Replies

If I had to raise my kids again, they would NEVER GET NEAR A GOVERNMENT-SOCIALIST school again. NEVER!!!

Is this a good place to ask... why is this donation mandated by the union? Why, in fact, is any charitable gift legislated? I thought charity was supposed to come from the heart, not from coercion.

Not only should they be upset about their dues being raised involuntarily just to fight the propositions, the unions are now gearing up for their next target, defeating Arnold's re-election - it's their #1 priority. So, there is no way that the dues increase is going to be rescinded, just diverted to their new fight.

excellent. The left gets most of its money by involuntary "contributions".

Bump.

Christian Teachers Group is Alternative to Left-Wing NEA
Randall Murphree
Agape Press

"Parents must not abdicate their parental responsibilities to their child's public school," says Finn Laursen. Laursen is executive director of Christian Educators Association International (CEAI). He is himself a product of public schools and worked 32 years in public schools.

Founded in 1953, CEAI became the first national organization of professional Christian educators working in public, private and charter schools. From the beginning, the group has served the education community by encouraging, equipping and empowering Christian educators in public and private education.

For many, CEAI is the perfect alternative to the National Education Association, a teachers union that has been leaning hard to the political left for decades. Like NEA, CEAI provides many benefits for its members, such as professional liability insurance. It also views teaching as a God-given calling and ministry and promotes the Judeo-Christian ethic in public schools.

Recent Issue Concerns: Homosexual Agenda, Abortion CEAI does not become involved in local school debates. However, when moral concerns or parental rights are at stake, CEAI is eager to see parent-friendly results. For example, in Lawton, Oklahoma, CEAI regional director David Williams learned in January that the Gay, Lesbian, Straight Education Network (GLSEN) was attempting to form an affiliate at his son's high school. Lawton is a city of 81,000 in southwest Oklahoma.

Williams, who teaches in another school district, went into action. First he sought prayer from believers in the area. The local paper published his letter to the editor, and he enlisted the help of KVRS radio station manager Dan Allen. KVRS is the local American Family Radio station. Next came a local TV story addressing equal access and parental involvement. Local church members distributed materials by former homosexuals to students at the high school. Hundreds of e-mails went to local politicians, school board members, teachers and parents.

"To make a long story short," says Williams, "the club was voted down by the student government. What was intended to quietly appear without parent notification was thwarted." One result of the project was a practical 10-step plan of action that Williams will furnish to others who face the homosexual agenda in local public schools. (Williams can be contacted at davidw@ceai.org)

As a former public school counselor and administrator, Laursen agrees that teachers legally function in the role of parents when they supervise and teach children during the school day. However, he says schools should always respect the parent-child relationship.

As an example Laursen recently commended the school board in Roseville, California, for its decision regarding students leaving campus for medical procedures, including abortion. The school board was expected to amend district policy to allow students to secure such procedures without parental knowledge.

However, when parents learned of the proposed change, they packed the January 4 board meeting and found the board responsive to their concerns and rights.

School spokesman Larry Brubaker told AFA Journal that, while this issue is certainly divisive in many school systems, the Roseville board stood with their parents. "The school will not release students for medical reasons without parental permission," he said. The city of 45,000 is near Sacramento and has 8,000 students in its school district.

2005 Prayer Focus

CEAI is not politically aggressive, and its leaders take care not to enter the public arena in a combative stance. One CEAI vision for 2005 is to improve education in America through prayer and networking. The current prayer campaign is called "Raise Your Hand."

"The goal [of the campaign]," said Williams, "is to enroll one million prayer partners who are committed to praying for their own local schools. The prayer focus is to have a teacher encouragement group offering prayer support in every school nationwide."

The overriding purpose of everything the group does is defined in this -- to preserve traditional Christian values of faith and family in our schools. CEAI offers personnel in public or Christian schools -- administrators, teachers and support staff -- a place to call their professional home.

Randall Murphree, a regular contributor to AgapePress, is editor of AFA Journal, a monthly publication of the American Family Association. This article appeared in the April 2005 issue.

