal degrees and $4,300 to those with terminal degrees. Nonetheless, contingent faculty still wish to unionize at Seattle University (see http://actogetherwa.org/our-campaigns/seattle-university/why-a-union-for-seattle-university/).

22 See the amicus brief filed on April 25, 2011, by the American Association of Catholic Colleges and Universities, Lasallian Association of Catholic College Presidents, and the Association of Jesuit Colleges and Universities on the National Labor Relations Board website at http://www.NLRB.gov/search/all/02-RC-23543. For statements by individual Catholic University administrators, see, e.g., the letters from Loyola Marymount University and Seattle University (https://chroniclevitae.com/news/348-anatomy-of-a-letter-what-universities-tell-adjuncts-about-unions), the video by Seattle University president Father Stephen Sundborg (http://www.seattleu.edu/unionization-effort/message/), and the documents in the Manhattan College case (http://manhattan.edu/about/human-resources/adjunct-unionization-effort).

23 Finn, “The Priority of Labor over Capital,” 25.

24 For fuller analyses, see Dubson, Michael, Ghosts in the Classroom: Stories of College Adjunct Faculty—and the Price We All Pay (Boston: Camel's Back Books, 2001); Berry, Joe, Reclaiming the Ivory Tower: Organizing Adjuncts to Change Higher Education (New York: Monthly Review Press, 2005); US House Committee on Education and the Workforce, Democratic Staff, The Just-in-Time Professor (Washington, DC: United States House of Representatives, January 2014), http://democrats.edworkforce.house.gov/sites/democrats.edworkforce.house.gov/files/documents/1.24.14-AdjunctEforumReport.pdf; Coalition on the Academic Workforce, A Portrait of Part-Time Faculty Members (2012), http://www.academicworkforce.org/CAW_portrait_2012.pdf; Curtis, John and Thornton, Saranna, Losing Focus: The Annual Report on the Economic Status of the Profession, 2013–14 (Washington, DC: American Association of University Professors, 2014), http://www.aaup.org/reports-publications/2013-14salarysurvey; Curtis, John, The Employment Status of Instructional Staff Members in Higher Education, Fall 2011 (Washington, DC: American Association of University Professors, 2014), http://www.aaup.org/sites/default/files/files/AAUP-InstrStaff2011-April2014.pdf; Kezar, Adrianna and Maxey, Daniel, Dispelling the Myths: Locating the Resources Needed to Support Non-Tenure-Track Faculty (Los Angeles: The Delphi Project on the Changing Faculty and Student Success, 2013), http://www.uscrossier.org/pullias/wp-content/uploads/2013/10/DelphiProject-Dispelling_the_Myths.pdf; Kezar, Adrianna J., Embracing Non-Tenure Track Faculty: Changing Campuses for the New Faculty Majority (New York: Routledge, 2012). In addition, see Barbara Wolf's documentary film Degrees of Shame, http://vimeo.com/37920244.

25 The letter is available on the Catholic Scholars for Worker Justice website at http://www.cswj.us/2014-03-10%20ADJUNCT%20Sign-on%20Statement.pdf. See also Fahey, “Adjunct Unions at Catholic Affiliated Colleges and Universities.”

26 For official statements on the option for the poor, see John Paul II, Laborem Exercens, §8; John Paul II, Encyclical Sollicitudo Rei Socialis, http://www.vatican.va/holy_father/john_paul_ii/encyclicals/documents/hf_jp-ii_enc_30121987_sollicitudo-rei-socialis_en.html, §42; John Paul II, Encyclical Centesimus Annus, http://www.vatican.va/holy_father/john_paul_ii/encyclicals/documents/hf_jp-ii_enc_01051991_centesimus-annus_en.html, §11; United States Conference of Catholic Bishops, Economic Justice for All: A Catholic Framework for Economic Life, §§16, 86–90 in Catholic Social Thought: The Documentary Heritage, ed. O'Brien, David J. and Shannon, Thomas A. (Maryknoll, NY: Orbis Books, 1992), 574–75, 599–600.

27 Coalition on the Academic Workforce, “A Portrait of Part-Time Faculty Members,” 9.

28 Ibid. This report also states that the vast majority of the 30,000 respondents were in their prime earning years, i.e., between the ages of 35 and 65. This challenges the assumption that most contingent faculty members are either at the beginning of their careers or teaching as an avocation after retirement from another profession. As noted above, the terms non-tenure-track faculty (NTFFs) and contingent faculty include part-time adjuncts and full-time, non-tenure-track faculty and graduate assistants.

29 Coalition on the Academic Workforce, “A Portrait of Part-Time Faculty Members,” 10; Curtis and Thornton, Here's the News, 9. See also Jeffrey J. Williams, “The Great Stratification,” Chronicle of Higher Education, December 2, 2013, http://chronicle.com/article/The-Great-Stratification/143285/.

30 Coalition on the Academic Workforce, A Portrait of Part-time Faculty Members, 10–12; see also 38–39, tables 26 and 27.

