Religious Objectors

Religious objectors are individuals who do not want to belong to a union for reasons of conscience. Many members have sincere religious convictions that are violated by union causes. Federal and state laws do not allow unions or employers to force employees to violate their religious convictions as a condition of employment.

Although religious objectors are not able to request an agency-fee type refund, they pay no dues to the union. Instead, they are no longer members of the union, and 100 percent of their union fees go to a charity they help choose.

The local union will determine whether a religious objection is both religious and genuine. Local union presidents handle the religious objection in different ways. Some are graciously accommodating, while others impose hurdles that make securing the exemption unlikely. If the local union rejects an employee’s petition, the employee may appeal to the Public Employment Relations Commission.

How can I become a religious objector?

1. Consider your religious beliefs: Legal experts advise teachers to begin the religious objection process by identifying a sincerely-held religious belief that is in conflict with a union practice or policy. Courts often define protected religious beliefs by ruling that there must be a conflict between the employee’s religious conviction and a work requirement (i.e., paying fees to a union that promotes causes that violate your religious beliefs).

Title VII of the Civil Rights Act does not cover political or philosophical beliefs; it only protects sincere religious beliefs. There is one key question for determining whether a belief is religious instead of political or philosophical: Is the belief based on an obligation to some "higher power" (e.g., a supernatural being, multiple gods, a spiritual force)? Are you simply opposed to unions and their politics in general -- or does a faith-based obligation require you to break ties with the union? If your religious beliefs will be violated by supporting the union, then you are qualified to become a religious objector.

2. Communicate your religious beliefs: After identifying a conflict between your religious beliefs and financially supporting the union, the law requires that you communicate with your union and employer about the conflict. The best way to do this is through a religious accommodation request letter. This isn't the time to condemn or preach against immoral union policy. Instead, the letter should be designed to inform the union and employer about the conflict and persuade them to cooperate with you in working out a solution.

In the letter, describe the offensive practice or policy (i.e., paying union fees to promote causes like abortion or homosexuality) and then briefly state that this work requirement is in conflict with your sincere religious beliefs.

Next, explain your religious beliefs. If they are based on the Bible, cite passages that support your beliefs. If your conviction is based on some other authority, such as religious teaching or church doctrine, then quote the authority and explain how it influences your belief. At this point it also helps to describe how your beliefs have made a practical impact on your life.

Finally, your letter should ask the union and employer to accommodate your religious beliefs by allowing you to redirect your union fees to a non-religious charity of your choice or to a religious charity agreed upon by you and the union. These provisions apply to most public employees in Washington state. (Workers unionized under RCW 41.80 must work through their union's charitable fund.)

Once your letter is complete, you should send a copy to affiliates at each level of the union (local, state, regional, and national) that receives a portion of your fees. You should also send a copy to your employer and any supervisors who can help accommodate your beliefs. Be sure to date the letter, as the union will have 60 days to respond. It is best to send these letters certified, return receipt requested.

3. Cooperate toward a solution: Although the law requires unions and employers to work toward an accommodation once they're aware of your religious objection, common sense (and some case law) suggests you cooperate with them in settling the religious conflict. While Title VII guards against religious discrimination, it also offers some legal protection for unions and employers: they do not have to offer an accommodation that causes them undue hardship. The U.S. Supreme Court has defined "undue hardship" as a minimal cost. Such a low standard should compel you to work toward a solution that will be convenient and cost-effective for the union and your employer.

4. Count the cost: Teachers should be aware that they may lose some benefits by opting out of the union. Unions typically prevent nonmembers from: 1) holding union office, 2) voting on union elected officers, and 3) keeping their union-provided legal liability insurance. Some locals also may prevent nonmembers from voting on workplace issues like their contract.

However, there are some options to either protect or replace these benefits. For instance, teachers can secure liability insurance apart from the union.

Additional resources

Legal aid:

Bruce Cameron
National Right to Work Legal Defense Foundation
8001 Braddock Road, Suite 600
Springfield, VA 22160
Phone: 800.336.3600
Website: www.nrtw.org
Email: legal@nrtw.org

Independent teacher organizations:

Northwest Professional Educators
PO Box 28496
Spokane, WA 99228-8496
Phone: 800.380.6973
Website: www.nwpe.org
Email: info@nwpe.org

Association of American Educators
25201 Paseo de Alicia, Suite 104
Laguna Hills, CA 92653
Phone: 800.704.7799
Website: www.aaeteachers.org
Email: info@aaeteachers.org

Christian Educators Association International
PO Box 41300
Pasadena, CA 91114
Phone: 888.798.1124
Website: www.ceai.org
Email: info@ceai.org

Publications:

When Values Collide: Teachers, Unions, and the Charity Option (PDF)

When Values Collide: Teachers, Unions, and the Charity Option (DOC)

Union Dues And Religious Do Nots

Religious Liberty and Compulsory Unionism: A Worker's Guide to Using Union Dues for Charity