Liberty Insider

Going Postal

Three Angels Broadcasting Network

Program transcript

Participants: Lincoln Steed (Host), Alan Reinach

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Series Code: LI

Program Code: LI000135


00:22 Welcome to the Liberty Insider.
00:25 This is a program that brings you discussion
00:27 and lot of up-to-date news and information
00:29 and background information on Religious Liberty events
00:34 in the United States and overseas.
00:36 Today on the program I have with me is guest
00:38 Alan Reinach from the Church State Council.
00:41 You're an attorney Alan,
00:42 so I know you can speak authoritatively
00:44 on lot of the legal issues relating to freedom of religion
00:49 in the United States particularly.
00:51 You know the Post Office has a bad reputation doesn't it?
00:55 We've a saying, 'Going Postal'.
00:57 Well, I was about to say that.
00:58 I've been tempted to go postal, go postal.
00:59 I get so frustrated working with the Post Office.
01:01 As oppose to just a figure of speech,
01:03 they've been some postal employees
01:04 that have gone seriously postal,
01:06 mail them or mail them all around.
01:07 I think it's just reflective of how important
01:10 this institution is or this aspect of the government
01:13 A lot of people work many hours and under difficult conditions
01:17 to get out an increasing massive mail.
01:20 And we have to admire the dedicated workers who do.
01:22 You know there's a statement what is it?
01:23 Neither rain nor hail nor sleet
01:25 will stop the postman from his, his rounds.
01:27 And we depend on it, on, on,
01:31 on religious accommodation cases though,
01:34 I've noticed that an unusually large number
01:37 of those concern the Post Office.
01:39 We have, the Post Office is our best customer
01:42 when it comes to having problems with postal employees
01:48 needing to keep the Sabbath.
01:50 We've more problems with the Post Office
01:53 than probably the next ten biggest employers put together.
01:57 That must be for two basic reasons,
01:58 they've such a complex schedule
02:00 and constant activity that makes it difficult.
02:03 But they seem to be resistant to,
02:06 to accommodating someone by shuffling
02:08 the schedules to allow,
02:10 for in this case Sabbath observance from Sunday,
02:13 Friday, until Sunday and Saturday.
02:15 You have a very arcane system that management
02:20 and the Labor Union has contrived
02:23 that make it almost impossible
02:26 to provide accommodation for individual Adventist.
02:29 Yeah, that's unfortunate.
02:30 Now, there's a case that you were sharing with me
02:32 before the program in Loma Linda, California.
02:36 Well. A particular Post Office.
02:38 Up until the month of April of this year of 2011,
02:45 there were three communities in the United States
02:47 all Seventh-day Adventist communities,
02:50 where there was no Saturday mail delivery.
02:52 Were because they were predominantly
02:54 Adventist communities for generations.
02:57 The mail has been delivered on Sunday,
03:00 those three communities Collegedale, Tennessee,
03:03 Angwin California, Loma Linda, California,
03:06 home to Adventist College Towns.
03:10 In April, the Post Office in Loma Linda
03:15 began without any public comment without any public hearings,
03:18 or input of any kind,
03:20 arbitrarily ended Sunday mail delivery
03:24 and went to Saturday mail delivery.
03:26 One of the ironic things about this decision
03:30 is it for several years the Post Office
03:33 has been pushing in Congress
03:35 to eliminate Saturday mail delivery entirely.
03:39 This came to my mind when you told me about this.
03:41 This is backing the trend, isn't it?
03:43 Now, you know the community,
03:46 the Adventist community in Loma Linda,
03:49 for the most part is not all that concerned
03:52 about whether they get their mail on Saturday
03:55 or they get their mail on Sunday.
03:56 That's not really a huge emotional
03:59 or spiritual issue for them.
04:02 What has been lost in all of the public debate in the,
04:06 in the stories whether they're from the local newspapers
04:09 of even from the Adventist News?
04:12 Is it, there are four Seventh-day Adventist
04:15 Sabbath observing mail carriers in this Post Office,
04:19 who you know, coveted been able to work there
04:23 so that they could have Sabbath off.
04:26 And now they're gonna have to start working on Saturday.
04:28 So as the conditions were changed on them.
