Maine Human Rights Commission v. Local 1361, United Paperworkers International Union AFL-CIO

383 A.2d 369, 17 Fair Empl. Prac. Cas. (BNA) 347, 91 A.L.R. 3d 133, 1978 Me. LEXIS 1097, 16 Empl. Prac. Dec. (CCH) 8252
CourtSupreme Judicial Court of Maine
DecidedFebruary 27, 1978
StatusPublished
Cited by69 cases

This text of 383 A.2d 369 (Maine Human Rights Commission v. Local 1361, United Paperworkers International Union AFL-CIO) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maine Human Rights Commission v. Local 1361, United Paperworkers International Union AFL-CIO, 383 A.2d 369, 17 Fair Empl. Prac. Cas. (BNA) 347, 91 A.L.R. 3d 133, 1978 Me. LEXIS 1097, 16 Empl. Prac. Dec. (CCH) 8252 (Me. 1978).

Opinions

POMEROY, Justice.

In all human relations conflicting interests are bound to arise. If society is to exist in a peaceful and orderly setting such conflicts must be resolved to the end that the most desirable social result may obtain. “Our national commitment is to negotiation, dialogue, compromise and adjustment.” Cooper v. General Dynamics, Convair Aerospace Division, Fort Worth Operation, 533 F.2d 163, 172 (5th Cir. 1976), (Brown, C. J., specially concurring), cert. denied sub nom., International Association of Machinists and Aerospace Workers, AFL-CIO v. Hopkins, 433 U.S. 908, 97 S.Ct. 2972, 53 L.Ed.2d 1091 (1977).

Sometimes it is legislative bodies which treat an issue and attempt to reconcile conflicting interests by statutory enactment. E. g., 39 M.R.S.A. §§ 1 et seq. (The Workmen’s Compensation Act). In other instances it is left to the courts, without supporting legislative enactments to recognize “interests”, to declare upon them in terms of “rights” and to provide methodology for the vindication of such “rights”. E. g., Estate of Berthiaume v. Pratt, M.D., Me., 365 A.2d 792 (1976).

More often than not, although the Legislature has addressed an interest and legislated with regard thereto, it becomes necessary for the Court to interpret the statute, that ambiguities resulting from language used in the legislation become authoritatively resolved.

Such is the case here.

Legislative bodies have long since1 recognized there is a legitimate interest in workers joining together that they might bargain collectively with employers as to terms and conditions of employment. Such legislative bodies have sought to protect this interest by declaring a right to organize and bargain collectively.

Most notable of legislative enactments to this end is the National Labor Relations Act, 29 U.S.C. §§ 151 et seq.

There is no gainsaying citizens have an interest in being protected from persecution because of their particular religious beliefs. Our Legislature has addressed this interest and established such interest as a “right” by proscribing discrimination based upon one’s adhering to his particular religious beliefs. Our Maine Legislature has enacted the Maine Human Rights Act, (Maine Act) 5 M.R.S.A. §§ 4551 et seq. The declared purpose of such legislation is

to keep continually in review all practices infringing on the basic human right to a life with dignity, and the causes of such practices, so that corrective measures may, where possible, be promptly recommended and implemented, and to prevent discrimination in employment, housing or access to public accommodations on account of race, color, sex, physical or mental handicap, religion, ancestry or national origin .... 5 M.R.S.A. § 4552.

In the case now before us the interests of a labor union and the interests of Ms. Clarita Michaud regarding discrimination by reason of her religious beliefs and her practices dictated by her religion have come in sharp conflict. It is our responsibility to resolve those conflicts of interest consistent with the intention of the Legislature when it enacted the Maine Act and the intention of the Congress when it enacted the National Labor Relations Act.

The vehicle by which this responsibility became ours is a seasonably filed appeal from a decision of the Oxford County Superior Court denying the Maine Human Rights Commission’s (Commission) application for an injunction and dismissing its complaint. Local 1361, United Paperwork-ers International Union, AFL-CIO (Union) has cross-appealed because of certain con-[372]*372elusions enunciated by the court in reaching its decision.

We sustain the Commission’s appeal and deny the Union’s cross-appeal.

Ms. Clarita Michaud was employed by the defendant Oxford Paper Company (Company) as a laboratory technician since November 1970. In 1974 the Union was certified as the exclusive bargaining representative for a unit which included Ms. Michaud’s position. Thereafter on June 1, 1975 the Company and the Union entered into a collective bargaining agreement which contained a union security clause obligating all employees in part to pay periodic union dues of $6.00 per month. Upon written request from the Union, the Company was contractually obligated to discharge an employee for nonpayment of the dues.2

Ms. Michaud informed the Union that her religious beliefs as a Seventh-day Adventist precluded her from paying the monthly dues. She did, however, indicate to the Union that she would be willing to pay an amount of money equal to union dues to a charitable organization. This proposal was unacceptable to the Union and pursuant to the collective bargaining agreement it requested on July 17, 1975 that the Company discharge Ms. Michaud.

Fearing discharge, Ms. Michaud had filed an administrative complaint with the Maine Human Rights Commission (Maine Commission)3 on June 17, 1975, in which she alleged employment discrimination based on her religious beliefs. An investigator from the Commission’s staff made a preliminary inquiry into the merits of the allegations and recommended that the Commission find reasonable ground to believe that unlawful discrimination had occurred. On July 16, 1975, the Commission unanimously made such a finding and further found that Ms. Michaud’s imminent termination would constitute an emergency situation if relief were not immediately granted. On August 1, 1975, the plaintiff Commission filed a complaint in Oxford County Superior Court against the Company and the Union seeking damages and declaratory and permanent injunctive relief on behalf of Ms. Mi-chaud. At the same time it filed an application for a preliminary injunction, seeking to enjoin the defendants from terminating Ms. Michaud’s employment status for failure to pay her union dues. On September 15, 1975 a hearing was held on the request for the preliminary injunction. The Superi- [373]*373or Court issued an order on December 3, 1975 in favor of the Union. The Court did, however, temporarily enjoin the Company from discharging Ms. Michaud until it could be determined whether the Company could accommodate her religious beliefs by transferring her to a non-union position. At a further hearing on March 19, 1976, the parties stipulated that there was no other position within the Company to which Ms. Mi-chaud could be transferred. At the conclusion of this hearing the presiding Justice dismissed both the Commission’s application for a preliminary injunction and its complaint.4 From this final judgment the Commission has appealed and the Union cross-appealed. The General Conference of Seventh-day Adventists was granted leave to file an amicus curiae brief.

I.
The Maine Act declares that [i]t shall be unlawful employment discrimination, in violation of this Act, except where based on a bona fide occupational qualification:
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C. For any labor organization . to cause or attempt to cause an employer to discriminate against an individual in violation of this section .... 5
M.R.S.A. § 4572(1)(C).

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Bluebook (online)
383 A.2d 369, 17 Fair Empl. Prac. Cas. (BNA) 347, 91 A.L.R. 3d 133, 1978 Me. LEXIS 1097, 16 Empl. Prac. Dec. (CCH) 8252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maine-human-rights-commission-v-local-1361-united-paperworkers-me-1978.