31 Curtis and Thornton, Here's the News, 9; see also Coalition on the Academic Workforce, A Portrait of Part-Time Faculty Members, 31.

32 Stacey Patton, “The Ph.D. Now Comes with Food Stamps,” Chronicle of Higher Education, May 6, 2012, http://chronicle.com/article/From-Graduate-School-to/131795/?cid=vem.

33 House Committee on Education and the Workforce, The Just-in-Time Professor, 6. Information on adjunct pay at individual institutions can be found at the Adjunct Project, Chronicle of Higher Education, http://adjunct.chronicle.com/.

34 Space precludes a fuller exposition of the just wage in CST here. On this, see Beyer, “Workers' Rights.”

35 House Committee on Education and the Workforce, The Just-in-Time Professor, 16–21: and Kezar and Maxey, Dispelling the Myths, 12. The New Faculty Majority has addressed this issue by providing access to limited medical indemnity plans to its members. See http://www.newfacultymajority.info/equity/joomla-stuff-mainmenu-26/health-insurance-for-adjuncts. Although it is a step in the right direction, this plan excludes many services, such as basic health checkups and childbirth. See http://www.newfacultymajority.info/national/images/documents/limitedmedicaloverview.pdf.

36 On the realization of the right to health care in the American context from the standpoint of CST, see Beyer, “Workers' Rights”; and Stabile, Susan, “‘Poor’ Coverage: The Preferential Option for the Poor and Access to Health Care,” Journal of Catholic Social Thought 5, no. 1 (2008): 126–60.

37 I borrow the term “lumpen professoriate” from Cary Nelson, as cited in Bousquet, Marc, How the University Works: Higher Education and the Low-Wage Nation (New York: New York University Press, 2008), 18. Bousquet notes that some administrators have consciously viewed contingent faculty in this manner. As an example he points to the now-infamous words of the former New York University dean Ann Marcus, who apparently said with regard to adjuncts, “We need people we can abuse, exploit and turn loose,” ibid., 107, 11.

38 See Archibald, Robert B. and Feldman, David Henry, Why Does College Cost So Much? (New York: Oxford University Press, 2011), 25.

39 Bousquet, How the University Works, 56.

40 Ibid., 17.

41 Curtis and Thornton, Here's the News, 8; Coalition on the Academic Workforce, A Portrait of Part-Time Faculty Members, 1; and Williams, “The Great Stratification.” Data on the composition of the faculty at individual institutions can be obtained at the College Factual database at http://www.collegefactual.com.

42 Nelson, Cary and Watt, Stephen, Office Hours: Activism and Change in the Academy (New York: Routledge, 2004), 2829.

43 Berry, Reclaiming the Ivory Tower, 4; Clausen, Jan and Swidler, Eva Maria, “Academic Freedom from Below: Toward an Adjunct-Centered Struggle,” Journal of Academic Freedom 4 (2013), http://www.aaup.org/reports-publications/journal-academic-freedom/volume-4, 9.

44 Steck, Henry, “The Corporatization of the University: Seeking Conceptual Clarity,” Annals of the American Association of Political and Social Science 585 (2003): 74.

45 See Rudy Fichtenbaum, “After the Corporate University . . . Now What?,” Academe, November-December 2012, 56; Schultz, David, “The Rise and Demise of the Neo-Liberal University: The Collapsing Business Plan of American Higher Education,” Logos: A Journal of Modern Society and Culture 11, nos. 2–3 (2012), http://logosjournal.com/2012/spring-summer_schultz/; Tarak Barkawi, “The Neoliberal Assault on Academia,” Al Jazeera, April 25, 2013, http://www.aljazeera.com/indepth/opinion/2013/04/20134238284530760.html; Bousquet, How the University Works, 34–35, 193; Berry, Reclaiming the Ivory Tower, 5; Clausen and Swidler, “Academic Freedom from Below,” 6–8. This latter article discusses the role of international institutions such as the World Bank, IMF, and WTO in bringing the neoliberal revolution to universities.

46 Barkawi, “The Neoliberal Assault on Academia.” Although not mentioned, the parallels to Naomi Klein's theory of “shock doctrine” are striking. See Klein, Naomi, The Shock Doctrine: The Rise of Disaster Capitalism (New York: Metropolitan Books/Henry Holt, 2007).