04:30 It's not like they, they walked in off the street
04:32 and has to be employed
04:33 and then immediately had a Sabbath problem.
04:36 It's been an arrangement that they've been accommodated gladly
04:40 for years and suddenly the rules have changed
04:42 on them, haven't they?
04:43 The Post-Office, whenever I've had dealings
04:47 with the Post Office with employees in Southern California
04:52 and we're trying to get them accommodated.
04:54 What do the Post Office lawyers and what do their people tell me
04:59 Maybe we can transfer them to Loma Linda.
05:01 And I laughed because of course I know that you know,
05:04 typically there are no openings in Loma Linda.
05:07 But people, Adventists who work for the Post-Office,
05:10 in one case,
05:11 one of the mail carriers, Ruth Gomez.
05:13 She had been working for 9 years
05:16 in another Post Office in Southern California,
05:20 delivering mail struggling to get as many Saturdays off
05:24 as she could using her vacation time
05:26 and trying to swap with other people,
05:29 and doing everything she could to avoid working
05:31 on Saturday with some success.
05:34 But, but not, you know,
05:35 still having to work Saturdays from time to time.
05:38 Finally, finally after 9 years,
05:42 she gets transferred to Loma Linda
05:44 and she shows up there, and she has told that
05:47 they're going to start delivering mail on Saturday.
05:49 So, the timing is very close on this,
05:50 you hadn't been their alone.
05:51 As soon as she got there,
05:52 she gets the letter that in one month.
05:54 Cruel order isn't it.
05:55 Now, Art Cortina, who is an elder
05:57 in his church in Fontana I believe it is.
06:01 Art has been a mail carrier for 25 years.
06:04 He's been at the Loma Linda Post Office
06:06 for more than a decade.
06:08 And has, he's very active in his local church,
06:11 he's had to resign his teaching as you know
06:15 Sabbath school teacher and a number of other positions
06:19 in the church, because he cannot in good conscience,
06:22 teach the young people to observe the Sabbath
06:26 and the teachings of the church when he knows that
06:28 he's gonna have to now go in and work on Saturdays
06:32 and deliver mail.
06:33 He just can't do it, it has, had a devastating impact
06:37 on these Adventist mail carriers.
06:41 Well, you know that's a personal issue
06:43 whether he would continue to work or resign his job.
06:47 But it seems very...
06:48 After 25 years, you gonna tell somebody to quit their job,
06:51 loose their home you know
06:52 I'm not gonna tell him about.
06:53 but, I'm trying to bring it back to the employer,
06:56 it seems that a government agency,
07:01 of a government that says,
07:02 it respects religious commitment of citizens
07:07 and there is a accommodation promised,
07:09 they just sort of cut them off with the pass,
07:11 this is not right, this is antithetical
07:13 to the principles of the constitution, isn't it?
07:15 Absolutely, and, and what's more?
07:17 And has there been a good faith effort to try
07:20 to arrange some accommodation for these employees.
07:23 Okay, look, at the low level,
07:27 we've them filed their EEO complaints right away
07:33 and a lawyer gets assigned.
07:35 And they'd say, okay, here's how the system works
07:37 and you can do this, you can do that,
07:39 you can try to swap, you can use vacation time
07:42 and all that, great.
07:44 So you can avoid working some Saturdays, it's true.
07:49 But there's no way that you can fully accommodate
07:52 in their system, one mail carrier much less four.
07:56 So it's inevitable that by changing
07:59 from Sunday to Saturday delivery either these folks
08:02 are gonna start working on Saturdays
08:04 or they're gonna get fired. Or transferred?
08:07 No, if you get transferred, you loose all of your seniority
08:12 within that Post Office that's the bizarre thing
08:16 about the way the Post Office works.
08:18 And so if you're transferred,
08:20 you've less chance of getting Saturday off, not more chance.
08:23 Well, I was about to say that seniority per se
08:25 that might be the cost of your faith.
08:28 But if it means that it's harder to get the accommodation
08:31 then there's a double, double trouble.
08:33 This system is designed against giving people
08:36 accommodation and that's bizarre.
