Everett Matthews v. The United Steelworkers of America Local 2020, 2001 CanLII 3903

Ontario Labour Relations Board

1771-01-M Everett Matthews, Applicant v. The United Steelworkers of America Local 2020, Responding Party Trade Union v. The Salvation Army Addictions & Rehabilitation Centre, Responding Party Employer.

BEFORE: Christopher J. Albertyn, Vice-Chair.

DECISION OF THE BOARD; November 20, 2001

1This is a religious exemption application.

2The parties have concluded a Memorandum of Agreement, which resolves the matter.

OLRB file number 1771-01-M

BEFORE THE ONTARIO LABOUR RELATIONS BOARD

IN THE MATTER OF

AN APPLICATION FOR

RELIGIOUS EXEMPTION

UNDER SECTION 52

OF THE LABOUR RELATIONS ACT, 1995

BETWEEN :

EVERETT MATTHEWS

Applicant

-and-

UNITED STEELWORKERS OF AMERICA

Responding Party Trade Union

-and-

THE SALVATION ARMY ADDICTIONS AND REHABILITATION CENTRE

Responding Party Employer

MEMORANDUM OF AGREEMENT

WHEREAS the Applicant Everett Matthews (“Matthews”) is employed by the Responding Party Employer, The Salvation Army Addictions and Rehabilitation Centre (“the Employer”);

WHEREAS the Employer is party to a current collective agreement (“the Collective Agreement”) with the Responding Party Trade Union, the United Steelworkers of America (“the Union”);

WHEREAS Matthews is a member of the bargaining unit covered by the Collective Agreement;

WHEREAS the Collective Agreement provides for the deduction of union dues from the wages paid to bargaining unit members and the remission of those union dues to the Union;

WHEREAS Matthews has filed the above captioned application to the Ontario Labour Relations Board claiming that he has a sincerely held religious belief which precludes his membership in a trade union and seeking to have his union dues remitted to a charitable organization instead of the Union;

AND WHEREAS the parties are desirous of settling all issues arising from the above captioned application,

NOW THEREFORE the parties agree, without prejudice and without precedent, to the following terms and conditions in full and final settlement of all issues arising from the above captioned application:

1. The Employer shall continue to deduct union dues from Matthews’ wages in accordance with the terms of the Collective Agreement except that the Employer shall not remit those union dues to the Union but rather shall remit those union dues, each pay period, to the following charitable organization:

STEELWORKERS HUMANITY FUND 234 Eglinton Avenue East Suite 800 Toronto, Ontario M4P 1K7 Attention: David Mackenzie, Executive Director

2. The Steelworkers Humanity Fund shall be directed to issue any receipts in respect of the monies paid pursuant to paragraph 1 above to:

United Steelworkers of America 92 Frood Road Sudbury, Ontario P3C 4Z4 Attention: David Mellor, Area Co-ordinator

3. The above captioned Application shall be withdrawn forthwith.

FOR THE APPLICANT:

“Everett Matthews” Oct/09/01

Signature Date

FOR THE UNITED STEELWORKERS OF AMERICA:

“David Mellor” Oct. 15, 2001-11-20

Signature Date

FOR THE SALVATION ARMY ADDICTIONS AND REHABILITATION CENTRE:

“Walter Howells” Oct. 5/2001

Signature Date

3Pursuant to the Memorandum of Agreement the application is withdrawn by leave of the Board.

“Christopher J. Albertyn”

for the Board