Question 5
You asked: What are the consequences if a member divorces from the union by donating dues to a religious organisation?
Let’s get into it.
The wording of the question is a little bit awkward but I understand the intent.
I will answer this question in two parts.
The role of the BC Labour Code and the Collective Bargaining Agreement mandating paying Union dues as a condition of employment, and
How an employee can be exempt from being a dues paying member of the Union and the ramifications of having a “religious exemption” .
My only experience with an employee applying for a religious exemption from belonging to the Union and/or paying Union dues is when the employee is first hired. It may be possible for an employee to “convert” to a religion after having already been in the Union and paying dues but I am not familiar with that happening. At the conclusion of my answer, however, I have provided a link to a BC Labour Board decision that is exactly on point about conversion years AFTER originally being hired.
I would also like to briefly explain the concept of “open and closed shops”. This is a labour term that is predominately found in the southern USA and speaks to legislation that allows employees who work for a unionized employer to choose whether or not they want to belong to the Union that is certified for their particular employer. Open shops allow both union and non-union employees to co-exist. The BC Labour Code does NOT allow for open shops in BC.
I have included a cut and paste portion of the BC Labour Code that specifically deals with the law in BC regarding “closed shops”. These are three Sections from Part 2 of the Code.
Collective agreement may provide for union membership
15(1) Nothing in this Code is to be construed as precluding the parties to a collective agreement from inserting in it, or carrying out, a provision
(a) requiring membership in a specified trade union as a condition of employment, or
(b) granting preference in employment to members of a specified trade union.
(2) Despite subsection (1), a trade union or person acting on its behalf must not require an employer to terminate the employment of an employee due to the employee's expulsion or suspension from that trade union on the ground that the employee is or was a member of another trade union.
Assignment of fees and dues
16(1) An employer must honour an employee's written assignment of wages to a trade union certified as the bargaining agent for the employer's employees under this Code, unless the assignment is declared null and void by the board, or is revoked by the assignor.
(2) The assignment must be substantially in the following form:
To [name of employer].
Until this authority is revoked by me in writing, I authorize you to deduct from my wages and to pay to [name of the trade union] fees and dues in the amounts following:
(1) Initiation fees in the amount $__________;
(2) Dues of $__________ per __________;
(3) Dues of _____% of hourly, weekly or monthly wages.
(3) Unless an assignor of wages revokes the assignment by written notice to the employer, or the board declares an assignment to be null and void, the employer must remit at least once each month to the trade union certified under this Code and named in the assignment the fees and dues deducted, with a written statementcontaining the names of the employees for whom deductions were made and the amount of each deduction.
(4) If an assignment is revoked, the employer must give a copy of the revocation to the assignee.
(5) Despite subsections (1), (2) and (3), the employer has no financial responsibility for the fees or dues of an employee, unless the employer owes the employee sufficient unpaid wages to pay the fees and dues assigned.
Religious objections
17(1) If the board is satisfied that an employee, because of the employee's religious conviction or belief
(a) objects to joining trade unions generally, or
(b) objects to the paying of dues or other assessments to trade unions generally
the board may order that the provisions of a collective agreement of the type referred to in section 15 do not apply to the employee and that the employee is not required to join a trade union, to be or continue to be a member of a trade union, or to pay any dues, fees or assessments to the trade union, if amounts equal to any initiation fees, dues or other assessments are paid by the employee to or are remitted by the employer to a charitable organization registered as a charitable organization in Canada under Part I of the Income Tax Act (Canada) that may be designated by the board.
Consistent with Section 15 of the Code, the Unifor 111 Collective Bargaining Agreement (CBA) stipulates mandatory participation in Local 111 as a condition of employment. This is the relevant section of the current CMBC – UNIFOR 111 CBA:
2.00 UNION RECOGNITION AND SECURITY
2.01 Recognition
The Employer recognizes the Union and will not discriminate against any employees because they are a member or officer of the Union. The Employer also recognizes any employee elected or appointed to act as a full-time officer of the Union and such an officer shall be granted access to the Employer premises at all reasonable times upon application to the Employer manager in charge. Any qualified Union officer, including Union designatedJob Stewards, shall be recognized by the Employer in discussing any grievance under the terms of the Grievance Procedure as set out in Article G 3.00.
2.02 Security
New employees shall become immediately upon hire and shall remain thereafter, members of the Union in good standing as a condition of their continued employment with the Employer in any job classification covered by the Union. Employees who fail to maintain their membership in good standing in the Union, as determined by the Union, shall be discharged after ten (10) days written notice to the Employer by the Union of the employees' failure to maintain their membership in good standing. Provided that, should the Union notify the Employer, in writing, within the said ten (10) day period that the member is again a member in good standing, the original discharge notice to the Employer shall be deemed to be null and void and, accordingly, the said member shall not be discharged.
2.03 Assignment of Fees, Dues, and Assessments
Employees shall, as a condition of employment, authorize the Employer to deduct from their wages initiation fees, monthly dues, and assessments as determined by the appropriate Local of the Union.
2.03.1 Authorization Form
The authorization form shall contain, in substance, the following: To: I hereby authorize you to deduct from my wages and to pay to Local of the Unifor, the initiation fees of $ and dues in the amount of $ per or dues of % of wages deducted monthly or such amounts of dues amended from time to time by the Local Union and assessments levied by the Local Union on all members of the Local Union employed by you. Date: Employee
2.03.2
The Employer agrees to deduct initiation fees, dues, and general assessments from an employee authorizing it to do so on behalf of the appropriate Local Union and agrees to remit that assignment to the Local Union each month together with a list of the employees from whom dues were so deducted. …
It is always my intent to provide you with excerpts from the actual “authorities” that govern the topic we are discussing. In response to this question I have included both the BC Labour Code sections as well as the corresponding CBA sections.
I would also strongly recommend going to the following BCLRB link for even more information and, at the bottom of the page you will find links to “Leading Decisions” on the topic of Section 17 Religious Exemption. As I have mentioned in a previous blog answer that you can find here, the BC Labour Board decisions are an absolutely outstanding source of information and education on your labour rights and how they are administered.
https://www.lrb.bc.ca/religious-exemption
The Labour Board provides “topic discussion” pages for all of the Sections of the Code and any reader interested in advanced research would be well advised to check them out for each Section of the Code.
I am also including a link to a fascinating case that actually deals not so much with an original decision about whether or not an employee was entitled to Section 17 exemption but, rather, a “reconsideration” of the original decision that the employee was NOT entitled to exemption.
An interesting aspect of this case is that the employee had been a dues paying Union member for more than two decades before applying for exemption.
https://www.lrb.bc.ca/media/16518/download?inline
Thank you for your most interesting question.