47 See Bousquet, How the University Works, 26–28.

48 Ibid., 59; see also 38.

49 Curtis and Thornton, Here's the News, 12.

50 Curtis, The Employment Status of Instructional Staff Members, 18.

51 Bousquet, How the University Works, 59–60.

52 Maisto, Maria, “Taking Heart, Taking Part: New Faculty Majority and the Praxis of Contingent Faculty Activism,” in Embracing Non-Tenure Track Faculty: Changing Campuses for the New Faculty Majority, ed. Kezar, Adrianna (New York: Routledge, 2012), 195. Feminist scholars have long been concerned about the use of self-sacrificial tropes to justify many forms of exploitation of women. See Reimer-Barry, Emily, “Suffering or Flourishing? Marriage and the Imitation of Christ,” in Women, Wisdom, and Witness: Engaging Contexts in Conversation, ed. Carbine, Rosemary P. and Dolphin, Kathleen J. (Collegeville, MN: Liturgical Press, 2012), 124–45; Farley, Margaret A., Personal Commitments: Beginning, Keeping, Changing, rev. ed. (Maryknoll, NY: Orbis Books, 2013); Williams, Delores S., “Black Women, Surrogacy, Experience and the Christian Notion of Redemption,” in Cross Examinations: Readings on the Meaning of the Cross Today, ed. Trelstad, Marit A. (Minneapolis: Augsburg Fortress, 2006).

53 Kezar and Maxey, Dispelling the Myths, 13. The authors cite Donna M. Desrochers, who debunks the myth that athletics programs bring in large revenue for universities. See Desrochers, Donna M., Academic Spending versus Athletic Spending: Who Wins? (Washington, DC: Delta Cost Project at American Institutes for Research, 2013), http://www.deltacostproject.org/sites/default/files/products/DeltaCostAIR_AthleticAcademic_Spending_IssueBrief.pdf. The AAUP points out that only 23 of more than 1,000 members of the NCAA reported higher revenues than costs for athletics programs. See Curtis and Thornton, Losing Focus, 14. See also Knight Commission on Intercollegiate Athletics, Restoring the Balance: Dollars, Values and the Future of College Sports (Miami: John S. and James L. Knight Foundation, 2013), http://www.knightcommission.org/resources/press-room/845-december-4-2013-knight-commission-launches-groundbreaking-interactive-college-sports-spending-database. According to this report, “From 2005–2011, academic spending per student at institutions in the Football Bowl Subdivision [FBS] grew just 3 percent after adjusting for inflation, while athletic spending per athlete grew 31 percent and football spending per football player grew 52 percent even without considering spending on athletic scholarships.” The data from this report pertain only to public universities.

54 Curtis and Thornton, Losing Focus, 8.

55 See Curtis and Thornton, Losing Focus, 9–10.

56 My calculation is based on data from the Chronicle of Higher Education's executive pay database and publicly accessible 990 forms. See http://chronicle.com/article/Executive-Compensation-at/143541/#id=table.

57 Pope John XXIII, Encyclical Mater et Magistra, http://w2.vatican.va/content/john-xxiii/en/encyclicals/documents/hf_j-xxiii_enc_15051961_mater.html, §70. On the problem of excessive pay and CST, see Kennedy, Robert G., “The Practice of Just Compensation,” Journal of Religion and Business Ethics 1, no. 1 (2010): 12. See also Gregory, David L., “Reflections on Current Labor Applications of Catholic Social Thought,” Journal of Catholic Social Thought 1, no. 2 (2004): 675–78; and Edward M. Welch, “Justice in Executive Compensation,” America, May 19, 2003, http://americamagazine.org/issue/434/article/justice-executive-compensation.

58 See Delbanco, Andrew, College: What It Was, Is, and Should Be (Princeton, NJ: Princeton University Press, 2012), 135–49; and Nelson, Cary and Watt, Stephen, Office Hours: Activism and Change in the Academy (New York: Routledge, 2004), 117–37. The chapter in Office Hours that deals with expenditures on nonacademic building projects such as golf courses is fittingly titled “Is It a University or Is It a Country Club?”

59 See Kezar and Maxey, Dispelling the Myths.

60 See note 21 above.

61 Bousquet, How the University Works, 58, 94; and Kezar and Maxey, Dispelling the Myths, 3.

62 Kezar and Maxey, Dispelling the Myths, 9; and House Committee on Education and the Workforce, The Just-in-Time Professor, 21–22.

63 See Kezar and Maxey, Dispelling the Myths, 5–6.

64 See Paivi Hoikkala, “‘Lecturers Anonymous’: Moving Contingent Faculty to Visibility at a Masters Institution,” in Kezar, Embracing Non-Tenure Track Faculty, 130–45; Bousquet, How the University Works, 42–44; Dubson, Ghosts in the Classroom; Maisto, “Taking Heart, Taking Part,” 194–97. Maisto argues that not all adjuncts feel this way, as many recognize their own leadership abilities and professionalism.

65 Bousquet, How the University Works, 29.

66 Kezar and Maxey, Dispelling the Myths, 2–3. See also Clausen and Swidler, “Academic Freedom from Below,” 1–3, 9. The latter article reports that some institutions have made “tenure-like arrangements for their adjuncts” (9).

67 Maria Maisto discusses a study that concluded that contingent faculty often do not advocate for themselves because they have internalized a sense of inferiority and negative attitudes toward them. However, she also contends that “the more complex tropes of the self-hating adjunct and the satisfied or apathetic adjunct can be countered” by highlighting narratives of contingent faculty activism and empowerment. Maisto, “Taking Heart, Taking Part,” 195–97. On adjuncts organizing, see also Clausen and Swidler, “Academic Freedom from Below.”

