Religious Objection
The National
Labor Relations Act, Title VII of the Civil Rights Act of 1964, and
the US Supreme Court decisions have
affirmed that individuals with strong religious beliefs against joining
or participating in labor unions, or beliefs that conflict with those
of a labor union, can keep some or all of their fees from being used by
the union. Typically the fees are levied at the same rate as
other employees, but given to some (nonpolitical and nonreligious)
charity mutually agreed upon by the union and the employee.
Tips for requesting religious objector status
1. Do NOT send in the payroll deduction card under any circumstances.
2. Go to the NRTW website and order the free booklet on religion and union dues or read the online version. It will walk you through the legalities of this approach and provide great detail and experience in getting religious objector status.
3. After reading the NRTW booklet, write your letter requesting religious objector status and send it to everyone you can think of in the Union and at work. Send it to the head of MSEA local 1989, to the head of SEIU, to your personnel officer, your supervisor, and anyone else you think might need to see it. This way it is clear that you stated your objections in writing. Be sure to send all letters certified mail, return receipt requested.
4. If your request is denied, IMMEDIATELY file a claim with the
Equal Employment Opportunity Commission (1-800-669-EEOC). This must be
done within 180 days of the alleged discriminatory act (in this case,
the Union's denial). If the EEOC office says your claim is not within
their jurisdiction, ask them to consult EEOC Compliance Manual, Field
Notes 112-1 (1.7) which includes this directive "...if the charging
party insists on filing a charge the charge should be taken". INSIST
that they take the charge.
5. MSEA is likely to tell you that any past-due amount (prior
to the date your religious objector application was submitted) must be
paid to MSEA even if you are granted such status. This is illegal
under Title VII of the Civil Rights Act of 1964. If you are
granted religious objector status, and are forced to pay past-due
amounts to MSEA anyway (in conflict of you religious belief), that also
is grounds for an EEOC complaint (see #4 above).
If you are denied religious objector status, please contact us as well, we may be able to help.