Christian Educators Association International (www.ceai.org)

Raise Your Hand (www.raiseyourhand.us)

PJI Supports Teachers’ Conscientious Objections to Latest Union Fee Increase

City: Sacramento, CA –
Many California teachers are expressing their opposition to recent actions taken by their union to raise fees for political purposes.

The California Teachers’ Association recently decided to levy an additional $6 per month fee on teachers statewide for the alleged purpose of fighting Gov. Schwarzenegger’s education proposals. Pacific Justice Institute has been contacted by numerous teachers who have voiced their concerns over the CTA’s latest effort to flex its political muscle at the expense of teachers.

Some teachers have been told—erroneously—that they cannot opt out of this new assessment. However, federal law is clear that no employee can be forced to support political or ideological causes with which he or she disagrees. Unionized employees have the right to become religious or political objectors, either diverting their full dues to charity, or receiving a refund for the portion of their dues which would otherwise be spent for political causes. In this way, employees can ensure that their funds are not used for purposes which contradict their beliefs.

Similarly, Pacific Justice Institute has also been contacted by teachers and other employees who have been told they must belong to a particular religious group, or get a statement from their religious leader, before they can opt out of union dues. The U. S. Supreme Court has clearly stated that making such distinctions based on which religious group one belongs to is unconstitutional. PJI urges anyone who wishes to opt out of their union dues, including those who may have been stonewalled in their efforts to opt out, to contact us immediately.

“It’s sad that so many teachers who give themselves to our nation’s youth are being distracted from their mission by having to fight their own unions,” stated Brad Dacus, president of Pacific Justice Institute. “Our attorneys and staff are working hard to counteract the rampant misinformation regarding employees' rights.”

_____________________________________________________________________________________________
The Pacific Justice Institute is a non-profit 501(c)(3) legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties.

P.O. Box 276600 Sacramento, CA 95827-6600
Phone: (916) 857-6900 Fax (916) 857-6902 Internet: www.pacificjustice.org

An Employee's Guide to Union Dues and Religious Do Nots

To request your free printed copy of this guide, click here.

WHAT THIS GUIDE COVERS--

Employees sometimes find that a job requirement conflicts with their sincere religious beliefs. A federal statute, Title VII of the Civil Rights Act of 1964, provides a way to resolve this conflict between religious beliefs and work requirements. This guide primarily explains how an employee can take advantage of his or her Title VII rights. The First Amendment to the Constitution of the United States, the constitutions of the various states and individual state statutes are other potential sources of protection which are not discussed here, or only discussed in a very limited way.

The National Right to Work Legal Defense Foundation has a single purpose: to defend employees against the abuses of compulsory unionism. Although this guide discusses in general terms the rights of religious objectors under Title VII, the focus of this guide is to help employees who find a conflict between their sincere religious beliefs and the work requirement that they join or financially support a labor union.

AN INTRODUCTION TO TITLE VII--

Title VII of the Civil Rights Act of 1964 places two obligations upon employers and unions regarding employees' religious beliefs. First, they must not discriminate against employees because of their religious beliefs. Second, they must reasonably accommodate an employee's religious beliefs, unless the accommodation would create an undue hardship for the employer or the union.

The actual wording of the relevant parts of Title VII are as follows:
It shall be an unlawful employment practice for an employer--

to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms or conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or

to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin. ¹

It shall be an unlawful employment practice for a labor organization-

to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;

to limit, segregate, or classify its membership or applications for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or to tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, or national origin; or

to cause or attempt to cause an employer to discriminate against an individual in violation of this section. ²

The term "religion" includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. ³

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¹ The official citation to these sections of Title VII is: 42 USC § 2000e-2(a)(1) & (2). (Back to text.)

² USC § 2000e-2(c)(1), (2) & (3). (Back to text)

³ USC § 2000e-2(j). (Back to text.)