68 See Maisto, “Taking Heart, Taking Part,” 198–99; Berry, Reclaiming the Ivory Tower; and the Adjunct Action website at http://adjunctaction.org.

69 See Stabile, “Blame It on Catholic Bishop,” 1326–28; Fahey, “Adjunct Unions at Catholic Affiliated Colleges and Universities”; Moses, “Which Side Are They On?”; Expanding the Power of Big Labor (statement of Michael P. Moreland).

70 See Stabile, “Blame It on Catholic Bishop,” 1318–19, nn. 7 and 39. The amicus brief (filed April 25, 2011) can be read on the National Labor Relations Board website at http://www.NLRB.gov/search/all/02-RC-23543. See also the Catholic Scholars for Worker Justice amicus brief, arguing conversely, at http://www.cswj.us/2014-03-26%20Amicus%20Curiae%20Brief%20by%20CSWJ%20to%20NLRB.pdf.

72 I have paraphrased the 2000 US Supreme Court decision Mitchell v. Helms, as cited in Expanding the Power of Big Labor (statement of Michael P. Moreland), 4. See also Stabile, “Blame It on Catholic Bishop,” 1317.

74 See Board Decision, Pacific Lutheran University and Service Employees International Union, Local 925, Petitioner, Case19-RC-102521, http://www.nlrb.gov/case/19-RC-102521.

75 Stabile, “Blame It on Catholic Bishop,” 1333.

76 See Expanding the Power of Big Labor (statement of Michael P. Moreland), 7–9.

77 See Gregory, “Reflections on Current Labor Applications”; Gregory, David L. and Russo, Charles J., “Overcoming NLRB v. Yeshiva University by the Implementation of Catholic Labor Theory,” Labor Law Journal 41, no. 1 (1990): 5564; Brady, Kathleen, “Religious Organizations and Mandatory Collective Bargaining under Federal and State Labor Laws: Freedom from and Freedom For,” Villanova Law Review 49 (2004): 77168.

78 See Pope Leo XIII, Encyclical Rerum Novarum, http://w2.vatican.va/content/leo-xiii/en/encyclicals/documents/hf_l-xiii_enc_15051891_rerum-novarum.html, 36, 37. For discussion of this point, see Beyer, “Workers' Rights,” 135–37.

79 United States Conference of Catholic Bishops, Economic Justice for All, §353, 660.

80 See Joseph Fahey's statement in Peter Schmidt, “Adjuncts Appeal to Higher Power in Debate over Unions at Religious Colleges,” Chronicle of Higher Education, December 9, 2013, http://chronicle.com/article/Adjuncts-Test-Faith-of/143493/.

81 Gregory compares the problematic NLRB election process, which often ends with prounion workers being fired or failure to recognize a union, to the much more successful card check method in Gregory, “The Demise of Workers' Rights.” See also Reich, With God on Our Side, 159; and Madland and Walter, “The Employee Free Choice Act 101.”

82 Sinclair Oubre, “Labor Law for 1.1 Billion People: How Canon Law, and Catholic Social Justice Principles Can Give a Third Way,” Catholic Labor Network, 2015, http://www.catholiclabor.org/gen-art/CanonLaw_CatholicLabor_Principles_6014010.pdf.

84 Expanding the Power of Big Labor (statement of Michael P. Moreland), 8.

85 Canon 22, cited in Oubre, “Labor Law for 1.1 Billion People,” 10.

86 Oubre, “Labor Law for 1.1 Billion People,” 10–11. Oubre points to canon 231 §2, which obligates church institutions to pay their employees a living wage, and canon 215, which codifies the freedom of association posited by Leo XIII in Rerum Novarum. See Code of Canon Law, http://www.vatican.va/archive/ENG1104/__PU.HTM.

87 Gregory, “Reflections on Current Labor Applications,” 665.

88 See Oubre, “Labor Law for 1.1 Billion People,” 13.

89 Brady, “Religious Organizations and Mandatory Collective Bargaining,” 104.

90 Ibid., 80–81, 121–22, 57–58.

91 See Mazzenga, Maria, “One-Hundred Years of American Catholics and Organized Labor, 1870s–1970s,” Journal of Catholic Social Thought 9, no. 1 (2012): 2342.

92 For this perspective in CST, see, for example, John Paul II, Laborem Exercens and Compendium of the Social Doctrine of the Church, http://www.vatican.va/roman_curia/pontifical_councils/justpeace/documents/rc_pc_justpeace_doc_20060526_compendio-dott-soc_en.html, §§305–6. Gregory Baum provides an excellent analysis of the points of contact and differences between CST and class struggle in Class Struggle and the Magisterium: A New Note,” Theological Studies 45 (1984): 690701.

