Union retaliated against worker for resigning from membership, had worker transferred to force him to work on Saturday in violation of his religious beliefs
Warrenton, VA (March 8, 2018) – A Federal Aviation Administration (FAA) employee has won a federal settlement after the agency complied with union officials’ demands to punish him for resigning his union membership by transferring him to a position that caused a scheduling conflict with his religious obligations.
In 2013, Matthew Gray, a Seventh-day Adventist who works at the FAA’s Potomac facility, filed federal charges with the Equal Employment Opportunity Commission (EEOC) against the National Air Traffic Controllers Association (NATCA) union and FAA.
With free legal aid from National Right to Work Foundation staff attorneys, Gray filed the charges after he was informed by a union official that he was being removed from his detail and transferred to another in which he would be required to work on Saturdays as punishment for resigning from the union. Federal law ensures that independent-minded employees of the federal government, like Gray, cannot be required to pay any dues or “fees” to a union as a condition of employment.
Gray resigned union membership because he believes union membership is contrary to his faith. A central doctrine of Gray’s church is weekly worship, and not working, on Saturday. Gray’s original position allowed him to avoid any scheduling conflict between his work and religious obligations. By removing him from that detail, however, NATCA union officials effectively forced Gray to work on Saturday, unless he found a replacement or took leave every week, or lose his job.
Instead of standing up to the union’s ugly retaliation against a worker who chose to exercise his legal rights, Gray’s manager at the FAA told him that he was complying with the union’s transfer request because Gray “no longer represent[s] the best interests of NATCA.”
Before this settlement was reached, the EEOC had found cause to believe that the union violated Gray’s rights under Title VII of the Civil Rights Act, and Gray had won settlements resolving unfair labor practice charges he filed with the Federal Labor Relations Authority against the union and FAA.
“Make no mistake, union bosses punished Matthew Gray for simply acting on his deeply-held religious beliefs,” said Mark Mix, President of the National Right to Work Foundation. “Hardworking Americans should not face religious discrimination or any other retaliation for exercising their right to refrain from union membership.”
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in more than 250 cases nationwide per year.