Frequently Asked Questions
Choose
Charity: What
You Can Do With Your Union Dues
Depending
on vocation and location, many employees find themselves paying dues and
participating in a union without any choice. Some workers may want to be a
part of their union to be a positive influence and to make a difference.
Often, however, believers have religious convictions against supporting
their union, and others may have ideological objections to the political
agenda of their union.
According
to already existing law under Title VII, union members can avoid
supporting causes and candidates they believe are in opposition to their
religious beliefs and/or their political views by informing the union of
their objection to paying dues. This applies to members of ALL unions –
government, supermarket, auto manufacturing, etc.
There
are two distinct types of objections that can be raised with unions –
religious opposition and political opposition. Each type allows a specific
level of accommodation with respect to the payment of dues. The dues
collected by unions are typically split into two parts. The first and
largest portion, the agency fee, is used to support union representation, collective
bargaining and benefits. The second portion, the political fee, is used for lobbying, membership recruitment,
campaigning and other political purposes.
Q: Who qualifies as a “Religious
Objector”?
A: Title
VII of the Civil Rights Act accommodates persons who object on religious
grounds to the payment of union dues by allowing them to give to a
charitable organization as a substitute form of payment. The courts
have uniformly interpreted this provision to require accommodation
through substitute charitable payment.
Unions
cannot require objectors to submit church doctrine statements that
demonstrate religious convictions against supporting unions. Two
court decisions have declared a union objector needs only to explain
his/her sincere religious objection and it does not have to be supported
by any official church doctrine.
The employee simply has
an obligation to provide a sufficient description of their religious
belief or conviction to prove that it is in fact a sincere belief. For example, you can quote religious
scripture or discuss religious experiences (e.g., “God convicted me of .
. .”).
Unions also cannot request
to see letters from clergy.
In some instances, uncooperative unions have tried to discourage workers
from transferring their union dues to charities by demanding statements
from clergy or church leaders. The courts have ruled in favor of the
employees, stating that they must only thoroughly explain why it is
against their earnest religious beliefs, nothing more.
As
a “religious objector” who chooses to refrain from supporting the
union based on religious beliefs, you have the right to divert the entire amount of your union dues to charity. You send a letter
(similar to the one included in this packet and according to the
instructions given below) to your union asking to have the funds diverted
to a mutually
agreeable 501(c)(3) charity. You should be aware that under
Federal Law, your union has the right to designate three charities
for you to choose from when diverting your dues.
If
your union does not designate any charities, then you may divert your dues
to the non-profit, non-labor, non-religious charity
of your choice. Your dues can only be donated to a non-profit charity such
as the American Heart Association or the American Cancer Association, not
to a political or religious organization. If you have a specific
organization in mind, but you are not sure if it qualifies, the best thing
to do is to contact Pacific Justice Institute. We will assist you in any
way we can.
Q:
Who qualifies as a “Political Objector”?
A: If
you are a “political objector” you may not wish to have a portion of
your dues go to support certain political candidates and liberal causes,
such as abortion rights or homosexual causes. As a political objector, you
are entitled to a refund of the portion of your dues which are spent on
lobbying activities by the union. Whatever
money is not used for “agency fees” – the part used to support union
representation, collective bargaining and benefits that go toward the
union’s “political activity” – can be returned to you via a refund
check. No questions asked.
You
will still technically have to pay your union dues, but some of it will
come right back to you, and only the portion directly related to union
representation will go to the union. This refund may only be a small
percentage of the amount you pay, but the portion of dues returned to you
must match that portion claimed by the union to go to political activity.
You
may find when examining your objections to union activities that your
ideological objection to unions is indeed based on your deeply-held
convictions and faith. If that is the case, you will want to designate
yourself as a religious objector, rather than a political objector, which
entitles you to different rights and benefits which were described above.
Q:
What about my union benefits? Will I
still get my pay increase?
A: Regardless
of whether you designate yourself as a political or religious objector,
you will no longer be considered a member of the union.
However, whichever objection you apply for, you will continue to
receive any and all benefits of collective bargaining. You will keep
the same pay as every member of the union, and receive the exact
same benefits from your employer. However, you will lose your
benefits provided directly by the union, such as extra liability
insurance. In most instances, however, these benefits can be replaced at
minimal cost by other organizations. Pacific Justice Institute can suggest
a number of ways to supplement your benefits at very low cost to you. But
remember, you will keep any and all benefits from your employer and still
benefit from collective bargaining.
Q: How do I notify my union that I
request my dues be given to a charity?
A: Feel
free to use the language found in the sample letter included in this
packet, but do not copy it directly. After you have completed your letter,
it is best to have someone at Pacific Justice Institute review it;
therefore, we request that you fax or email your letter to us.
After you get the green light from us, send it directly to your local
union. They should know all about this provision to divert your dues, and
the process should be easy. If you have any questions, or if your union
contacts you, please give us a call. We are here to help.
If you still have questions about our Choose Charity Program, please contact us, and we will help you in any way we can, free of charge. Choosing to reroute your union dues is just one of many ways you may choose to express your faith and beliefs.