08:38 And I do here because many of these cases
08:39 someone can't get it because they're not senior enough. Right
08:42 And that's, that's unfair
08:44 from the point of religious accommodation.
08:46 Not necessarily for the rights within,
08:48 I think seniority concept is good for loyal workers
08:51 within an organization but it's working
08:53 against religious accommodation.
08:55 In this case, my basic premise is that the decision
08:59 to change from Sunday to Saturday mail delivery
09:03 was itself discriminatory and it cannot stand.
09:07 Yeah, that's a dangerous,
09:11 it might be true but that's a very troubling situation.
09:13 It had a desperate, it had a desperate impact
09:16 on Seventh-day Adventist workers.
09:18 The Post Office knows Loma Linda
09:21 is a Seventh-day Adventist community,
09:23 it's well known, they know, that it attracts Adventists
09:27 who don't want to work on Saturday for religious reasons.
09:30 The decision was clearly discriminatory,
09:33 if the Post Office was subject to punitive damages,
09:37 this is a punitive damages case
09:39 if ever there was one, it was blatant.
09:41 Now, this is only in Loma Linda, not at Collegedale or not at....
09:43 Right, only in Loma Linda.
09:44 Now, you know, the Post Office claims,
09:48 that there are two reasons why they wanted to do this,
09:52 one is for an improvement in service
09:54 and that's get a little bit sticky as far as how that works
09:58 but it would be very insignificant improvement.
10:01 And the other is to save money
10:03 which is also rather insignificant cost savings.
10:08 My postal workers pointed out to me,
10:11 that the Post Office has been funding NASCAR,
10:14 they funded Lance Armstrong, you know,
10:17 the champion cyclist for many years.
10:21 They spend millions and millions and millions
10:23 of dollars on NASCAR, and Lance Armstrong.
10:26 It was public relations, isn't it?
10:27 And they're gonna save, you know, a few shackles,
10:30 a few pennies by on the back of these Adventist.
10:34 Money spend on Lance Armstrong and others
10:36 that's for public relations to put a good image.
10:39 And here, they're working in a manner
10:41 calculated to bring poor public relations.
10:44 So, may be a little expense they would be well spend
10:46 to carry favor with the community.
10:49 But it could make, if for few reasons
10:51 you and I don't understand
10:52 is decided to almost offend this local community.
10:58 Well, now that gets into speculation that I'm not,
11:01 I'm not prepared to deliver.
11:03 Good loyally response, but we hope that's not true.
11:05 We hope that there is on going respect
11:07 in this particular location as it should be anywhere for,
11:11 for deeply held religious faith.
11:13 Well, one of the reasons why I wanted to do this topic
11:17 with you is because the media has lost sight
11:20 of these four individuals whose lives,
11:24 who are suffering greatly because of this decision.
11:28 You know, I'm not concerned about whether there are citizens
11:33 who live in Loma Linda who are upset or not upset about
11:37 whether they're gonna get their mail on Saturday or Sunday
11:40 that to me is not a crucial issue.
11:45 But when Art Cortina, when Ruth Gomez are told
11:50 that you either violate your faith,
11:52 or you're out on the street with out a job.
11:55 This, and I know, and I've spend time with them.
11:58 I know what they're going through.
12:00 I know how much pain this is causing them and their families,
12:04 that's where my heart goes out to.
12:06 And frankly, I want to urge those watching this program
12:10 to pray about this situation because you know
12:13 we've got to get this decision reversed.
12:16 They've got to go back to the Sunday mail delivery
12:20 as long as they are gonna have weekend.
12:22 Or some charitable arrangement within the postal system
12:26 where they're not forced to compromise their faith.
12:29 The system won't accommodate four mail carriers
12:31 in a Post Office, they just won't.
12:34 That's a shame, a country that guarantees religious freedom,
12:38 by constitution, by history and really by common agreement
12:42 with most people, even those that are uncomfortable
12:44 with State Aid for religion.
12:46 They believe this is a country of religious freedom.
12:49 We'll be back after the break to discuss a little bit more
12:51 about not just this case but what is the plight of workers,
12:55 in the work place on religious freedom issues.
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15:04 Welcome back to the Liberty Insider.
15:06 Before the break I was talking with guest Attorney Alan Reinach
15:09 about an unusual case with the Post Office
15:12 in Loma Linda, California.
