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how can i use the charity option? The following guidelines will be helpful if you're considering becoming a religious objector and want to redirect your union fees to charity. However, we also urge you to seek knowledgeable legal advice regarding your specific case. The National Right to Work Legal Defense Foundation (NRTW) will provide free legal assistance to anyone who has a sincere religious objection to financially supporting a union. Please click here for more information. Religious objectors can be certain that 100 percent of their union fees are directed to charities they are comfortable supporting, instead of causes that violate their religious beliefs. The process is simple:
- Consider your religious beliefs. This means you must educate yourself about union practices and policies. Then, if you cannot support the union because of practices or policies that are inconsistent with your sincere religious beliefs, you are eligible to request a religious accommodation.
- Communicate your religious objection to your union and employer in writing.
- Cooperate toward a solution to your religious objection.
1) consider your religious beliefs
Legal experts advise teachers to begin the religious objection process by identifying a sincerely-held religious belief that is in conflict with a union practice or policy. Courts often define protected religious beliefs by ruling that there must be a conflict between the employee’s religious conviction and a work requirement (i.e., paying fees to a union that promotes causes that violate your religious beliefs).1 Title VII of the Civil Rights Act does not cover political or philosophical beliefs; it only protects sincere religious beliefs. There is one key question for determining whether a belief is religious instead of political or philosophical: Is the belief based on an obligation to some "higher power" (e.g., a supernatural being, multiple gods, a spiritual force)? Are you simply opposed to unions and their politics in general -- or does a faith-based obligation require you to break ties with the union?2 If your religious beliefs will be violated by supporting the union, then you are qualified to become a religious objector.
2) communicate your religious beliefs
After identifying a conflict between your religious beliefs and financially supporting the union, the law requires that you communicate with your union and employer about the conflict. The best way to do this is through a religious accommodation request letter. This isn't the time to condemn or preach against immoral union policy. Instead, the letter should be designed to inform the union and employer about the conflict and persuade them to cooperate with you in working out a solution. According to NRTW attorney Bruce Cameron, the letter should include a few simple elements. First, you should describe the offensive practice or policy (i.e., paying union fees to promote causes like abortion or homosexuality) and then briefly state that this work requirement is in conflict with your sincere religious beliefs. Next, explain your religious beliefs. If they are based on the Bible, cite passages that support your beliefs. If your conviction is based on some other authority, such as religious teaching or church doctrine, then quote the authority and explain how it influences your belief. At this point it also helps to describe how your beliefs have made a practical impact on your life. Finally, your letter should ask the union and employer to accommodate your religious beliefs by allowing you to redirect your union fees to charity. At this point you should suggest a few charities. When choosing a charity, be aware that teachers usually are not allowed to designate either religious or labor charities. There are some cases in which religious objectors have given to their own church or a religious association, but this is not common. Regardless, you should ask the union to put your fees in escrow until the issue has been resolved. If you would like free legal assistance with your letter, please contact us. We will put you in touch with Bruce Cameron of NRTW, who will review your letter and contact you with any helpful suggestions. Once your letter is complete, you should send a copy to affiliates at each level of the union (local, state, regional, and national) that receives a portion of your fees. You should also send a copy to your employer and any supervisors who can help accommodate your beliefs. Be sure to date the letter, as the union will have 60 days to respond. It is best to send these letters certified, return receipt requested. Click here for more important information regarding your religious accommodation request letter.
3) cooperate toward a solution
Although the law requires unions and employers to work toward an accommodation once they're aware of your religious objection, common sense (and some case law) suggests you cooperate with them in settling the religious conflict.3 While Title VII guards against religious discrimination, it also offers some legal protection for unions and employers: they do not have to offer an accommodation that causes them undue hardship. The U.S. Supreme Court has defined "undue hardship" as a minimal cost.4 Such a low standard should compel you to work toward a solution that will be convenient and cost-effective for the union and your employer.