93 See Sollicitudo Rei Socialis, §§38–39. For discussion of structures of sin, see Toton, Suzanne C., Justice Education: From Service to Solidarity (Milwaukee: Marquette University Press, 2006), 2226, 45–51; Daly, Daniel J., “Structures of Virtue and Vice,” New Blackfriars 92, no. 1039 (May 2011): 341–57; and Dorr, Donal, Option for the Poor: 100 Years of Vatican Social Teaching, rev. ed. (Dublin: Gill and Macmillan, 1992), 329–31. Toton explains the relationship between structures and individuals, and the understanding of “structural and systemic evil” in the Bible. Daly traces the development of this concept in official Catholic teaching. Dorr discusses this concept as presented in Sollicitudo Rei Socialis.

94 The following two paragraphs draw on lengthier discussion in Beyer, Gerald J., “The Meaning of Solidarity in Catholic Social Teaching,” Political Theology 15, no. 1 (2014): 2022.

95 See Brady, “Religious Organizations and Mandatory Collective Bargaining,” 111–12.

96 Ibid., 114.

97 John Paul II, Laborem Exercens, §19.

98 Ibid., §20.

99 John Paul II, Centesimus Annus, §14. See also Laborem Exercens, §20. John Paul incipiently developed this position in his 1969 treatise The Acting Person. He maintained that “political opposition can be an expression of solidarity” when it is “aimed at attaining that which is true and just.” Author's translation from Wojtyła, Karol, Osoba i czyn, 3rd ed. (Lublin: Towarzystwo Naukowe KUL, 2000), 325.

100 Cited in Doran, Kevin, Solidarity: A Synthesis of Personalism and Communalism in the Thought of Karol Wojtyla/John Paul II (New York: P. Lang, 1996), 213; see also 157–58, 213–17.

101 Baum, “Class Struggle and the Magisterium,” 693. As Baum maintains, Donal Dorr goes as far as to say that for John Paul “solidarity seems to play a role analogous to the phrase class struggle in Marxist writings.” Yet Dorr also shows how John Paul ultimately eschewed the idea of class struggle. See Dorr, Option for the Poor, 303.

102 See Zięba, Maciej, Niezwykły Pontyfikat (Krakow: Znak, 1997), 86101; and Weigel, George, The Final Revolution: The Resistance Church and the Collapse of Communism (New York: Oxford University Press, 1992), 77154.

103 Tischner, Józef, The Spirit of Solidarity, trans. Zaleski, Marek B. (San Francisco: Harper & Row, 1984), 8081.

104 See the homily in Gdynia at http://www.vatican.va/holy_father/john_paul_ii/homilies/1987/documents/hf_jp-ii_hom_19870611_gente-mare_pl.html. For similar views of solidarity and conflict, see Sobrino, Jon and Pico, Juan Hernández, Theology of Christian Solidarity, trans. Berryman, Philip (Maryknoll, NY: Orbis Books, 1985), 6162, 90, 94, 96; Romero, Oscar A., Voice of the Voiceless: The Four Pastoral Letters and Other Statements (Maryknoll, NY: Orbis Books, 1985); 181–83, 86.

105 See Tischner, The Spirit of Solidarity, 10–12, 71–74, 79–82; and John Paul II, Laborem Exercens, §20.

106 Wink, Walter, The Powers That Be: Theology for a New Millennium (New York: Doubleday, 1998), 143 (emphasis in the original). See also note 16 above. My use of the term “passivistic” is indebted to Wink.

107 See Pope Francis, Apostolic Exhortation Evangelii Gaudium, http://w2.vatican.va/content/francesco/en/apost_exhortations/documents/papa-francesco_esortazione-ap_20131124_evangelii-gaudium.html, §§36–37; John Paul II, Centesimus Annus, §42.

108 For example, James A. Gross stresses that American workers regularly face “violations of the right to life and limb” because the Occupational Safety and Health Administration (OSHA) fails to adequately regulate workplace safety. He states that about 65,000 American workers die annually from work-related illnesses or injuries. See Gross, A Shameful Business, 105.

109 See, e.g., book 19 in Augustine, The City of God against the Pagans, trans. and ed. Dyson, R. W. (London: Cambridge University Press, 1998), 909–64.

110 I am influenced here by Augustine's famous discussion of libido dominandi (the lust for power), which is a part of the human condition. See Augustine, The City of God, 19.4.920, 14.15.614; see also 19.12.936.

111 Daniel K. Finn, “Libertarian Heresy: The Fundamentalism of Free-Market Theology,” Commonweal, September 22, 2008, https://www.commonwealmagazine.org/libertarian-heresy-0.

112 This is why, for example, at least since Ambrose of Milan in the fourth century, Catholicism has traditionally endorsed the notion of a just war, which holds that sometimes war may be tragically necessary in order to promote peace and justice. See United States Conference of Catholic Bishops, The Challenge of Peace, §§56–70, 200, in O'Brien and Shannon, Catholic Social Thought, 504–7, 535–37. See also Cahill, Lisa Sowle, Love Your Enemies: Discipleship, Pacifism, and Just War Theory (Minneapolis: Fortress Press, 1993), 5859.