15:13 And we got talking what generally about religious
15:17 accommodation in the United States
15:19 and I want to bring it even more close at hand.
15:22 We're in clearly in the middle of an economic downturn
15:25 whether it's, still, added to turn up a little.
15:28 But these are...these are tough times.
15:31 We've lost 8 million jobs, I don't care how well
15:34 the stock market is rallying, we still are,
15:38 it's very tough times for many, many Americans.
15:41 Absolutely, and what that means is that the employee
15:43 is in a tighter situation in their work place,
15:47 there scene is expendable.
15:50 And more and more work employees,
15:52 employers rather are more likely to say,
15:55 well if you don't do what I say go out.
15:57 And I'm sure you're seeing more cases of this discrimination.
16:03 I'm buried Lincoln. I'm weary, I'm buried, we're overwhelmed
16:07 with a number of people not just Seventh-day Adventists
16:11 but of many faiths who are being fired
16:14 because of their religion.
16:17 People being fired for their religious expression,
16:20 but especially if you can't work 24/7,
16:24 there's a problems in the hiring process.
16:27 Increasingly we're seeing online applications.
16:30 We saw one where if you didn't say yes,
16:33 you know, are you available 24/7?
16:35 The application program terminated. Yeah.
16:38 You were terminated.
16:39 Yeah, Will Matus refined this but I think it's spreading.
16:42 To a fine art. Yeah, and it's turning back,
16:45 it in my view Labor Laws up to a century ago
16:50 not just threatening people's religious
16:52 accommodation but now, now....
16:54 People of any faith, if you wanted to go to church,
16:56 I don't care, if it's Friday, if it's Saturday,
16:59 if it's Sunday.
17:00 If you want to be a part of a regular weekly worship
17:02 service more and more companies will refuse to hire you
17:06 or will fire you.
17:07 Yeah. It's outrageous, we think we have
17:10 religious freedom in this country.
17:11 And we can't even keep our jobs and practice our faith.
17:16 Well, this country is codified religious freedom very nicely.
17:19 But there's always been a tension between that
17:22 and business interest, because this is a capitalist country,
17:25 apart from a Democratic Representative Government
17:28 but it's founded on capitalism.
17:30 Isn't that the religion of the Public Religion of America,
17:33 there's the almighty dollar?
17:35 We're getting into philosophy.
17:37 Now for a number of years the Seventh-day Adventist...
17:39 Protestant work ethic.
17:40 The Seventh-day Adventist church has expended
17:42 a lot of energy and direct expense through,
17:46 through employees in trying to argue with the coalition.
17:49 Now I think of a 50 other groups.
17:51 Right. For I think about six, seven years now,
17:54 for the work place is called a Workplace Religious Freedom Act.
17:57 I have to say, it's not going anywhere very quickly
18:00 on a federal level but did you want to discuss
18:03 this because it seems to me this is more needed
18:04 than ever before.
18:06 It is crucially needed that we have
18:08 the Workplace Religious Freedom Act.
18:10 And frankly because we've not had much success
18:14 convincing Congress.
18:16 There has been more and more energy devoted
18:18 to taking a new look at State Laws
18:21 and tweaking State Laws to make them stronger.
18:24 And that will work in some states,
18:27 it won't work universally.
18:29 But the law generally provides for what's known as a reasonable
18:35 accommodation short of an undue hardship.
18:38 Well, that's a fine balance except the Supreme Court
18:41 going back to a TWA case in 1977 neutered
18:46 the undue hardship requirement
18:48 and said it really doesn't amount to very much.
18:50 Any, any sort of hardship really is enough
18:55 for the company to deny the religious accommodation.
18:58 And so this proposed Legislation,
19:01 the Workplace Religious Freedom Act
19:04 would turn the obligation the other way round.
19:07 That you get it unless they could show why...
19:09 A genuine, the burden ought to be on the company
19:14 to provide you the accommodation unless it would be
19:17 a real hardship, significant difficulty or expense.
19:22 That's what the standard should be, that standard
19:25 was written into the Americans with Disabilities Act.
