Free Conscience

Questions and Answers about Non-Association

Q: I’m in a WFSE bargaining unit. Do I have to join the Union?

A: No, but you do have a Union obligation

Q: Do I have to pay due/fees to the WFSE?

A: Unless you “Non-Associate” with the Union, you have to at least pay fees to the WFSE.

Q: What you mean by “pay fees”.

A: There are three cases where you pay fees to the Union:

1) You become a Union member

2) You don’t actually join the Union, but pay the equivalent of full dues to the Union.

3) You file for “representation” status where you pay fees which represent full dues less money the Union spends on political funding.

In the Fourth case (Non-Association); you pay the equivalent of full Union dues to a charity instead.

(For more information on joining vs. not joining, click here:)

Q: If I don’t actually join the Union, does the Union still represent me?

A: By Washington law, the Union must represent all members of a bargaining unit, whether or not they are actual members of the Union. states that “(3) The certified exclusive bargaining representative shall be responsible for representing the interests of all the employees in the bargaining unit “ (emphasis added).

A: The Union has taken a narrow interpretation of this law, and excludes voting participation for Union non-members who are a part of a bargaining unit. The exception to this was the “required” provision for voting on the first contract ratification

Furthermore, in 2004, the Evergreen Freedom Foundation, on behalf of several employees petitioned the Public Employment Relations Commission (PERC), to modify its rules to require that the Union “permit each affected employee equal participation on the terms of conditions of their employment”.

Q: How can the Union represent my interests if they won’t listen to me in their decision making process?

A: That’s a good question.

Q: What are the qualifications to apply for non-association and paying money to a charity instead of the Union?

A: Not nearly as narrow as the Union has led you to believe. WFSE published documentation which led you to believe that you had to belong to (“I am a member in good standing of”) a religious organization “whose bona fide religious tenets or teachings require that I refrain from belonging to a union” They also said “as a condition of employment I am required to have deducted from my payroll check an amount equivalent to regular monthly dues.” (emphasis added)

None of these “requirements” are true.  Your right to a “reasonable accommodation” to the conflict between your religious beliefs and Union membership or support is well established in both State and Federal law.  You do not need to be a member of a religious organization (though this supports the legitimacy of the religious nature of your conflict). It can be a personal religious belief, and your payments do not have to be by payroll deduction.

 
At the State level and with respect to State laws the organization to arbitrate non-association issues is PERC.  At the Federal level and with respect to Federal law, the organization is the Equal Employment Opportunity Commission (EEOC).

Click below to see more information about State and Federal information on the qualification for non-association.

Q: What are my choices for funding a charity instead of union payment?  Is it only the Union’s scholarship fund?

A: Here again, the union has attempted to make you believe that your “charity” option for non-association was ONLY the WFSE scholarship fund.  In a 2005 mailing to all members of the WFSE bargaining units, that is what the literature suggested.  As late as March 2005, a paid Union representative at an “informational” meeting flat out said that the choice for those who non-associate was the Union scholarship fund.  When confronted on this issue, the Union representative eventually backpedaled and indicated that there had been exception made (the implication was one or a few) for some employees.

At that same session, the Union representative also stated that exceptions would have to be to charities whose purpose was in concert with the wishes of the Union membership.

The Union knows better.  Prior to 2005, in just one bargaining unit, multiple exceptions to legitimate non-union related charities have been granted by the WFSE out of a unit of just over 100 people.  Furthermore, they know that is the legal requirement, based on both State and Federal statute and case law.

In May of 2005, the executive board (not the membership) met and “approved” five choices of legitimate charities, in addition to the Union’s scholarship fund.  They did not bother to send this information to all the bargaining unit members like they did for the misinformation they sent earlier.  They did eventually update their Web site to list the additional five choices.  The executive board presumes to speak for the will of the entire membership with respect to the choice of charities.

Q: So what is the process for choosing a charity?  Can it be just any legitimate charity I want?