113 See John Paul II, Laborem Exercens, §21.

114 On the notion that CST sees unions as a remedy to an imbalance of power, I am indebted to Reich, With God on Our Side. In this vein, Brady's statement that Senator Wagner, author of the Wagner Act, was wrong to believe that “trust and cooperation” is only possible between two parties that have the equal ability to protect their rights. Brady, “Religious Organizations and Mandatory Collective Bargaining,” 137.

115 See John Paul II, Laborem Exercens, §8. For sources in CST that state or imply that unions are needed to correct an imbalance of power, see also Leo XIII, Rerum Novarum, §§47–49; John Paul II, Laborem Exercens, §§11, 14, 20; John Paul II, Centesimus Annus, §15; Benedict XVI, Caritas in Veritate, §25.

116 Compendium of the Social Doctrine of the Church, §301.

117 Ibid., §305. Charles Curran correctly argues that John Paul accepts that “struggle and conflict” will take place between labor and management. See Curran, Charles, The Moral Theology of John Paul II (London: T&T Clark, 2006), 210.

118 Caritas in Veritate, §25.

119 On the plight of workers, see Gross, A Shameful Business; Gallagher, Vincent A., The True Cost of Low Prices: The Violence of Globalization (Maryknoll, NY: Orbis Books, 2006); Senser, Robert A., Justice at Work: Globalization and the Human Rights of Workers (Bloomington, IN: Xlibris, 2009); Heymann, Jody and Earle, Alison, Raising the Global Floor: Dismantling the Myth That We Can't Afford Good Working Conditions for Everyone (Stanford, CA: Stanford University Press, 2009); Heymann, Jody, Forgotten Families: Ending the Growing Crisis Confronting Children and Working Parents in the Global Economy (Oxford: Oxford University Press, 2006).

120 See Bishop Stephen E. Blaire, “Placing Work and Workers at the Center of Economic Life,” September 3, 2012, http://www.usccb.org/issues-and-action/human-life-and-dignity/labor-employment/labor-day-statement-2012.cfm (my emphasis).

121 United States Conference of Catholic Bishops, “Respecting the Just Rights of Workers: Guidance and Options for Catholic Health Care and Unions” (2009), 6–7, http://www.usccb.org/issues-and-action/human-life-and-dignity/labor-employment/upload/respecting_the_just_rights_of_workers.pdf.

122 Stabile, “Blame It on Catholic Bishop,” 1342–43.

123 Finn, “Libertarian Heresy.”

124 Reich, With God on Our Side, 159 (emphasis in the original).

125 See “Just Employment Policy for Georgetown University,” http://publicaffairs.georgetown.edu/acbp/just-employment-policy.html.

126 Peter Schmidt, “Union Efforts on Behalf of Adjuncts Meet Resistance within Faculties' Ranks,” Chronicle of Higher Education, April 9, 2014, http://chronicle.com/article/Union-Efforts-on-Behalf-of/145833/.

127 Peter Schmidt, “Georgetown U. Adjuncts Vote to Unionize,” Chronicle of Higher Education, May 3, 2013, http://chronicle.com/article/Georgetown-U-Adjuncts-Vote-to/139069/. Le Moyne College has had an adjunct union since 2007; see http://lemoyne.edu/AZIndex/HumanResources/FacultyStaff/AdjunctFaculty/tabid/3036/Default.aspx.

128 Several Catholic university administrators have made this claim. See note 18 above. On the Georgetown negotiations, see Kevin Clarke, “Georgetown and Adjuncts Come to Terms,” America, October 10, 2014, http://americamagazine.org/content/all-things/georgetown-and-adjuncts-come-terms.

129 Holland, 100 Years of Catholic Social Teaching, 2.

130 Brady, “Religious Organizations and Mandatory Collective Bargaining,” 116. For an extensive discussion of CST and worker participation, see Beyer, Gerald J., Recovering Solidarity: Lessons from Poland's Unfinished Revolution (Notre Dame, IN: University of Notre Dame Press, 2010), 144–52.

131 Brady, “Religious Organizations and Mandatory Collective Bargaining,” 128–38.

132 Ibid., 132, 134 n. 373.

133 See Thomas Kochan, “4 Ideas Labor Unions Should Consider If They Want to Survive,” Cognoscenti, February 4, 2013, http://cognoscenti.wbur.org/2013/02/04/union-innovation-thomas-kochan.

134 Kochan, Thomas, “Editor's Introduction: Introduction to a Symposium on the Kaiser Permanente Labor Management Partnership,” Industrial Relations 47 (2008): 12. See also Thomas A. Kochan et al., “The Potential and Precariousness of Partnership: The Case of the Kaiser Permanente Labor Management Partnership,” ibid., 36–65.