19:28 And it has meant that literally
19:30 thousands and thousands of Americans
19:32 with various disabilities have been able to either obtain
19:36 or retain jobs that they would otherwise have lost.
19:41 As I've seem some of the cases,
19:43 it seems to me they're very similar
19:44 to this post office.
19:45 Often an employer will, will accommodate say
19:51 Seventh-day Adventist who want Sabbath's off.
19:53 They will give them one, or maybe two,
19:55 or three Sabbath's off but not the others.
19:58 Now, if that's your principle, if that's your,
20:00 your deeply held conviction.
20:03 It's really not helping you much to give you some,
20:05 right, as the issue is, is your overall practice,
20:09 it isn't, you know, it's not, like, like the view
20:13 that the Catholics have storing up made in heaven,
20:15 you know, with some indulgences.
20:16 Now, you have to obey God, God gives requirements for...
20:22 practice of religion and now you worship Him.
20:24 And He doesn't say, you know, honor me a little bit here
20:27 but you can dishonor me another time,
20:28 so they have consistently.
20:30 We, first of all, we have, we have a, an illusion that
20:34 somewhere in large companies, somebody actually
20:38 understands the law.
20:39 For the most part that simply not true.
20:42 I've taken the testimony of human resources professionals,
20:47 and I've asked them, have you ever had
20:49 any training on religion, religious discrimination
20:51 or religious accommodation?
20:52 No. Do you have any books that you refer
20:56 to when this problem arose?
20:57 Did you consult with anything?
20:59 No. so, they don't consult with their lawyers,
21:02 they don't have the manuals and the books to tell them
21:06 what they're supposed to do.
21:07 They have no clue, and so companies typically think
21:10 well reasonable accommodation, okay, that means,
21:13 we can give you off sometimes on Saturday
21:16 but we don't have to give you every Saturday off
21:18 that would be unreasonable in their mind.
21:20 And this is what they're doing,
21:22 this is what I was trying to explain.
21:23 Exactly, exactly.
21:24 And it's, and it may even if it's well intentioned,
21:26 it's not really giving the accommodation that should be.
21:29 Now look, the political problem is very basic, okay.
21:34 The Republicans for all that they mouth off about,
21:38 you know, being family values and pro-religion,
21:42 they're in the pocket of business
21:44 and they will sacrifice religion.
21:48 It is so. Okay, you can say whatever you want,
21:51 they'll put business interest ahead of religious interest
21:54 every time.
21:55 The Democrats on the other hand, you know,
21:58 they have expressed awareness of the need
22:01 to build bridges with the faith community but guess what?
22:04 They don't, you know, they professed to be in favor
22:07 of civil rights, except for religious freedom rights.
22:10 So, you know, we've had sponsorship
22:13 from both parties but the reality is neither
22:15 party cares enough.
22:17 Well, there you're getting to the nitty-gritty,
22:19 and I've said on this program before that
22:21 the Workplace Religious Freedom Act,
22:24 didn't just have a big coalition of religious groups
22:26 pushing it, it had good bipartisan support.
22:29 It has had very strongly.
22:30 And for a long time, I couldn't figure why doesn't they go
22:32 through we?
22:33 And these were not just, you know, middle or lower level
22:36 ranking people, they were the top party leaders, Lincoln.
22:39 I think you put your finger on it that they have some interest
22:43 but not a conviction to follow through on it on both parties.
22:45 Probably the most significant Supreme Court decision
22:49 in recent memory was a case called Citizens United
22:52 that held the corporations or persons,
22:56 their free speech rights are protected
22:58 and therefore they can donate as much money
23:01 as they want to political campaigns.
23:03 What the Supreme Court did, was essentially validate corporate
23:08 ownership of our political system.
23:10 That's the most unfortunate decision of the Supreme Court
23:14 in recent years in my view.
23:15 It is very unfortunate decision, you bet, you know,
23:20 the old line from Rowan and Martin's Laugh,
23:23 and you bet your sweet bippy that our politicians
23:26 are bought and paid for, by the large corporate interest.
23:29 And if you think they can afford to, to you know,
23:33 counter those interests and they need particular very,
23:37 very difficult.
