Gravediggers’ Union Bid Stalled

The National Labor Relations Board in Los Angeles dealt a blow Tuesday to an organizing campaign aimed at unionizing gravediggers who work at 10 cemeteries operated by the Roman Catholic Archdiocese of Los Angeles.

“The cemetery operations are integral to the Catholic Church’s religious mission and rituals” and therefore outside the jurisdiction of the National Labor Relations Act, said the board in an opinion signed by Regional Director Victoria E. Aguayo.

In her decision, Aguayo acknowledged that the case record indicated that the workers “spend a majority of their time performing internment and maintenance functions, work which is unconnected with the cemeteries’ religious activities.” But she went on to say that sometimes the men are called upon to take part in religious rites at the cemeteries.

For example, the opinion said the employees at two of the mausoleums “sometimes serve as acolytes during Mass. In that capacity, they assist the priests in various rituals by holding water and wine and answering prayers.” However, the opinion specifically notes that there is no requirement that the workers be members of the Catholic Church.

Lawyers for the archdiocese argued and Aguayo agreed that if the NLRB asserted its jurisdiction over the cemeteries’ employment practices it would create the potential for “excessive entanglement by the board in the Archdiocese’s religious activities,” which would violate First Amendment rights.

The Amalgamated Clothing and Textile Workers has been waging a vigorous campaign to organize the workers for several months. This has created a potentially embarrassing situation for Archbishop Roger M. Mahony, who has long been an outspoken supporter of workers’ rights, but has refused to grant voluntary recognition to the union. In July, the union said that 120 of the 140 gravediggers employed by the Archdiocese had signed cards saying they wanted union representation.

Cristina Vasquez, a union spokeswoman, criticized Aguayo’s decision as “unjust.” However, she said that the union would not appeal to the NLRB in Washington because it could take five years before the appeal is resolved.

Rather, she said, the workers and the union will continue to press Mahony to grant recognition to the union.

Attempts by The Times to secure comment from Mahony were unsuccessful.