WHO TITLE VII COVERS--

Title VII provides protection for nearly all employees. Private employers with fifteen or more employees are covered, state and municipal employers are covered and all labor unions who have fifteen or more members are covered. ¹

WHEN TO ACT UNDER TITLE VII--

Before spending time exploring what to do and how to do it under Title VII, consider the very short time limits imposed by Title VII. The only way in which an employee can claim his rights under Title VII is to first file a charge with the Equal Employment Opportunity Commission (EEOC). ² An employee can be sure that he has filed a timely charge if he files it within 180 days of the date of discrimination.³ In some situations (which turn on state law) this time period is stretched to 300 days. Unless the act of religious discrimination is continuing in nature, if it occurred more than 300 days⁴ before the employee files his charge, the charge is untimely and will not be considered favorably by the EEOC. ⁵ Without going into the complex issues concerning the necessary state law requirements, as a general rule, if the act of discrimination occurred between the 180- and 300-day periods, a charge should be filed. A charge should be filed because it is quite common that the 300 day period is applicable.⁶

THE NECESSARY STEPS TO WORKING OUT THE TITLE VII PROBLEM--

Step 1: Decide what you believe.

When the union or your employer comes to you and demands that you join the union or pay a union fee, hopefully, you have already formed your religious beliefs about joining the union. It is very important for you to carefully consider your religious beliefs.

Title VII protects religious beliefs. It does not protect political or philosophical beliefs. Although there is great room for debate over what constitutes protected religious belief, as a practical matter the more "traditional" and the more "strongly held" the belief, the more likely it will be protected. A mere religious preference may not be protected. Fiercely examine your beliefs now, because if you get into litigation you can be sure that the lawyers for the union or the employer will be closely looking at those beliefs. You do not want to be carefully considering your beliefs for the first time when you are being grilled, under oath, by a hostile lawyer where every word that you say is being recorded.

To determine whether your beliefs are religious instead of political or philosophical, ask yourself whether your beliefs are based upon your obligations to God. Do you simply dislike unions or hate this particular union's politics? Or, does your desire to stand apart from the union arise from your relationship to God? If your beliefs arise from your decision to obey God, they are religious.

While no court has specifically held that Title VII protects only religious beliefs as opposed to religious preferences, courts repeatedly write about the requirement that there be a conflict between the employee's religious beliefs and a work requirement. If you have only a religious preference, a court might hold that there is no real conflict.

An important part of evaluating your religious beliefs is deciding what will eliminate the conflict between your conscience and the union fee requirement. Let's look at this in the context of a situation that is especially common for public employees.

Joe Believer, who teaches in the local public schools, is told that he must join the teachers' union or pay a fee to the union. The local teachers' union has both a state and national affiliate. The union fee goes to support all three levels of the union, and the majority of the fee flows up to the state and national affiliates. The state and national affiliates spend time and money lobbying in favor of abortion and homosexual rights. This creates a conflict of conscience for Joe Believer.

Joe should ask himself: "What will eliminate the conflict?" Would the conflict be ended if the cost of this lobbying were calculated and the union and its affiliates reduced the union fees by that amount?⁷

If just separating out the expenses for the offending activities does not eliminate the conflict, what will? Since it is the state and national unions which are involved in the activity, would the conflict be eliminated if the local union kept all of Joe's fee and agreed that none of it would be sent to the affiliates? If this does not eliminate the conflict, would the conflict be eliminated if Joe's entire union fee were sent to a charity?

You must decide exactly what it will take to eliminate the conflict with your conscience.

Step 2: Tell the union and employer about your religious beliefs.

Now that you have determined the nature of your religious beliefs and decided what it will take to eliminate the conflict between your conscience and the work requirement, tell the union and your employer. The courts require, as does common sense, that you inform the union and employer about the conflict.⁸

The best way to do this is to write letters to the union and the employer so that there will be no dispute about what you said. These letters are extremely important for several reasons. First, it informs the union and employer about your religious beliefs. You must state your beliefs accurately, because if you appear to change them later, you will look dishonest. Second, it gives you an opportunity to motivate the union and employer to be interested in working out the problem. Last, if the dispute ultimately gets into court, this will be a critical piece of evidence from which the judge may get a first (and lasting) impression of you.

The tone of your letters must be to persuade the union and employer to honor your religious beliefs. The letters must not condemn, confront or condescend. If you are able to persuade your employer and union to work out a solution now, it will spare you grief later.