23:38 You know, as we're sitting here today,
23:40 the Senate next, the efforts to reign in tax benefits
23:46 for the big oil companies that are hurting us with you know,
23:51 gouging us with their prices at the gas pump.
23:55 And we're subsidizing them to gouge us, that is so insane.
24:00 Yeah, these are the matter of public policy
24:02 that we may or may not differ with on this program.
24:05 But when you compare it to what's done on religion,
24:08 I think there it's very telling.
24:11 There's a clearly demonstrated lack of concern
24:15 about the deep moral issue of religious accommodation
24:18 and yet business interest sort of trump.
24:20 And that's unfortunate regardless of whether or not
24:24 business controls the government maybe
24:26 that's the choice of the citizenry,
24:27 maybe that's the way it always has been.
24:29 But it's wrong when, when, when people's convictions
24:32 are sort of swept aside in favor of a big of money
24:35 and favor shown else where.
24:37 You know, at the risk of appearing two partisan here
24:42 But we're not partisan, we need
24:43 Well, we, we, no we we're not.
24:46 To equal opportunity criticizes. Criticize both the parties.
24:49 It's not the group party, it's a matter of
24:50 and we wouldn't even have this conversation perhaps
24:53 in some other countries, whether you have a country
24:56 as the United States that has a certain history
24:59 but then in it's founding document, the constitution,
25:02 it's enshrined to principle, not just a religious worship
25:08 and that's another program we heard the President
25:11 saying in our freedom of worship.
25:12 Now, Religious Liberty means that the government
25:15 will not fund it and you're free in your practice
25:17 of that religion.
25:18 But look, you pointed out maybe, you know, maybe,
25:21 we wanted this way as far as having
25:23 corporate domination in America.
25:25 And you know, we've always had this philosophy, you know,
25:28 what's good for General Motors is good for America that,
25:30 that we want to do what's good for big business.
25:33 I've wondered, well how it is, that right on the heels
25:38 of Wall Street ripping off Main Street
25:41 and trashing our economy that we've a populist movement
25:45 known as the Tea Party that's essentially doing the bidding
25:49 of Wall Street at the expense of their own self interest.
25:53 And what I've come to understand is it there is a very strong
25:57 affinity in American religion for capitalism
26:01 as an expression of American as part of his religion.
26:04 It's a whole different program and I think that's a
26:05 great fallacy, a grand fallacy that people bought into.
26:09 But somehow Capitalism is Biblical.
26:11 Communism, Capitalism, right, Holisms, a man structures
26:15 some better than others perhaps in a logical sense
26:18 or humanistic sense.
26:19 But God's system, the system of freedom of conscience
26:22 is above all of them and it should trump.
26:24 Liberty of conscience should trump but sadly it doesn't.
26:28 And the freedom of workers to practice their faith
26:32 and keep their jobs has been sacrificed
26:35 to the interest of corporations.
26:36 And frankly this is the critical religious freedom issue
26:41 in America today, is the rights of workers to keep their faith
26:45 Workplace Religious Freedom.
26:49 The Bible gives a number of clear markers that
26:52 we would expect to see at the very end of time
26:54 just before the return of Jesus Christ.
26:56 One of those predictions is for massive economic collapse.
27:01 And I don't know about you but what we saw
27:03 a couple of years ago when the global economy took
27:06 a more than a nosedive, a swan dive off the precipice.
27:12 That economic collapse has put a great deal of tension
27:16 between capital and labor.
27:18 It has put a great deal of stress on those
27:21 in the workplace, who're attempting
27:22 to stand for their faith.
27:24 Even though the law may defend them as it does
27:27 in the United States in particular.
27:29 There's often social pressures, there's often marginalization
27:32 and the threat that, yes indeed you may loose your job
27:36 because of your religious faith.
27:38 Somehow, we need to look to God's spirit as well as
27:42 to the law.
27:43 And realize that it's important to win this battle,
27:46 it's important to remain faithful.
27:48 It is not just a passing phase, this is something
27:52 that may indeed characterize capital and labor issues
27:56 right until the very end of time.
27:58 And as always through the ages,
28:00 it's important for God's people, people of faith,
28:04 to remain faithful and true.
28:07 For Liberty Insider this is Lincoln Steed.


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Revised 2014-12-17