135 See “Costco: The First Thirty Years,” Villanova University, http://campusevents.villanova.edu/vuevents/EventList.aspx?view=EventDetails&eventidn=9685&information_id=27707. See also Gerald F. Cavanagh, Jeanne M. David, and Simon J. Hendry, “Business Environmental and Workplace Reporting and Activities and Catholic Social Thought: A Practice-Based Approach to Education about CST,” 2008 Conference at University of Notre Dame, “Business Education and Catholic Universities: The Role of Mission-Driven Business Schools,” http://www.stthomas.edu/media/catholicstudies/center/johnaryaninstitute/conferences/2008-notredame/updatedpdflinks/GeraldCavanaghS.J.JeanneDavidandSiHendryS.J..pdf. This article maintains that Costco treats its workers in a way that reflects CST's principles of the dignity of the human person and solidarity. Moreover, Costco's workers are unionized, and the company fully accepts this fact: http://www.ufcw.org/2013/10/30/costco-an-example-of-the-union-difference/.

136 See John Paul II, Veritatis Splendor, §13.

137 Augustine, In Iohannis Evangelium Tractatus, 41, 10, cited in Veritatis Splendor, §13.

138 Gross, A Shameful Business, 63; see also 62–67, 71–73, 196, 204–5; and Reich, With God on Our Side, 163.

139 See Brady, “Religious Organizations and Mandatory Collective Bargaining,” 137–38. Fletcher cogently dispels stereotypes of unions, while admitting they can be corrupt just like any other institution; see Fletcher, “They're Bankrupting Us!”

140 See the historic Day of Pardon Mass, celebrated by Pope John Paul II on March 12, 2000. The full text is available at http://www.bc.edu/content/dam/files/research_sites/cjl/texts/cjrelations/resources/documents/catholic/johnpaulii/day_of_pardon_mass.htm.

141 Stabile, “Blame It on Catholic Bishop,” 1340. See also the source in note 6 above.

142 This should come as no surprise, as the majority of Catholics do not understand CST. See Sullins, Paul, “Catholic Social Teaching: What Do Catholics Know, and What Do They Believe?,” Catholic Social Science Review 7 (2003): 243–64. On the ignorance or rejection of CST on workers' rights by many Catholics, see Holland, 100 Years of Catholic Social Teaching, 1–13, 153–67.

143 See Rausch, Thomas P., Educating for Faith and Justice: Catholic Higher Education Today (Collegeville, MN: Liturgical Press, 2010), 19; and Hollenbach, “The Catholic University under the Sign of the Cross.”

145 New Testament scholar Alan Mitchell has argued that Paul found it particularly egregious for those Corinthians who had power and wealth to file lawsuits against poor Corinthians who had no chance to win in the courts. See Mitchell, Alan C.. “Rich and Poor in the Courts of Corinth: Litigiousness and Status in 1 Corinthians 6.1–11,” New Testament Studies 39, no. 4 (1993): 562–86. David Gushee has recently discussed this pericope in relation to efforts to counter gay rights by appealing to the courts to protect religious liberty. See David Gushee, “On Religious Liberty and Gay Rights: Who Would Jesus Sue?,” OnFaith, http://www.faithstreet.com/onfaith/2014/03/12/liberty-gay-rights-who-would-jesus-sue/31265.

146 William Spohn argues that discerning how a biblical passage relates to Chrisitian discipleship today entails thinking analogically or “spotting the rhyme.” Spohn, William C., What Are They Saying about Scripture and Ethics? (New York: Paulist Press, 1984), 100.

147 United States Catholic Conference of Bishops, Respecting the Just Rights of Workers: Guidance and Options for Catholic Health Care and Unions (Washington, DC: USCCB, 2009), 10; see also 6–7, http://www.usccb.org/issues-and-action/human-life-and-dignity/labor-employment/upload/respecting_the_just_rights_of_workers.pdf.

148 See Gregory and Russo, “The First Amendment and the Labor Relations of Religiously-Affiliated Employers,” 466.

149 Kaveny, M. Cathleen, “Appropriation of Evil: Cooperation's Mirror Image,” Theological Studies 61 (2000): 285–86.

150 Keenan, James F. and Kopfensteiner, Thomas R., “The Principle of Cooperation: Theologians Explain Material and Formal Cooperation,” Health Progress 76 (April 1995): 2327.

151 Senander, Angela, Scandal: The Catholic Church and Public Life (Collegeville, MN: Liturgical Press, 2012), 97.

152 See Pope John Paul II, Apostolic Constitution Ex Corde Ecclesiae, http://www.vatican.va/holy_father/john_paul_ii/apost_constitutions/documents/hf_jp-ii_apc_15081990_ex-corde-ecclesiae_en.html, part II, art. 4, §5; John Paul II, Centesimus Annus, §5; Benedict XVI, Caritas in Veritate, §§5, 9, 30, 31, 45; United States Catholic Conference of Bishops, Sharing Catholic Social Teaching: Challenges and Directions (Washington, DC: USCCB, 1998).