A good format for the letter is to first describe the offending work requirement, and then briefly state that this requirement is in conflict with your sincere religious beliefs. Next describe your religious beliefs in detail. If your beliefs are based on the Bible, you should cite the specific chapter(s) and verse(s) that form the basis for your beliefs. If your beliefs are based on some other authority, such as a church doctrine, then recite the authority in some detail. This is no time to be shy about telling others about your beliefs.

If your religious beliefs have made a practical difference in your life, it is helpful to work that into your letter in a modest way. Unions are often suspicious that an employee "got religion" to avoid having to pay fees to the union. Anything that helps to dispel that suspicion is helpful. Use common sense in describing what you do that tends to show that your religious beliefs make a practical difference in your life. For example, if your union is an active pro-abortion lobby, and your religious objections arise from that fact, you should not describe in detail all of the work you have done on the anti-abortion side of the issue. If you do, it appears that you are in a fight with the union, which does nothing to persuade the union to honor your request. (Do not worry, if the union will not honor your request, you will have plenty of opportunity to fight later.)

Your letter should ask that the union and employer attempt to accommodate your religious beliefs. Then suggest an accommodation. If you are willing to pay all of the fees to the local (but not the state and national affiliates) as an accommodation, suggest that. If you are willing to pay the fees to a charity, then suggest a few charities to which you would be willing to contribute. As a general rule, the courts do not permit the charity to be either a religious or a labor charity.

Your suggested charities can play a critical part in persuading the union to accommodate your beliefs. Does the union president have a close relative that died or suffers from some sort of disease? If so, name a charity that does research on that disease. If your union represents a certain profession, suggest a charity that helps that profession or a group that is of special interest to that profession. Avoid naming a charity that will anger the union. If you object to the union's pro-abortion position, do not suggest Operation Rescue as a charity. While this guide was made possible by the National Right to Work Legal Defense Foundation, which is a qualified charity under IRS code 501(c)(3), it would not be prudent to suggest the Foundation as your charity.

Although you should suggest the accommodation you desire, keep in mind that if there are a number of potential solutions that will preserve your conscience, the union or employer has the right to choose among the solutions.⁹

This is no time to be stingy about postage or making copies. You should send your letter to every party who has the authority to accommodate your religious beliefs. For example, if you have religious objections to joining or financially supporting the union, send your letter to the local union president and a copy to the president (or general counsel) of every higher up level of the union which gets part of your union fees. You should also send a copy to every "boss" working for your employer who you think has the authority to accommodate you. To be safe, send your letters certified, return receipt required.

Step 3: Cooperate in working out a solution.

After an employee tells the union and employer about the conflict with his religious beliefs, the employer and union are required to try to work out a solution to the problem. While the law places the initial burden of trying to work something out on the employer and union, common sense (and some case decisions) requires you to do everything in your power to cooperate with them and to try to figure out a compromise that will not compromise your conscience.

Among the legal defenses available to the union and employer, is one called the "undue hardship" defense. The undue hardship defense merits a comment. The law releases the union and employer from accommodating your religious beliefs if the accommodation would create an "undue hardship" for them. Unfortunately, the Supreme Court has decided that "undue hardship" should be interpreted to mean a minimal cost.¹⁰ Considering this low standard, it is very important for you to work hard to find a solution that will create the very least amount of inconvenience or cost to your employer or the union.

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¹ There are some limited exceptions to the list of covered employers. These exceptions include the United States and corporations owned by the U.S., Indian tribes, certain employees of the District of Columbia and tax-exempt private clubs. An employer with less than fifteen employees may be covered by a state anti-discrimination law. (back to text.)

² Love v. Pullman Co., 404 U.S. 522 (1972). (back to text.)

³ 42 USC § 2000e-5(e)(1). (back to text.)

⁴ Id. (back to text.)

⁵ EEOC Compliance Manual § 605.5. (back to text.)

⁶ Whether the time period is extended to 300 days depends upon whether a state or local agency has authority to "grant or seek relief" or "institute criminal proceedings" to stop the religious discrimination or force an accommodation. Although it is beyond the scope of this guide to detail which states qualify, EEOC regulations found in 29 CFR § 1601.74 list the qualifying agencies. Among those listed, forty-seven are state agencies. BNA's Fair Employment Practices Manual at 451:103 states that all states, except Alabama, Arkansas and Mississippi have state laws prohibiting discrimination on the basis of religion. Mississippi has a law prohibiting discrimination on the basis of religion for its public employees. (back to text.)

