STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

Paul N. Hammer, appeared pro se.

Mark Hepburn, Business Representative, appeared on behalf of the union.

On April 18, 1989, Paul N. Hammer filed a petition with the Public Employment Relations Commission, seeking a ruling pursuant to Chapter 391-95 WAC concerning his obligations under the union security provisions of a collective bargaining agreement between the University of Washington, Department of Printing, and the Graphics Communication International Union, Local 767-M. A hearing was held in Seattle, Washington, on February 21, 1990, before Examiner Jack T. Cowan.

BACKGROUND

The collective bargaining agreement between the employer and the union for the period of March 17, 1989, through March 16, 1992, provides, in part:

ARTICLE 6 - UNION MEMBERSHIP AND DUES

Section 2. It shall be a condition of employment that all employees covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing, and those who are not members shall either join the Union or contribute periodically an amount equivalent to the regular monthly dues of the Union to the Union, and any employee hired or assigned into the bargaining unit as defined in Article 4 of this Agreement shall, on or after the thirtieth (30th) day following the beginning of such employment, or inclusion within the bargaining unit, either join the Union or contribute monthly an amount equivalent to the regular monthly dues of the Union to the Union.

Employees who are determined by the Public Employment Relations Commission to satisfy the religious exemption requirements of RCW 41.56.122 shall contribute an amount equivalent to regular union dues and initiation fees to a charitable organization mutually agreed upon by the employee affected and the bargaining representative to which such employee would otherwise pay the regular monthly dues.

The provision of statute referred to in the collective bargaining agreement specifies:

RCW 41.56.122 COLLECTIVE BARGAINING AGREEMENTS -- AUTHORIZED PROVISIONS. A collective bargaining agreement may:

(1) Contain union security provisions: PROVIDED, That nothing in the section shall authorize a closed shop provision: PROVIDED FURTHER, That agreements involving union security provisions must safeguard the right of nonassociation of public employees based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member. Such public employee shall pay an amount of money equivalent to regular union dues and initiation fee to a nonreligious charity or to another charitable organization mutually agreed upon by the public employee affected and the bargaining representative to which such public employee would otherwise pay the dues and initiation fee. The public employee shall provide written proof that such payment has been made. If the public employee and the bargaining representative do not reach agreement on such matter, the commission shall designate the charitable organization. When there is a conflict between any collective bargaining agreement reached by a public employer and a bargaining representative on a union security provision and any charter, ordinance, rule, or regulation adopted by the public employer or its agents, including but not limited to, a civil service commission, the terms of the collective bargaining agreement shall prevail.

Hammer became a member of the Shoreline Seventh-day Adventist Church in Seattle, Washington, early in 1988. Somewhat later, the union was certified as the exclusive bargaining representative for the graphics communications workers at the University of Washington Department of Printing.[1]

When the union came into its role as exclusive bargaining representative, Hammer discussed the matter with the elders of his church, and was advised that there was a problem with union membership. Hammer also spoke to the pastor of the church, who helped him to provide documentation concerning the tenets and beliefs of the church. Hammer submitted the required application for union membership on February 27, 1989, but he noted on that application that there was a conflict between his religious beliefs and the compulsory affiliation with the union.

On April 5, 1989, Hammer submitted documents to the union, in the form of a National Labor Relations Board (NLRB) form entitled "Request for Right of Accommodation Because of Religion" promulgated by the NLRB for use in connection with Section 19 of the National Labor Relations Act.[2] On that form, Hammer stated, "Based on both the historically held teachings of the church as set forth in the position statement and my own personal religious convictions, I request I not be listed as a member of the union and not be required to pay union dues".

A position statement provided by Hammer states the position of his church, as follows:

LABOR UNIONS SEVENTH-DAY ADVENTIST POSITION STATEMENT

WHEREAS, On the basis of principles set forth in the Bible, the Seventh-day Adventist Church teaches that Christ is to be Lord of the life the ultimate authority to which Christians will submit all decisions and relationships. (Acts 2:36; 5:29; Col. 3:23, 24); and

WHEREAS, The church teaches that Christians should stand apart from any organization or alliance that might impinge on the lordship of Christ in the life (Isa. 8:12, 13; 2 Cor. 6:14 - 18); and

WHEREAS, The Christian dare not violate his conscience by giving support to activities or policies incompatible with the principles and counsel set forth in God's Word; and

WHEREAS, An increasing number of Seventh-day Adventist Church members are finding it necessary to explain the position of the church in relation to joining or financially supporting labor unions and similar organizations,

We recommend, 1. That the Seventh-day Adventist Church hereby reaffirm its historical position that its members should not join or financially support labor unions and similar organizations.

