Herman O. Tooley, Edward J. Helt and Arnold G. Bakke v. Martin-Marietta Corporation, a Corporation and United Steel Workers of America, Local 8141

The United Steelworkers of America, Local 8141, appeal the decision and order of the district court, enjoining the Steelworkers and the Martin-Marietta Corporation from attempting to discharge the plaintiffs for their nonpayment of union dues. We affirm.

FACTS

In 1976, the Martin-Marietta Corporation and Steelworkers Local 8141 executed a collective bargaining agreement containing a “union shop” clause, under which the company was obligated to discharge all employees who failed to join the union. Plaintiffs Tooley, Bakke, and Helt are Seventh Day Adventists who, under the tenets of their faith, are prohibited from becoming members in or paying a service fee to a union. Plaintiffs informed the company and the union of this proscription, and offered to pay an amount equal to union dues to a mutually acceptable charity. The union refused.

After exhausting their administrative remedies, plaintiffs instituted this action, alleging that the union’s and the company’s refusal to honor the requested accommodation constituted religious discrimination under Title VII of the Civil Rights Act of 1964. 42 U.S.C. §§ 2000e-2(a), 2000e-2(c) (1976). In particular, the plaintiffs argued that both…