⁷ If the answer to that question for you is "Yes," you should proceed to the section entitled "The First Amendment, Federal Labor Laws And Compulsory Union Fees" later in this guide. (back to text.)

⁸ Smith v. Pyro Mining, 827 F.2d 1081, 1085 (6th Cir. 1987), cert. denied, 485 U.S. 989; Protos v. VW of America, 797 F.2d 129, 133 (3d Cir. 1986), cert. denied, 479 U.S. 972 (1986); Philbrook v. Ansonia Board of Education, 757 F.2d 476, 481 (2d Cir. 1985), aff'd in part, rev'd in part, 479 U.S. 60 (1986); Anderson v. General Dynamics, 589 F.2d 397, 401 (9th Cir. 1978), cert. denied, 442 U.S. 921 (1979); Brown v. General Motors, 601 F.2d 956, 959 (8th Cir. 1978); Redmond v. GAF Corp., 574 F.2d 897, 901 (7th Cir. 1978). (back to text.)

⁹ Ansonia Board of Education v. Philbrook, 479 U.S. 60 (1986). (back to text.)

¹⁰ TWA v. Hardison, 432 U.S. 63 (1977). (back to text.)

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WHAT TO DO IF THINGS DON'T WORK OUT--

If the union and employer will not accommodate your religious beliefs, you should file a charge with the Equal Employment Opportunity Commission (EEOC). Remember: to be completely sure that your charge is timely filed, you must file it within 180 days of the date of discrimination. Normally the "discrimination" will be the union's or employer's decision not to accommodate your religious beliefs. But, it might also be some action by the employer or union that is contrary to your request for an accommodation.

Let's look at an example involving religious objection to the payment of union fees. Assume that you have written your letter to the union and employer stating your religious beliefs about paying the union fees and have asked for an accommodation of your religious beliefs. If the union writes back to say that it will not accommodate your religious beliefs, you should calculate the 180-day period from the date the union turns you down. If the employer and union do not reply, but just start taking union fees from your pay, you should file a charge within 180 days of the date that the union fees were first deducted from your pay.¹

What follows is a check list of what you should do to file a charge with the EEOC.

____ Find the nearest EEOC office by calling (800) 669-EEOC.

____ If you live within the "normal commuting area"² surrounding the EEOC office, you should make an appointment to go in and fill out a charge. When you first arrive, the EEOC may have you fill out an "intake questionnaire." Whatever else you do, before you leave you must fill out an EEOC charge to begin the administrative proceedings.

____ If you live outside the "normal commuting area," call the EEOC and have an EEOC employee take your charge over the telephone. The EEOC will then mail the filled in charge to you for your verification and signature.

____ Do not take "no" for an answer. Religious discrimination charges constitute a small fraction of the charges filed with the EEOC. As a result, the EEOC intake-employees who initially handle the charges are sometimes not very knowledgeable about this area of the law. He or she may insist that you do not have a claim that is within the jurisdiction of the EEOC. Insist that the EEOC accept the charge. If you have a serious problem, ask the EEOC employee to consult the EEOC Compliance Manual, Field Notes 112-1 (1.7) (issued 1/88) which states in part: "A charge should not be taken unless it is within EEOC jurisdiction. However, if the charging party insists on filing a charge the charge should be taken."

____ Often your state will have a state or local agency that deals with religious discrimination. If it does, the law requires that you also file a charge with the state or local agency.³ If you simply file a charge with the EEOC, the Commission is supposed to file a copy of your charge with the appropriate state or local agency.⁴ However, since the law requires you to file the charge with the appropriate state or local agency, you should do one of two things. Get the name of the state or local agency (called a § 706 agency) from the EEOC, and then either file⁵ a copy of your EEOC charge with the state or local agency or call that agency to check to be sure that the EEOC sent your charge to it.

____ Remember, it is a good idea, when mailing the initial charge to the EEOC, to mail it certified, return receipt required.

