In Burns,53 another Seventh Day Adventist refused to comply with a union security clause, citing religious objections. Burns offered to pay an equivalent dues amount to a designated charity. Both the employer and union agreed to waive the membership requirement, but would not forgo the payment of dues requirement. Burns refused and was fired. In supporting Burns's position, the court found the loss of Burns's dues to be a minimal hardship to the union that did not justify its refusal to forgo the dues payment.54

These and other cases establish:

  1. a clear duty on the part of unions and employers to make a good faith effort to accommodate employees whose religious beliefs prevent them from joining a union or paying union dues;

  2. the right of employers and unions to refuse to accommodate employees' religious beliefs if such accommodation imposes an undue hardship;

  3. that non-payment of dues or agency fees on the part of individual employees does not automatically impose "undue hardship" on a union; and that

  4. payment of an amount equivalent to dues or activity fees to a charity is considered by the courts to be a viable alternative that protects both the rights of the religious objector and the union.