Unions Against Religious Beliefs

sdiconza

We have an employee who refuses to join the union because he says it violates his religious (not political) practice to not join or affiliate with outside organizations. I honestly don't know what religion this employee is, nor have I asked for fear of pushing him too far. Although this is currently between him and the union, I am curious if anyone has dealt with this issue before. My guess is that a legitimate religious belief will trump a union, but wasn't sure if this issue has been tested before.

 Any ideas?  Thanks!

SFbay

I remember reading about a similar case.  I found a summary of it on the Department of Justice website. I think it has since been settled.  I hope it helps:

 http://www.usdoj.gov/crt/religdisc/newsletter/focus_13.htm

Suit Alleges
Religious Discrimination in Ohio Union Fee
Rules

The Civil
Rights Division filed a religious discrimination suit against
the State of Ohio and its employee union on August 26, charging that employees
are being forced to support the union over their religious
objections.

Under the
collective bargaining agreement between the Ohio Civil Service Employees
Association, AFSCME, Local 11, AFL-CIO and the state, employees must either join
the union or pay the union a representation service fee. The agreement contains
a provision accommodating the conscientious objections of some employees who
have religious objections to supporting the union. Employees who are members of
churches that have “historically held conscientious objections to joining or
financially supporting” unions are permitted to pay an amount equal to the union
service fee to a charity mutually agreeable to the employee and the union.
However, Ohio and the union have refused to extend this exemption to state
employees with sincere religious beliefs against supporting the union, but who
do not belong to such churches with histories of opposition to supporting
unions.

An employee of
the Ohio Environmental Protection Agency, Glen Greenwood, is a Presbyterian who
has a religious objection to supporting the union on the grounds that the union
and its affiliates support abortion and same-sex marriage. He sought to direct
his union fees to a mutually agreeable charity, but his claim was rejected by
the Ohio State Employment Relations Board on the grounds that the Presbyterian
Church did not have a historically held position against joining or supporting
unions, and that his religious objection was personal in nature. He then filed a
charge with the Equal Employment Opportunity Commission, which unsuccessfully
tried to mediate the dispute. The EEOC then referred the case to the Civil
Rights Division.

The Civil
Rights Division complaint alleges that the State of Ohio, the Ohio Environmental
Protection Agency and the Ohio Department of Administrative Services
discriminated against Mr. Greenwood on the basis of religion in violation of Title VII of the Civil Rights Act of
1964 by failing to give him the same treatment for his sincerely held
religious beliefs as is accorded members of churches that historically have
opposed association with unions. The complaint also alleges that the state
defendants have engaged in a pattern or practice of discrimination. The
complaint thus seeks relief not only for Mr. Greenwood, but for all other
employees with sincere religious beliefs against joining or supporting the
union. The union and the Ohio State Employment Relations Board were joined in
the suit as indispensable parties. The suit seeks a court order requiring that
all those with sincere religious objections to supporting the union be given the
opportunity to direct their fees to charity.

Acting
Assistant Attorney General Bradley J. Schlozman stated: “The union-fee system in
Ohio discriminates in favor of members of those churches with long histories of
opposing unions, and against individuals who have religious objections to
supporting a union that are just as sincere. Such discrimination is forbidden by
the civil rights laws and must end.”

 

sdiconza

That is great -- it does help. Thanks!

IrisD

I just saw an article that says when a collective bargaining agreement is in effect requiring an employee to join a labor union, the employer and the labor organization should consider allowing an employee whose religious beliefs conflct with union membership not to join but to donate a sum equivalent to the dues to a charitable organization.