WHAT SHOULD BE IN YOUR CHARGE--

Filling out the charge form is quite easy. There are only two "traps" that you must carefully avoid. First, you must be careful about the way you describe your religious beliefs. Make sure the description is accurate and consistent with your religious accommodation request letter.

Second, you must be sure that the charge lists the name and address for each party that you think owes you an accommodation, but did not accommodate you. For example, if you have religious objections to joining or financially supporting a labor union, you should be sure that the name and address of every level of the union which claims part of your union fees is included in your charge. Unless you have religious convictions which prevent you from filing a charge against your employer, you should also file a charge against your employer. If you fail to include the name and address of some party that you think owes you an accommodation, you will probably not be able, later on, to enforce your legal rights against that party.

WHAT TO EXPECT BEFORE THE EEOC--

Once you have filed a charge, the EEOC notifies the parties on the other side that a charge has been filed and begins to investigate. The EEOC does not operate like a court. Its investigation does not involve a formal hearing or a trial.⁶ Instead, during the investigation the EEOC investigator assigned to the case talks to the parties, accepts their documents and position statements, and tries to figure out what has happened. (Be sure to cooperate.)

The EEOC investigation can end in one of several ways. Let's take a look at each of these.

Filing an EEOC charge causes the EEOC, as mentioned above, to contact the party against whom you have filed. Just knowing that you are serious about pursuing your rights may cause the other party to decide to settle the case. If you (or the EEOC) can work out a settlement so that your beliefs are accommodated, that is the easiest and quickest resolution.

If the matter is not settled, the EEOC will issue a "determination letter" based on its investigation. This letter states whether or not the EEOC thinks the law has been violated. If it agrees with you that your religious beliefs should have been accommodated, and that your employer or union violated the law, it will issue a "cause" determination letter. If it does not agree that your rights have been violated, it will issue a "no cause" determination letter.

The amount of time the EEOC takes to investigate a charge varies greatly. Although the EEOC will eventually decide who it thinks is right and who it thinks is wrong, you may not want to wait that long. If your charge has been pending for 180 days before the EEOC, you have the option to request a "right to sue" letter from the EEOC. The EEOC will issue this letter to you upon request. After the right to sue letter is issued, you have 90 days in which to file suit in court.⁷ If the EEOC issues a "no cause" determination letter, you also have the opportunity to file suit in court within 90 days.⁸ You cannot go into court on your own while your case is pending before the EEOC. Instead, you must first obtain a "right to sue" letter from the EEOC.

If the EEOC finds in your favor, and issues a "cause" determination letter, it will formally enter the "conciliation" stage of processing your charge. Conciliation means that the EEOC tells the union and your employer that they should accommodate your religious beliefs. The EEOC has now switched roles from being an "investigator" of the facts, to being your advocate. Now that it is formally "on your side," the Commission tries to work out an accommodation of your religious beliefs. At this point you again have the possibility that your case will be settled. However, if it is not settled, and you want to continue to pursue your rights, the matter must go to court.

The EEOC has no power of its own to enforce its decision. If it agrees with you that your rights have been violated, but fails during conciliation to work out an accommodation of your religious beliefs, the EEOC has one of two options. First (and best from your point of view), the EEOC can go to court and file suit in its own name against the parties that you named in your EEOC charge. (That is one reason it is important to have all the correct parties named in your charge(s).) If the EEOC files suit, you will go before a judge who will decide whether you are entitled to an accommodation of your religious beliefs.

The EEOC will provide its lawyers to argue its findings on your behalf in court. The EEOC does not charge for this help. You also have the right to have your own lawyer ask the court to allow you to intervene into the litigation. The reason to consider hiring your own lawyer and intervening, is that the EEOC is really arguing its institutional point of view through your case. Your own lawyer will be concerned only about your point of view.

Even though the EEOC agrees that your rights have been violated, the second option open to it is to do nothing. It is not required to go to court to enforce its decision in your favor. If the EEOC decides to do nothing further, it will send you a letter telling you that you have 90 days to file suit to enforce your rights on your own.

The National Right to Work Legal Defense Foundation has provided attorneys, at no charge, to a large number of employees who have religious objections to joining or financially supporting a labor union. If that is your situation, you can request help from the Foundation. Your request will be carefully considered. The Foundation's goal is to help as many sincere religious objectors as possible. However, the Foundation receives many requests for assistance and is unable to help every employee who requests help.