troubleshooting
Cameron estimates that of those who ask to opt out, 98% receive an accommodation without difficulty. Even so, there are a few things to consider in case unions try to stand in the way of your rights. Unions cannot insist you belong to a specific church before granting a religious accommodation. If your beliefs are supported by church doctrine or a letter from clergy, it is best to provide these resources to the union. However, court decisions only require employees of faith to have sincere and personal religious beliefs. Also be aware that unions cannot specify any time restriction for submitting a religious accommodation request. Federal law does not impose any such conditions. Don't be fooled if the union tries to say you've run out of time and it's too late to make a religious accommodation request -- even if it's written into your contract. Teachers must determine for themselves when they come to a point where supporting the union violates their sincere religious beliefs. If the union refuses to accommodate your religious beliefs, this may be an act of religious discrimination. In such a case, we recommend that you immediately consult NRTW attorney Bruce Cameron for advice. He will advise you to file a religious discrimination charge with your local branch of the Equal Employment Opportunity Commission5 (EEOC). You should also file a charge with the Washington Human Rights Commission6 (HRC). These two organizations will cooperate to investigate your claim, but neither has the authority to force an accommodation. If your religious accommodation request is denied, it's best to file charges within 180 days. (In Washington, this time period can be extended to 300 days.) Cameron offers a few suggestions for filling out the charge: 1) Make sure the description of your religious beliefs is accurate and consistent with your accommodation request letter to the union. 2) Include the name and address of every entity that failed to accommodate you, or you may lose the right to pursue further legal action against that party. 3) Avoid referring to any specific statute—simply state the facts regarding the union or employer’s failure to accommodate your beliefs. After charges have been filed, the EEOC will contact the parties involved and begin an informal investigation process. During the investigation, the EEOC will act as a neutral third party to shed light on all the facts and to resolve the case. There are several possible outcomes: 1) Simply hearing from the EEOC may cause the union and employer to settle the case once they realize you’re serious about protecting your religious rights. 2) An agreement may be reached during the EEOC process. 3) The EEOC may go to court and file suit against the parties listed on your charge at no cost to you. 4) The EEOC also may choose to take no further action if an agreement is not reached. At this point you would have 90 days to pursue the matter personally in court.
count the cost
Teachers should be aware that they may lose some benefits by opting out of the union. Unions typically prevent nonmembers from: 1) holding union office, 2) voting on union elected officers, and 3) keeping their union-provided legal liability insurance. Some locals also may prevent nonmembers from voting on workplace issues like their contract. However, there are some options to either protect or replace these benefits. For instance, federal law prohibits a union or employer from discriminating against nonmembers in the wages, benefits, or other employment conditions covered by a collective bargaining agreement. This means religious objectors will keep the same pay, benefits and seniority as union members. Teachers also have other options for securing liability insurance apart from the union. Most school districts provide coverage for their teachers. If this is not an option, many renter or homeowner insurance policies will allow the addition of a liability clause to the policy.5 As an alternative to the WEA and NEA, many independent teacher organizations offer liability insurance. In many cases, these policies provide more comprehensive protection for teachers. For example, policies provided by the school district and union are often written on behalf of the organization, not the individual teacher. This gives the district and union power to decide how far they will represent each teacher based on the organization’s best interest. On the other hand, independent teacher associations often offer insurance policies that are written for the individual teacher. This gives teachers the freedom to choose an independent attorney to represent them. Some independent teacher associations offer teacher scholarships, classroom grants, regional workshops, member newsletters, resource exchange networks, and national conventions. This sounds similar to the NEA, but there is at least one major difference: these organizations do not use member dues to promote issues that are unrelated to workplace representation and education. Instead, groups like Northwest Professional Educators and the Association of American Educators focus on issues directly related to the classroom. 1 Dues And Don'ts, Capitol Resource Institute, 2002.
2 Bruce N. Cameron, Union Dues And Religious Do Nots, National Right To Work Legal Defense Foundation, 1999.
3 Ibid.
4 TWA v. Hardison, 432 U.S. 63 (1977).
5 U.S. Equal Employment Opportunity Commission, Federal Office Building, 909 First Avenue, Suite 400, Seattle, WA 98104-1061, (800) 669-4000.
6 Washingon Human Rights Commission, Olympia Headquarters Office, 711 S. Capitol Way, #402, P.O. Box 42490, Olympia, WA 98504-2490, (800) 233-3247.
5 Conversation with Bruce N. Cameron, National Right To Work Legal Defense Foundation, 2003.
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