 A: In practical terms, unfortunately not.  The process for applying for non-association, as described in WAC391-95-030 has two basic element in it: 1) documenting the sincerely held religious basis for requesting non-association, and 2) listing one or more non-religious charities to which the employee is prepared to give to as an alternative to Union dues or fees.

The Union, within 60 days (WAC 391-95-050), is supposed to make judgment on the legitimacy of the request (is it genuine/sincere, and is it religious based), and the approval or disapproval of the charity.  Unfortunately this WAC gives no guidance as to the Union’s discretion in approving or disapproving a charity.

Since 2005, the Union has taken a pretty hard line as to approving ONLY the 5 legitimate charities they decided on as the executive board.

If you have had a charity approved either before or after 2005 that is not in the list of the five “approved” by the Union today, we would like to hear from you.

Important new information that may impact your choice of charity

PERC decision 9959 (January 2008) ruled that for a non-religious charities, the Union does not have the right to dictate the choice. [Note: This decision was NOT against WFSE (but against another union). However, the same principle SHOULD apply to WFSE.]

In their conclusion of law PERC said:

“RCW 41.59.100 requires the union to agree to a religious objector's designation of an organization to receive alternative dues payments once the objector proves the designated organization is both nonreligious and a charity.”

Further, in their finding of fact, PERC quoted the IRS 501(c)(3) status as justification that the requested charity was not “religious”:

“SHI [the employee’s choice of charity] is a nonreligious Internal Revenue Code section 501(c)(3) charity.”

Q: What do you mean by “legitimate charity”?

A: By Washington law, charities should be registered with the Secretary of State’s office (http://www.secstate.wa.gov/charities) . This registration requires financial disclosure of the funds collected at the end of each year. As far as we can tell the Union’s fund is not registered and there is no verifiable financial disclosure. Who can tell how much of the scholarship “donations” actually make it into scholarships?

Q: Where can I get more information on how to request non-association?

A: The National Right to Work Legal Defense Foundation (http://nrtw.org) provides information on a number of topics related to the issue of non-association. Click below for a document prepared by Bruce Cameron of NRTW on the topics of: 1) How to prepare a request, 2) how to appeal to the EEOC if needed, and 3) some of the legal basis for your right “reasonable accommodation” (non-association). In Bruce’s document, he offers to review your request before filing.

Click below to see some samples of non-association requests.  DO NOT simply copy these at that would weaken the credibility that it is YOUR issue.

Q: Can the Union turn my legitimate request down?  Do I have a right to “reasonable accommodation”?

A: Yes, the Union can (and did) turn down requests.  They are in violation of both federal and state law when they do.  In October of 2005, the WFSE turn down dozens, if not hundreds of legitimate request – including one from a pastor’s wife.  At the State level, the appeal process is thru PERC.  At the Federal level, the appeal process is through the EEOC.  The National Right to Work staff recommends appealing to EEOC.  This is for at lease three reasons.  First, the EEOC is more insulated from the situation – they are not the employer of affected State employees.  Second the NRTW lawyer are not members of the Washington State Bar and don’t have the ability to advise or support you based on State law.  Third, the Federal protections are stronger than the State law.

Q: Is my job in jeopardy if the Union turns down my legitimate request for non-association?

A: We are not aware of a single employee who, having made the Union and their Employer aware of their religious objection through the prescribed process, has been fired or threatened to be fired.  The NRTW strongly recommends letting both the Union and your employer know of your request for non-association (e.g., multiple copies of your request to multiple levels in the Union as well as your employer – supervisor, HRD local representative, agency HRD).  Also let your employer know if you file an EEOC complaint against the Union.

Q: I was coerced and/or misled about non-association and joined the Union.  Is it too late to request non-association?

A: No.  In your request for non-association, you may well want to include the fact that you were led to believe that you didn’t qualify and now you understand you do and thus your religious based conscience was violated by the Union.  Non-association may be requested at any time.  Refusal to grant reasonable accommodation for a legitimate request is a violation of law.