If you decide to go to court and need an attorney, but do not know where to find one, the EEOC has established "panels of attorneys who have indicated their willingness to represent charging parties and to cooperate with the [EEOC]."⁹ You can ask the EEOC for an attorney referral. You and your potential attorney will be interested to know that Title VII has a "fee-shifting" provision. This means that if you win, the court should order the other side to pay your attorney's fees.¹⁰

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¹ It is beyond the scope of this guide to discuss all of the legal exceptions and theories dealing with the statute of limitations. If you are beyond the 180-day period, but file your charge within 300 days of the date of discrimination, chances are your charge is still timely. If you are beyond the 300 days, you need to discuss the limitations period with the EEOC or an attorney. For example, a "continuing violation" "extends" the period for filing a charge. (back to text.)

² EEOC Compliance Manual § 1.5(a).(back to text.)

³ 42 USC § 2000e-5(c). The state agency is generally given at least 60 days to try to resolve the matter before you can ask the EEOC to take over the investigation. Foundation attorneys have found that it is best to get your case in the hands of the EEOC as soon as possible. (back to text.)

⁴ 29 CFR § 1601.13(a)(4)(i). (back to text.)

⁵ Deliver the charge personally to the state or local agency, or send it by registered mail, return receipt required. (The only reason to use "registered" as opposed to "certified" mail, is an ambiguous reference in the statute (42 USC § 2000e-5(c)) makes it appear that in some circumstances registered mail is required. The EEOC regulations require the Commission to send your charge to the state or local agency by registered mail, return receipt required, unless the state or local agency has waived this requirement (29 CFR § 1601.13(a)(4)(i)(B)). (back to text.)

⁶ An EEOC investigator has the authority to bring the parties and their lawyers together for a face-to-face meeting. Such a meeting is the closest the EEOC gets to a regular trial under Title VII. (back to text.)

⁷ 42 USC § 2000e-5(f)(1). If a state or local anti-discrimination agency is handling your charges instead of the EEOC, you need to ask that agency about the timing of your opportunity to go into court. (back to text.)

⁸ Generally the EEOC will tell you in advance if it disagrees with you and is going to issue a "no cause" letter. If this happens, and you have decided that you are going to pursue the matter in court, you should consider asking the EEOC to issue a "right to sue" letter, instead. Filing suit based upon a "right to sue" letter gives the court no idea about the thinking of the EEOC. However, the issuance of a "no cause" letter tells the court that the EEOC thought your case had no merit. (back to text.)

⁹ EEOC Compliance Manual § 81.1. (back to text.)

¹⁰ 42 USC § 2000e-5(k). Under some circumstances, if you lose, you can be forced to pay your opponent's attorneys' fees. (back to text.)

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THE FIRST AMENDMENT, FEDERAL LABOR LAWS AND COMPULSORY UNION FEES--

The purpose of this guide is to help employees who have religious objections to joining or financially supporting a labor union understand their rights under Title VII. The National Right to Work Legal Defense Foundation has funded a great deal of litigation which established employee rights under the First Amendment to the U.S. Constitution, the National Labor Relations Act and the Railway Labor Act. Although it was not the purpose of this litigation to protect religious objectors, it turns out that these cases provide protection for certain types of religious beliefs.

Take the example of a union which is involved in activities which are contrary to the religious beliefs of Joe Believer. Earlier in this Guide, the religious objector was asked to consider the question, "What will eliminate the conflict [between your religious beliefs and the requirement that you join or financially support the union]?" Religious beliefs vary, and Joe Believer may be able to work with a clear conscience if he is simply allowed to resign his membership in the union. If that is not enough, perhaps resigning from the union and refraining from financially supporting the offending union activity will keep Joe's conscience clear.

The National Right to Work Legal Defense Foundation attorneys have won U.S. Supreme Court cases under the First Amendment to the U.S. Constitution,¹ the National Labor Relations Act,² and the Railway Labor Act³ establishing the right of all employees (not just religious objectors) to resign from a union and pay only a limited agency fee to the union. This limited agency fee is the employee's pro rata share of the union's collective bargaining expenses. It is certainly possible that the offending union activity is not a collective bargaining expense,⁴ or that the net reduction in the amount paid to the union frees the employee's conscience about funding certain activities.

