Ontario Labour Board gives weight to religious beliefs

Electrician spurned union because of faith but took big raise
and pension improvements won by collective bargaining

Toronto - The Ontario Labour Relations Board has set a precedent by ruling in favor of an electrician who refused to join a union on grounds that membership violated his religious beliefs.

Victor Allan, a journeyman electrician, filed a complaint with the board after joining a company in 2004 and learning he was required to join a union as a condition of employment.

Allan said he belonged to a fellowship or "brethern" of believers in Jesus Christ. A central tenet of his religion was that believers must not belong to any other assembly, including clubs, associations or unions, he said.

The International Brotherhood of Electrical Workers (IBEW) opposed Allan's case at the board, questioning the sincerity of his beliefs. It also argued that union membership is necessary to fulfill certain Ontario Labour Relations Act requirements dealing with stability in the fast-changing construction industry.

Despite his opposition to unions, Allan had no problem accepting a hefty union-won raise  – from $22 to $30.37 an hour. He also accepted improved pension benefits.

Allan's rationale was that he had not participated in union affairs, and that the company had agreed to to make the improvements. Thus, his beliefs were not violated in accepting the union-won gains, he contended.

Likewise, Allan said he could accept pension improvements, even though they came from a pooled fund, because benefits are paid to an "individual" rather than a group basis.

The board conceded that Allan's explanations were "somewhat tenuous" but it accepted that his religious beliefs were sincere, and thus ruled in his favour. NUPGE

Web posted by NUPGE: 16 October 2005

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