Archbishop Mahony Objects to a Column on Union Organizing of Cemetery Workers

Harry Bernstein (“Church, Union Saga Is Far From Over,” Dec. 19) mistakenly argues that the Los Angeles Archdiocese has continued an energetic program to interfere with our Catholic cemetery workers’ right to belong to a union.

In 1987, I was presented with signed petitions by local leaders of the Amalgamated Clothing Trade Workers Union alleging that a majority of our workers wanted to be represented by them.

Having spent years involved in the efforts to organize California farm workers, I had been greatly disillusioned by the tactics used by unions to get employees to sign petitions. I believed more appropriate methods existed for determining workers’ preferences.

Consistent teachings of the Catholic Church as well as the National Labor Relations Act call for the right of workers to “freely choose” whether to belong to a labor union. My concern over this right led me to insist upon a secret ballot election.

I asked that the National Labor Relations Board conduct this election since it had the history and experience to do so. After some time, the NLRB ruled that the church cemeteries were exempted from its jurisdiction.

I then requested that another independent agency carry out the election. The State Mediation and Conciliation Service agreed to conduct the election, which was set for early January, 1989.

The Archdiocese and ACTWU reached an oral agreement on the type of conduct to be observed by all parties for 60 days prior to the election. Subsequent organizing tactics (including slashing tires, damaging cars, making threatening phone calls, etc.), oral and written assaults on the church’s credibility, and increasing threats by union organizers were so severe that I demanded the election be postponed one month. A formal agreement was then signed governing the conduct of the election.

It is not true, as Bernstein’s column states, that I went around visiting our cemeteries in order to talk workers out of voting for the union. I did visit the workers--at their invitation.

They had been given so many misstatements by union organizers that they insisted on asking me directly for a response. For example, the union told them that if the archdiocese won the election, I would immediately cancel all their salary increases, more generous medical plan and improved retirement plan. I could not allow blatant lies to go unchallenged.

Last February’s election was won by ACTWU by a 66-62 vote. After the vote count, several cemetery employees complained about threats and intimidation tactics by the union and its supporters.

Since our agreement with the union provided for a hearing process to review any complaints that would affect the election’s outcome, the archdiocese requested a hearing. Some 20 workers testified under oath about the fear, threats and intimidations they felt constantly.

The special hearing panel finally decided 2 to 1 that there had been intimidation and numerous threats sufficient to justify the archdiocese’s termination of several employees (although we terminated only three), but insufficient to affect the outcome of the election. Such illogical reasoning is contrary to NLRB and appellate court precedents. Even more baffling was the majority finding that threats are only genuine threats when the intended action is really carried out.

As soon as the panel’s decision was announced, I began receiving petitions and other expressions from the cemetery workers that they did not wish to be represented by the union. Instead, they wanted to continue with the process now in place to deal with various issues affecting wages, benefits and working conditions. To date, six cemeteries have sent me unsolicited petitions to this effect signed by 114 workers.

The major issue of principle remains: Do the archdiocese’s cemetery workers wish to be represented by a union?

The archdiocese in 1986 began an extensive process to improve wages, benefits and working conditions for all archdiocesan employees--long before the union came along. It will continue for all the years to come. That is a commitment by the Catholic Church.

I will continue to be active in working for the well-being of all our employees. We have instituted Employee Advisory Councils throughout the archdiocese to engage all our employees in the full mission of the church and to enable them to help in determining the relationship and working conditions which the archdiocese offers.

Employment with the Catholic Church is different from employment with secular institutions. It automatically involves the employees in the work of the Gospel. Employer and employees are joined together as co-workers in the church’s programs, apostolates and ministries. The NLRB has long recognized this special position of the church as employer.

Bernstein appears to view the church’s mission as a tactic to thwart unions. That is simply nonsense.

ARCHBISHOP ROGER MAHONY

Archdiocese of Los Angeles