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June 24, 1977 - Image 13

Resource type:
Text
Publication:
The Detroit Jewish News, 1977-06-24

Disclaimer: Computer generated plain text may have errors. Read more about this.

1171111111•1111111

,-

THE DETROIT JEWISH NEWS

Concessions to Orthodox Coalition Partners are Argued

(Continued from Page 12)
Members of the Aguda will
sit on various Knessel com-
mittees and the Aguda will
have a free hand on reli-
gion-related matters before
the Knesset.
In the political sphere,
the coalition agreement re-
peats Likud's basic declara-
tion of "the historic and
eternal right of Israel to
Eretz Israel" which, accord-
accord-

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10) ‘ ,130
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ing to Likud, includes all of
the West Bank and Gaza
Strip.
But the coalition also af-
firmed its readiness to par-
ticipate in the Geneva con-
ference on the basis of Secu-
rity Council Resolutions 242
and 338. It calls on the
neighboring Arab countries
to start negotiations without
any pre-conditions.
It promises not to impose
Israeli laws on the adminis-
tered territories as long as
peace talks are underway
or progress toward peace
talks is being made. It
pledges to abide by agree-
ments signed by previous
governments as long as
there is no peace agree-
ment to replace them.
The new coalition prom-
ises to act to check in-
flation, increase aliya and
fight "yerida"—the emigra-
tion of Israelis. In the eco-
nomicsphere the incoming

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government pledged efforts
to reach agreement for a
five-day work week, a min-
imum wage law equal to
the average wages in Is-
rael's economy, a pension
bill allowing for worker mo-
bility and government spon-
sorship of rental flats.
The coalition agreement
brought outcries from sever-
al Reform and Conserva-
tive groups. The newly-
elected president of the Cen-
tral Conference of Ameri-
can Rabbis denounced "the
threat of the Likud-religious
party coalition to revise the
Law of Return in Israel to
exclude Jews and their fam-
ilies who have been con-
verted by Conservative and
Reform rabbis."
Rabbi Ely E. Pilchik of -
Short Hills, N.J., was elect-
ed head of the 1,300-mem-
ber association of Reform
rabbis at the CCAR 88th an-
nual convention.
Pilchik also declared that

"the American Jewish Com-
munity...surely does not be-
lieve that the state of Israel
was established and has
been sustained these past 29
years for the purpose of dis-
enfranchising Jews from
the peoplehood of Israel."
Pilchik said his group
would consult with the Con-
servative movement to plan
a course of action.
Opposition has also been
expressed by the World
Council of Synagogues, um-
brella organization for the
Conservative movement,
and the Israel Movement
for Progressive Judaism.
Pilchik's opposition was
rejected at the annual meet-
ing of the Rabbinical Coun-
cil of America by its presi-
dent, Rabbi Walter S. Wur-
zberger. He said the op-
posed amendment to the
Law of Return "has no
bearing at all on the issue
of religious discrimination.
"It solely designed to en-

Employer Can't Override Union
to Suit Shabat Observer: Court

WASHINGTON (JTA )-
The U.S. Supreme Court, in
a ruling which inferentially
sustained for the first time
the constitutionality of a fed-
eral law protecting the job
rights of Sabbath observers,
held that an employer can-
not be expected to override
a seniority agreement with
his union to accommodate a
Sabbath observer.
The case involved a
Trans World Airlines work-
er, Larry Hardison, a mem-
ber of the Worldwide
Church of God, whose adhe-
rents observe the same Sab-
bath as do Jews. He was
fired for refusing to work
Saturdays after the Inter-
national Association of Ma-
chinists refused to waive
seniority rules on his be-
half.
Hardison sued under a
1972 amendment to the 1964
Civil Rights Act which pro-
vides that an employer
must seek to "reasonably
accommodate" to the reli-
gious practices of an obser-
vant employe or prospec-
tive employe, unless to do
so would credit "undue
hardship" for the employ-
er's business. The amend-
ment was prepared by the
National Jewish Commis-
sion on Law and Public Af-
fairs (COLPA).
A federal District Court
upheld Hardison's dismissal
on grounds that an employ-
er could refuse to accom-
modate io an employe's reli-
gious needs if that employ-
er's union contract provides
for shift assignments on a
seniority basis and if the
union refused to waive such
contract provisions to ac-
commodate the observant
employe. A federal Appeals
Court reversed the ruling,
and the airlines and the
union then appealed to the
Supreme Court.
The court held, 7-2. that
TWA was not guilty of reli-
gious discrimination for re-
fusing to breach a union sen-
iority system to give Hardi-
son time off on his Sabbath.
(In New York, Sidney
Kwestel, COLPA president.
said the Supreme Court rul-

ing did not deal directly
with the constitutionality of
the 1972 amendment, but af-
firmed it indirectly in ap-
plying the provision exempt-
ing the airline on "undue
hardship" grounds. Kwestel
said that the impact of the
"narrow" decision on Sab-
bath observer cases in
lower courts will depend on
how those courts will con-
strue today's ruling. Noting
that this was the first time
the Supreme Courthad con-
sidered the role of union
rules in such situations,
Kwestel said, pending more
extended analysis of the rul-
ing. COLPA was confident
that the job rights of Sab-
bath observers under the
1972 amendment would con-
tinue to be protected in the
courts.)

able Israel to continue to
function as a Jewish state
which can serve as a spirit-
ual homeland for all Jews
throughout the world. Jew-
ish spirituality has always
expressed itself in rever-
ence for religious law. I
therefore appeal to the lead-
ers of Conservative and Re-
form Judaism to desist
from agitation for obliter-
ation of the last vestiges of
Halakhic authority in Is-
rael's public life."

Friday, June 24, 1977 13

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