[1981] OLRB Rep. May 579
0100-81-M William F. Morgan, Applicant, v. Bakery, Confectionary and Tobacco Workers International Union Local Number 284: Mr. Don Szmon, Respondent, v. The Shaw Bakery Company Limited, Respondent.
BEFORE: George W. Adams, Chairman, and Board Members D. B. Archer and J. Wilson.
APPEARANCES: William F. Morgan on his own behalf and Morris Zimmerman and Wayne Clarke for the respondent trade union; and no one appearing for the respondent employer.
DECISION OF THE BOARD; May 19, 1981
The applicant has applied for exemption on the grounds of religious conviction or belief from the union security provisions in a collective agreement.
The employer and trade union have had a collective bargaining relationship for many years and the union security provision of their collective agreements have remained unaltered for at least the last ten years. The applicant was hired May 2, 1977 and is a driver/ salesman. On joining the employer he became a member of the union as required by the collective agreement and has paid union dues. He is a member of the Marathon Baptist Church and is a deacon. Some time after December 1980 and for reasons not relevant to this application, he concluded that his association with the respondent union was inconsistent with his religious beliefs. Moreover, he has been advised recently that he cannot remain a member of his church if he continues as a member of the union. The respondent union does not contest the bona fides of his religious beliefs. It does, however, dispute the Board's jurisdiction to grant an exemption.
Section 39 of The Labour Relations Act provides:
39.-(l) Where the Board is satisfied that an employee because of his religious conviction or belief,
(a) objects to joining a trade union; or
objects to the paying of dues or other assessments to a trade
union,
the Board may order that the provisions of a collective agreement of the type mentioned in clause (a) of subsection 1 of section 38 do not apply to such employee and that the employee is not required to join the trade union, to be or continue to be a member of the trade union, or to pay any dues, fees or assessments to the trade union, provided that 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 mutually agreed upon by the employer and the trade union, but if the employee and the trade union fail to so agree then to such charitable organization registered as a charitable organization in Canada under Part I of the Inccme Tax Act (Canada) as may be designated by the Board.
(2) Subsection 1 applies,
(a) subject to clause (b), to employees in the employ of an employer at the time a collective agreement containing a provision of the kind mentioned in subsection 1 is first entered into with that employer and only during the life of such collective agreement;
and
(b) where a collective agreement in force before the 15th day of February 1971 contains the provision mentioned in subsection 1, to employees in the employ of the employer on the 15th day of February, 1971 and only during the life of such collective agreement, and does not apply to employees whose employment commences after the entering into of the collective agreement when clause (a) applies, or on or after the 15th day of February, 1971, when clause (b) applies.
It can be seen from subsection 2 of section 39 that the Board may order that an employee be exempted from both union membership and related obligations only for the life of the first collective agreement containing such provisions and provided that the applicant employee was in the employ of the employer at the time that collective agreement was entered into. On the facts before us in the instant case, the applicant has not brought himself within these requirements.
The application is dismissed.