Lydia den Bleker v. McMaster University Staff Association
2002-01-M Lydia den Bleker, Applicant v. McMaster University Staff Association, Responding Party Trade Union v. McMaster University, Responding Party Employer.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; December 3, 2001
1This is an application for religious exemption filed under section 52 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended ("the Act").
2The responding trade union contends the applicant's claims are too vague, lacking in particularity and/or do not found an exemption pursuant to section 52 of the Act. The union asks that the application be dismissed for its lack of particularity and for failing to disclose a prima facie case.
3The applicant’s allegation is this: “the premise of the union is to fight against management. I believe it is my Biblical duty to respect those in positions of authority over me. Hence I feel membership in the union is incompatible with my religious beliefs”.
4The application discloses a prima facie case for relief under section 52 of the Act because if the applicant’s allegations are taken to be true and provable, the Board might grant her the relief she seeks. However, the application does lack particularity. The applicant must provide better particulars.
5The applicant is directed to provide the Board and the responding parties with the following particulars:
what congregation the applicant belongs to;
for what period of time the applicant has belonged to that congregation;
what body of religious doctrine informs the applicant’s belief;
what religious study or reflection the applicant has undertaken to reach the conclusions she has;
for what period of time the applicant has held the belief that union membership is incompatible with her religious beliefs;
how, if at all, the applicant’s continued membership of the union will impact upon her religious association.
6The above particulars are to be provided by December 14, 2001.
“Christopher J. Albertyn”
for the Board