The British Columbia Labour Relations Board (BCLRB) has dismissed an application for a religious exemption from union membership brought forth by an employee of the City of Abbotsford.
N.D., a self-represented long-time member of the Eastern Orthodox Church, sought an exemption under Section 17 of the Labour Relations Code, citing his religious beliefs as incompatible with union membership.
The Canadian Union of Public Employees (CUPE), Local 774 opposed the application.
N.D. argued that his religious convictions, which include objections to the principles and practices of labour unions, prevented him from maintaining union membership. His submissions were heavily based on scriptural references and religious teachings — and he said he wrote them himself.
However, during cross-examination, it was revealed that substantial portions of his written submissions were nearly identical to an article by Professor David J. Engelsma, raising questions about the originality and authenticity of his claims. That article, titled Labor Union Membership in Light of the Scripture, was published by the Peace Protestant Reformed Church in Lansing, Illinois.
“It is extraordinarily unlikely the Applicant would have independently written the impugned portions of his submissions, which in many cases identically mirror the language contained in the Article,” the board said. This finding cast doubt on the sincerity of his stated religious convictions.
Additionally, the board scrutinized N.D.’s history of union interactions and found inconsistencies between his actions and his claimed religious objections. Notably, he had previously utilized union representation to extend his probationary period and resolve employment disputes, actions that seemed contradictory to his declared beliefs.
The board concluded that N.D.’s participation in union activities and his communications advocating for wage increases further undermined his claim.
The Board emphasized that an applicant’s objection must be to all trade unions generally and must be predominantly based on religious beliefs. In this case, the evidence did not support such a broad and sincere objection.
“I am not persuaded the Applicant’s conduct demonstrates he has a bona fide objection to joining or paying dues or other assessments to trade unions generally due to a religious conviction or belief,” the board stated.
It did note that the dispute in this case was not about whether or not N.D. “has genuine spiritual beliefs,” the board said.
“I have no reason to doubt that the Applicant is a sincere Christian and a spiritual person,” it said. “However, on the specific question before me of whether the Applicant objects to trade union membership generally because of his convictions and beliefs, I am unable to answer in the affirmative.”
Key takeaway
- Consistency of Actions and Beliefs: The ruling highlights the importance of consistency between an individual’s actions and their stated religious beliefs when seeking exemptions from union membership.
- Evidence of Sincerity: Applicants must provide credible and original evidence of their religious convictions, particularly when relying on external sources or literature.
- Broad Objection Requirement: To qualify for a religious exemption under Section 17, the objection must be to all unions on a religious basis, not just specific unions or practices.
For more information, see Nicolas Yanyk Duran, 2024 BCLRB 75.