It is beyond the scope of this guide to discuss how an employee goes about securing these constitutional and statutory rights. However, these rights are discussed in other locations on this web site.

STATE RIGHT TO WORK LAWS AND COMPULSORY UNION FEES--

This guide would not be complete if it did not mention the enormous role that state Right to Work laws play in protecting employees who have religious objections to joining or financially supporting unions. In those twenty-two states which have passed Right to Work laws,⁵ employees are completely free to decline to join or financially support a labor union.⁶ As a result, employees who have religious objections to joining or financially supporting a union, and are covered by these state laws, are completely free to follow their conscience without the need to resort to litigation under Title VII.

OTHER SOURCES OF PROTECTION--

State constitutions, state anti-discrimination laws and local ordinances are other sources of potential protection for religious beliefs.

WHAT YOU CAN DO IN AN EMERGENCY--

Neither the Equal Employment Opportunity Commission nor most courts will act very quickly to decide a religious objector's case. (They do not decide any cases very quickly.) It is far better, from a legal and financial point of view, to litigate the issues discussed in this guide while the religious objector is still employed.

If nothing else, seek a temporary solution that will allow you to keep your conscience intact while you litigate these issues. Only you can decide what your conscience will permit, but there are several possible temporary solutions.

First, the Supreme Court decisions concerning employees who object to the amount of a union's fee, require the union to allow the contested union fees to be escrowed, pending the determination of the appropriate amount of the fee. If you have religious objections to paying union fees, a temporary solution may be to place your fees in an escrow account until your case is decided.

A second possibility in a union fees situation is to pay the union fees under protest (mark the check "paid under protest" and write a letter accompanying the check which explains the money was paid under protest only to preserve your job).

Other possibilities are only limited by the imagination of the religious objector and the willingness of the employer or union to agree. Come up with a temporary solution and simply ask the employer or union to agree to it on a temporary basis until a decision is reached by the EEOC.

At the first indication that your job may be in jeopardy, you should call an attorney, the Foundation, or the EEOC, so that steps can be taken to protect your job. Sometimes, just the indication that a religious objector has legal help will cause the employer and union to be cautious.

WHAT YOU CAN DO IF YOU STILL HAVE QUESTIONS--

If, after reading this guide, you have questions about your Title VII rights to stand apart from a labor union, you can click here to send a message to the legal staff of the Foundation, or you can contact the National Right to Work Legal Defense Foundation at (800) 336-3600 or (703) 321-8510. You can also fax your questions to the Foundation at (703) 321-9319. The Foundation's address is:

8001 Braddock Road
Springfield, Virginia 22160.

The attorney at the Foundation who handles most of the religious liberty questions is Bruce N. Cameron.

You can also contact your regional office of the Equal Employment Opportunity Commission (EEOC) by calling (800) 669-EEOC. This number will provide information on the location of the EEOC's regional offices. You could also contact a local attorney who is knowledgeable about this area of the law.

If you have a work problem arising from your religious beliefs which does not involve compulsory unionism, you should not contact the Foundation. Instead, you should contact the Equal Employment Opportunity Commission, a local lawyer, or one of the foundations that deals with religious discrimination in general. If you are interested in finding out more about any statutes in your state which protect religious belief, you should contact the state agency dealing with civil and human rights or a local attorney.

¹ Abood v. Detroit Board of Education, 431 U.S. 209 (1977). (back to text.)

² Communications Workers v. Beck, 487 U.S. 735 (1988) (back to text.)

³ Ellis v. BRAC, 466 U.S. 435 (1984). (back to text.)

⁴ Lehnert v. Ferris Faculty Association, 500 U.S. 507 (1991), and cases cited therein give an idea of what types of expenses are considered to come within the ambit of "collective bargaining." (back to text.)

⁵ These twenty-two states are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming. (back to text.)

⁶ An exception exists for employees who work in an industry governed by the Railway Labor Act and those employees working on a federal enclave. (back to text.)