153 See John Paul II, Ex Corde Ecclesiae, §§31–37.

154 See Spohn, William C., “Developing a Moral Conscience in Jesuit Higher Education,” in Jesuit Education 21: Conference Proceedings of the Future of Jesuit Higher Education, ed. Tripole, Martin R. (Philadelphia: Saint Joseph's University Press, 2000), 389404.

155 Spohn, “Developing a Moral Conscience,” 393.

156 Metz, Johannes Baptist, “Messianic or Bourgeois Religion?,” in Faith and the Future: Essays on Theology, Solidarity, and Modernity, ed. Metz, Johannes Baptist and Moltmann, Jürgen (Maryknoll, NY: Orbis Books, 1995), 23. See also Rausch, Educating for Faith and Justice, 64.

157 Peter Steinfels, “Further Adrift: The American Church's Crisis of Attrition,” Commonweal, October 18, 2010, 16–20. Steinfels discusses the data from the 2008 Pew Forum on Religion and Public Life's U.S. Religious Landscape Survey.

158 See Rausch, Educating for Faith and Justice, 58–75. Rausch reviews numerous recent studies of young adult Catholics.

159 Hoge, Dean, Young Adult Catholics: Religion in the Culture of Choice (Notre Dame, IN: University of Notre Dame Press, 2001), 224. Cited in Rausch, Educating for Faith and Justice, 74.

160 John Paul II, Centesimus Annus, §5.

161 Pope Benedict XVI, Message of His Holiness Benedict XVI for the World Mission Sunday, http://w2.vatican.va/content/benedict-xvi/en/messages/missions/documents/hf_ben-xvi_mes_20110106_world-mission-day-2011.html. See also Paul VI, Evangelii Nuntiandi, §§13, 14, 27, 29, 31, 41; Francis, Evangelii Gaudium, §§176–87; and Compendium of the Social Doctrine of the Church, §§62–67.

162 John Paul II, Ex Corde Ecclesiae, Part I, §48.

163 John Paul II, Ex Corde Ecclesiae, Part I, §49 (emphasis in the original).

164 Pope Francis, Evangelii Gaudium, §134.

165 John Paul II and Pope Francis explicitly criticized neoliberalism as being at odds with the gospel. See John Paul II, Ecclesia in America, §56; and Francis, Evangelii Gaudium, §§53–54.

166 John Paul II, Centesimus Annus, §58 (emphasis in the original). See also Pope Francis' discussion of the “social dimension of evangelization” in Evangelii Gaudium, §§176–207.

167 On the meaning of this passage for discipleship, Spohn states, “We cannot expect good actions from a twisted character” (Spohn, William C., Go and Do Likewise: Jesus and Ethics [New York: Continuum, 1999], 110).

168 John Paul II, Ex Corde Ecclesiae, Part I, §21.

169 Second Vatican Council, Declaration on Religious Freedom (Dignitatis Humanae), http://www.vatican.va/archive/hist_councils/ii_vatican_council/documents/vat-ii_decl_19651207_dignitatis-humanae_en.html, §13. See Paul VI, Evangelii Nuntiandi, §§13, 14, 27, 29, 31, 41; John Paul II, Centesimus Annus, §§5, 54; Benedict XVI, Message of His Holiness Benedict XVI for the World Mission Sunday, http://www.vatican.va/holy_father/benedict_xvi/messages/missions/documents/hf_ben-xvi_mes_20110106_world-mission-day-2011_en.html; Francis, Evangelii Gaudium, §§176–87; and Compendium of the Social Doctrine of the Church, §§62–67.

170 Gutiérrez, Gustavo, “The Option for the Poor,” in Mysterium Liberationis: Fundamental Concepts of Liberation Theology, ed. Ellacuría, Ignacio and Sobrino, Jon (Maryknoll, NY: Orbis Books, 1993), 248–49.

171 Francis, Evangelii Gaudium, §§187, 198; see also §190.

172 United States Conference of Catholic Bishops, Respecting the Just Rights of Workers, 3.

173 John Paul II, Centesimus Annus, §40; see also §48; and Laborem Exercens, §18. John Paul deems the belief that the market alone can satisfy all human needs “idolatry of the market” (Centesimus Annus, §40). For further discussion of the role of the state and other duty bearers in fulfilling human rights, see Hehir, J. Bryan, “The Modern Catholic Church and Human Rights: The Impact of the Second Vatican Council,” in Christianity and Human Rights: An Introduction, ed. Witte, John Jr. and Alexander, Frank S. (Cambridge; New York: Cambridge University Press, 2010), 155–58; and Beyer, Recovering Solidarity, 38–43, 93–94, 100–105.

Keywords

Labor Unions, Adjuncts, and the Mission and Identity of Catholic Universities

  • Gerald J. Beyer (a1)

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