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U.P.S. policy regarding beard and hair lenght ruled illegal
November 7, 2003 13:54 EST
Leslie Huggins, member of Local Union 931, works for U.P.S. since 1994 in the Montreal Hub as a package handler. In 1999, he obtained a job as a preloader and then he applied to a combo position, which is his actual job and as well as a part-time driver job.
The Company asked him if he agreed, if he got the driving job, to cut his hair and beard, to which Leslie answered that he could not because of his religious beliefs He is a Rastafarian (Rasta). He was then refused to follow the orientation, a step he needs to be able to apply for a driver job.
Upon recommendation of his business agent, Alain De Grandpr, he files, in June 2000, a complaint to the Canadian Human Rights Commission. At the time of the mediation hearing in November 2000, all parties agree that a grievance be filed and that the complaint to the Commission be withdrawn.
A grievance is filed in November 2000 and 8 hearings days are held in 2001, 2002 and the last one being in June 2003.
The Union argued that the U.P.S. policy was unreasonable and illegal and that it violated the private life rights and liberty of expression of the plaintiff, as well as his religious beliefs.
The Company argued that the plaintiff was not qualified for the job because he did not comply with the personal appearance policy, which was agreed by the Union in article 24.1 of the Labour Collective Agreement and which prohibits the wearing of beards and restricts the length of hair. (This policy was adopted in about 1925).
The arbitrator, Me. Claude H. Foisy, pronounced his decision on October 30th 2003 and he ruled that the portion of the Companys policy prohibiting beards and restricting the length of hair was illegal and ineffective and he ruled ineffective the stipulations of article 24.1 to this effect.The arbitrator based his decision on article 7 of the Canadian Charter of Rights and Freedoms and on article 3 and 35 of the Quebec Civil Code.
Canadian Charter of Rights and Freedoms, article 7. (Life, liberty and security of person):
Every one has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Quebec Civil Code
Article 3. Every person is the holder of personality rights, such as the right to life, the right to inviolability and integrity of his person, and the right to the respect of his name, reputation and privacy.
These rights are inalienable.
Article 35. Every person has a right to the respect of his reputation and privacy.
No one may invade the privacy of a person without the consent of the person unless authorized by law.
2003 - Teamsters Canada - All Rights Reserved
What do you think, USA next?
pd
U.P.S. policy regarding beard and hair lenght ruled illegal
November 7, 2003 13:54 EST
Leslie Huggins, member of Local Union 931, works for U.P.S. since 1994 in the Montreal Hub as a package handler. In 1999, he obtained a job as a preloader and then he applied to a combo position, which is his actual job and as well as a part-time driver job.
The Company asked him if he agreed, if he got the driving job, to cut his hair and beard, to which Leslie answered that he could not because of his religious beliefs He is a Rastafarian (Rasta). He was then refused to follow the orientation, a step he needs to be able to apply for a driver job.
Upon recommendation of his business agent, Alain De Grandpr, he files, in June 2000, a complaint to the Canadian Human Rights Commission. At the time of the mediation hearing in November 2000, all parties agree that a grievance be filed and that the complaint to the Commission be withdrawn.
A grievance is filed in November 2000 and 8 hearings days are held in 2001, 2002 and the last one being in June 2003.
The Union argued that the U.P.S. policy was unreasonable and illegal and that it violated the private life rights and liberty of expression of the plaintiff, as well as his religious beliefs.
The Company argued that the plaintiff was not qualified for the job because he did not comply with the personal appearance policy, which was agreed by the Union in article 24.1 of the Labour Collective Agreement and which prohibits the wearing of beards and restricts the length of hair. (This policy was adopted in about 1925).
The arbitrator, Me. Claude H. Foisy, pronounced his decision on October 30th 2003 and he ruled that the portion of the Companys policy prohibiting beards and restricting the length of hair was illegal and ineffective and he ruled ineffective the stipulations of article 24.1 to this effect.The arbitrator based his decision on article 7 of the Canadian Charter of Rights and Freedoms and on article 3 and 35 of the Quebec Civil Code.
Canadian Charter of Rights and Freedoms, article 7. (Life, liberty and security of person):
Every one has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Quebec Civil Code
Article 3. Every person is the holder of personality rights, such as the right to life, the right to inviolability and integrity of his person, and the right to the respect of his name, reputation and privacy.
These rights are inalienable.
Article 35. Every person has a right to the respect of his reputation and privacy.
No one may invade the privacy of a person without the consent of the person unless authorized by law.
2003 - Teamsters Canada - All Rights Reserved
What do you think, USA next?
pd
