Ontario Labour Relations Board
[1990] OLRB Rep. February 157
2078-89-M Glenn A. Gilmore, Applicant v. CAW TCA, Respondent Trade Union v. John Deere Welland Works, Respondent Employer
BEFORE: Robert Herman, Vice-Chair, and Board Members B. L. Armstrong and W. H. Wightman.
APPEARANCES: Glenn Gilmore on his own behalf; Bill Orr for the respondent.
DECISION OF THE BOARD; February 12, 1990
1This is an application pursuant to section 47 of the Labour Relations Act.
2Section 47(1) reads as follows:
47.-(1) Where the Board is satisfied that an employee because of his religious conviction or belief,
(a) objects to joining a trade union; or
(b) 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 46(1)(a) 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 employee 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 Income Tax Act (Canada) as may be designated by the Board.
3At the conclusion of the hearing into this matter on February 8, 1990, the Board orally delivered a decision with reasons, which we hereby set out in writing.
4We have no doubt that the applicant sincerely holds religious beliefs. But we must be satisfied that he objects to paying dues because of those beliefs.
5The evidence discloses that Mr. Gilmore actively opposed the union's organizing campaign, in major part because no vote was held in the work place and because he felt discord and disharmony in the work place resulted. Mr. Gilmore objects to the union perhaps causing pressure on the employer and employees during strikes or negotiations or other interactions. He objects to how his dues may be utilized by the union, to support the NDP or organizations that he describes as supporting abortion.
6The evidence also shows that after the union was certified, Mr. Gilmore signed a membership card, because he felt he would have to in any event join the union. However, under the applicable collective agreement employees need not become members of the Union. With respect to his dues, the Board was advised by the CAW that the CAW allows Mr. Gilmore to elect that his dues not be used for certain purposes, including those purposes he objects to.
7At the hearing, in giving reasons the Board noted that Mr. Gilmore had also testified that if the majority of employees wanted the union, he would more readily go along with it. Mr. Gilmore commented to the Board upon the conclusion of its oral reasons that that answer had been given on the understanding that all the dues would be used for representing the employees and not other causes. The Board agrees with Mr. Gilmore's recollection and did not mean to take the portion of his testimony quoted out of context. To set out that testimony more fully now, Mr. Gilmore had been asked if there were no strikes and the dues he paid were all to be used for the improvement of the lot of employees, would he still object to paying such dues to the union. In response, Mr. Gilmore testified "that before the union was certified, I was on the pension committee, and we were given an opportunity to work on the Employee Manual. Then the union came in and became certified and this had to halt. Would I object if all the dues were going back to the employer? Not as strong, but I'd still say why do we need it anyhow. If the majority of guys wanted it, I'd more readily go along with it. When it comes to the point of using means to deliberately defy the company, then I could not support the union. If the union could peacefully negotiate with the company, then it would be okay. If it was forcing the company, I could not be part of that as a Christian."
8Our decision will not assist Mr. Gilmore with how he conducts himself should a strike or lockout occur, a matter of some understandable concern to him. We are only asked to grant the exemption sought, which is an exemption from paying dues. Mr. Gilmore must still eventually perhaps deal with what he will do should a strike occur.
9In all the circumstances, and in light of the evidence, we are not satisfied that his sincere religious beliefs are the grounds for his objection to paying dues. Rather his objection in this respect in our view is based upon his dissatisfaction with how the union became certified and with how he thinks the union will represent employees in the work place. His religious beliefs do not therefore cause his objection to paying dues. We note that the union advised the Board and Mr. Gilmore that he can elect to not have his dues used for the purposes to which he objected. The Board need not therefore deal with that aspect of the application.
10However, given his concerns, and that in the result he need not have become a member, the CAW might wish to return his membership card to him. Similarly, the parties should discuss how Mr. Gilmore can ensure that his dues not be used for the purposes to which he objects.
11For the above reasons, this application was dismissed.