Q: What can you tell me about filing and EEOC complaint?

A: Again, the process for filing an EEOC complaint is described in the NRTW document.  There is a time limit, but it is from the most recent violation, so if you were rejected in October 2005, you may want to apply for non-association with the Union again.

A number of mediation processes stemming from October 2005 rejections by the Union are just now being resolved.

Q: It irks me that the Union is pushing a list of only five real charities.  Am I stuck with that list?

A: Possibly.  The legal requirement is that the Union provide a “reasonable accommodation” without an “undue burden” on their part.  The choice of five charities likely does that (unless you have religious basis for not contributing to any of the five charities).

Prior to 2005, the WFSE granted accommodation to other charities.  If the Union has granted you accommodation (either before or after 2005) for an “alternate” charity, we would like to hear from you.

It is known that the Union WILL NOT approve an alternate charity to which they are philosophically opposed.

They might approve a different charity in your geographic area that is of the same character/purpose as one of those in the Union list.

Q: Do I have to use the Union supplied forms?

A: No.  In fact the Union supplied forms may contain provisions that limit your rights or constrain your actions.  There is no legal requirement to use their forms.

Q: Do I have to make my charity payment thru the Union?

A: This has been a sticking point for many employees.  Money sent TO the Union and payable TO the Union presumably FOR the charity gets co-mingled with Union funds and there is no independent verification of it.

Recent mediation agreements call for payments to the charity through the State Combined Fund Drive (CFD).  This was also common practice prior to 2005.

The underlying issue is that the Union wants to be able to verify the contribution.  CFD has agreed to do this.

Q: Why doesn’t the Unions post more honest complete information about non-association on their Web site?

A: That’s a good question.  It is true that every dollar that is sent to a charity by a bargaining unit member through non-association is a dollar the Union doesn’t get.

On the WFSE web site, they simply say:

“If you qualify for non-association fee status, you can designate that your fee go to one of the five charities: American Heart Association, American Cancer Society, Children’s Hospital Foundation, Second Harvest Food Bank of the Inland Northwest; or Thurston County Food Bank”

They go on to tell you to ask for their form (not a legal requirement) and send it toWFSE.

Notice they no longer tell you what the qualifications are, other than quoting the State statute which might lead you to believe the qualifications are more restrictive than they are, especially in the context of the misinformation they sent out in the March-April 2005 time frame. 

They also do not say you must designate one of the five charities, they say you can. 

They also imply that the funds are sent to/thru them (from context in the earlier paragraphs). 

At one point one member’s EEOC proposed agreement (this is language the EEOC and/or Union came up with, not the employee) had the following language in it:

“B  The Union agrees that it will adopt a religious accommodation policy which permits a religious accommodation for all sincere religious objectors regardless of whether or not they are a member of any church, synagogue or other religious organization or institution.  No doctrinal requirement will be imposed on those seeking religious accommodation and not pastor, priest, rabbi, cleric or member of the clergy will be contacted by the Union to inquire about the tenets of the church, synagogue or other religious organization or institution of which the religious objector is a member.  Applications for religious accommodation may be made at any time.  The Union will resolve applications for religious accommodation within 60 days.  The Union will not condition either the application or grant of religious accommodation on the requirement that the religious objector sign a payroll deduction authorization.

C The Union agrees that its new religious accommodation policy will be publicized on its web site.  Its web site will contain the information in (B) above and will be available to all employees in any bargaining unit it represents.  When the Union makes its Hudson disclosure, it will contain a notice that information for potential religious objectors is available on its web site and will provide the web site address.”

It is not known whether these requirements made it into any final EEOC mediation agreements (please contact us if it has), but the Union has refused this kind of language in more recent mediation agreements.

If this detailed information regarding non-association qualification is on the WFSE web site, it’s not obvious where.