The applicant, a university professor, applied under section 47 of the Labour Relations Act for an exemption from paying mandatory union dues to the faculty association on the basis of his religious beliefs.
The Ontario Labour Relations Board applied the three-part Wybinga test.
While the Board accepted that the applicant held sincere religious beliefs, it found that his objections to the union were primarily socio-political, relating to the adversarial nature of unions in a university setting and the impact of strikes on students.
The majority concluded that the applicant was rationalizing his general objections to trade unions in terms of his religious beliefs, and dismissed the application.
One member dissented, finding the religious objection bona fide.