39-31-204. Right of nonassociation with labor organization on religious grounds -- requirements and procedure for assertion of right. (1) A public employee who is a member of a bona fide religious sect or division of a sect, the established and traditional tenets or teachings of which oppose a requirement that a member of the sect or division join or financially support a particular or any labor organization, may not be required to join or financially support that particular labor organization or any labor organization if the tenets or teachings oppose a requirement that any labor organization be joined or supported as a condition of employment. However, the public employee shall pay in lieu of periodic union dues, initiation fees, and assessments, at the same time or times the periodic union dues, initiation fees, and assessments would otherwise be payable, a sum of money equivalent to the periodic union dues, initiation fees, and assessments to a nonreligious, nonunion charity designated by the labor organization. The public employee shall furnish to the labor organization written receipts evidencing the payments, and failure to make the payments or furnish the receipts subjects the employee to the same sanctions as would nonpayment of dues, initiation fees, or assessments under the applicable collective bargaining agreement.

(2) A public employee desiring to exercise the right of nonassociation with a labor organization as provided in this section shall make written application to the presiding officer of the board of personnel appeals. Within 10 days of the date of receipt of an application, the presiding officer shall appoint a committee of three consisting of a member of the clergy not connected with the sect in question, a labor union official not directly connected with the labor organization in question, and a member of the public at large who is the presiding officer. The committee shall within 10 days of the date of its appointment meet at the locale of either the employee's residence or place of employment and, after receiving written or oral presentations from all interested parties, determine by a majority vote whether or not the public employee qualifies for the right of nonassociation with the labor organization. The committee's decision must be made in writing within 3 days of the meeting date, and a copy of the decision must be mailed to the public employee, labor organization, and presiding officer of the board of personnel appeals.

History: En. Sec. 3, Ch. 441, L. 1973; amd. Sec. 1, Ch. 244, L. 1974; R.C.M. 1947, 59-1603(5); amd. Sec. 1, Ch. 237, L. 1985; amd. Sec. 1511, Ch. 56, L. 2009.