2. That the Seventh-day Adventist Church member is following the teaching of the church when because of religious convictions he refuses to join or financially support labor unions and similar organizations or associations, or discontinues membership or financial support of a labor union, and similar organization or association.

3. That pastors diligently inform Seventh-day Adventist Church members through sermons, personal counseling, church publications and other media of the Bible principles and the Spirit of Prophecy counsel on which the church's position is based.

North American Division Committee on Administration, Mexico City, October 16-20, 1972.

In response to questions from the union, Hammer testified that his personal convictions were the same as those set forth in the position statement of the church, and that he was opposed to membership in any union.

POSITIONS OF THE PARTIES

Hammer asserts that his claim of a right of non-association is based upon the teachings of his church. He further affirms that his own personal beliefs align with those of his church. He argues that those beliefs combine to prevent his union membership. He indicated his willingness to make alternate contributions to a mutually agreed charity.

The union does not seriously question or contest the teachings of Hammer's church, or even his personal beliefs. Rather, the union seeks a decision based upon conformity with the statute and exclusion of non-religious objections to union membership.

The parties agreed that the Fred Hutchinson Cancer Research Center was acceptable as a charity, in the event that Hammer's request for nonassociation was allowed.

DISCUSSION

Under Grant v. Spellman, 99 Wn.2d 815 (1983) [Grant II], an employee can establish his or her right to nonassociation by demonstrating a bona fide religious objection at either of two levels. The first of those is that the employee subscribes, as a member of a church or religious body, to the teachings of that body. The second is based on personally held bona fide religious beliefs. The Commission codified that precedent in WAC 391-95-230.

The Seventh-day Adventist Church clearly teaches its members against belonging to or financially supporting labor unions. As a member of that church, and adhering to the teachings of that church, Hammer unequivocally falls within the purview of RCW 41.56.122(1), the Grant II decision and WAC 391-95-230(1).

Having achieved in establishing his right of nonassociation by reference to his membership in a religious body that teaches against union membership, it is not necessary that Hammer also sustain a burden of proof to substantiate claimed rights of nonassociation based on personal beliefs or teachings which are religious in nature.

FINDINGS OF FACT

1.                  The University of Washington Department of Printing is a public employer within the meaning of RCW 41.56.020 and 41.56.022.

2.                  Graphics Communications International Union, Local 767-M, a bargaining representative with the meaning of RCW 41.56.030(3), is the exclusive bargaining representative of a bargaining unit of printing craft employees of the University of Washington Department of Printing.

3.                  Paul Hammer is an employee of the University of Washington, within the bargaining unit represented by Local 767-M.

4.                  The employer and the union are parties to a collective bargaining agreement which contains an agency shop provision requiring all bargaining unit employees to maintain their membership in the union or pay a "representation fee". Such union security provision safeguards the right of non-association of employees based upon bona-fide religious tenets or teachings of a church or religious body.

5.                  Hammer is a member of the Shoreline Seventh-day Adventist Church. The church has teachings which directly prohibit its members from joining or remaining as members of labor unions.

6.                  On April 5, 1989, Hammer submitted documents to the union, asserting a right of nonassociation under RCW 41.56.122(1), seeking exclusion from the membership obligations of the collective bargaining agreement between the employer and the union. The union did not grant Hammer's request, and he filed the petition in this case on April 18, 1989, asserting a right of nonassociation based upon bona fide religious tenets or teachings of a church or religious body.

7.                  The parties stipulate that the Fred Hutchinson Cancer Center is an appropriate charitable organization to receive alternative payments under RCW 41.56.122(1).

CONCLUSIONS OF LAW

1.                  The Public Employment Relations Commission has jurisdiction in this matter under Chapter 41.56 RCW and Chapter 391-95 WAC.

2.                  Paul Hammer has sustained his burden of proof demonstrating a nexus between his religious beliefs and his assertion of a right of non-association, under RCW 41.56.122, from Graphic Communications International Union, Local 767-M.

ORDER

1.                  Paul Hammer shall henceforth make alternate payments of union dues to the Fred Hutchinson Cancer Center, and shall furnish proof to Local 767-M that such payments have been made.

2.                  If no petition for review of this order is filed with the Public Employment Relations Commission within twenty days following the date of this order, the University of Washington shall release and pay over any funds held in escrow pursuant to WAC 391-95-130 to the Fred Hutchison Cancer Center.

3.                  If a petition for review of this order is filed with the Commission within twenty days following the date of this order, such filing shall automatically stay the effect of this order pending a ruling by the Commission.

DATED at Olympia, Washington, this 7th day of June, 1990.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

JACK T. COWAN, Examiner

This order may be appealed by filing a petition for review with the Commission pursuant to WAC 391-95-270.