The Liberty Justice Center (LJC) and the National Right to Work Legal Defense Foundation filed a federal lawsuit yesterday challenging the Puerto Rico Industrial Commission (PRIC) and United Food and Commercial Worker (UFCW) Local 481 over the compulsory deduction of union dues from a public employee’s wages without his consent.
The suit, filed in the U.S. District Court for the District of Puerto Rico, is on behalf of public employee Luis Rigau. Mr. Rigau alleges that the PRIC and UFCW Local 481 have been illegally deducting dues from his paycheck since December 2022, despite his repeated written objections and his prior resignation from the union in 2018.
Reversal of Rights Following Janus
Rigau’s initial resignation followed the landmark 2018 U.S. Supreme Court decision, Janus v. AFSCME. The Janus ruling established that public employers and unions cannot deduct dues or fees from a public employee’s pay unless the employee provides affirmative consent and a knowing, voluntary waiver of their First Amendment rights.
The lawsuit states that while the PRIC initially respected Rigau’s resignation and stopped deductions in 2018, the commission “reversed course” in November 2022. At that time, it allegedly reinstated compulsory union membership and dues deductions for all bargaining unit employees, including nonmembers—a move the LJC argues is a clear violation of the Janus precedent. The Union reportedly cited a local procedural ruling to justify the change.
Attorneys and Activist Speak Out
“The Constitution is clear after Janus: the government cannot take union dues from a public employee without his or her affirmative consent,” said Ángel J. Valencia, senior counsel at the Liberty Justice Center. “PRIC and UFCW Local 481 are ignoring that rule and are seizing Mr. Rigau’s wages anyway. We are asking the court to put a stop to this violation.”
Mark Janus, the lead plaintiff in the original 2018 Supreme Court case, also voiced support for the lawsuit. “Compulsory union dues are unconstitutional and this is exactly what I, and the Liberty Justice Center, fought so hard to eradicate back in 2018,” Janus stated. “Unions have no right to reinstate union membership requirements, especially when a public employee has explicitly opted out.”
The complaint, titled Rigau v. Puerto Rico Industrial Commission, seeks a declaratory judgment that the compulsory dues policy violates the First and Fourteenth Amendments. It also asks the court for an injunction to halt future unauthorized deductions, restitution for the dues already taken, nominal damages, and attorneys’ fees.
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