Worker also challenged unconstitutional Puerto Rico laws mandating union membership and dues payment

San Juan, PR (October 24, 2023) – A Puerto Rico Trial Court has dismissed charges from a chapter president of the Unión Independiente Auténtica De Los Empleados De La Autoridad de Acueductos y Alcantarillados (UIA) that sought to foist a restraining order on Reynaldo Cruz, an employee of the Puerto Rican Aqueduct and Sewer Authority (PRASA).

National Right to Work Foundation staff attorneys are providing Cruz with free legal services in both this dispute and a lawsuit at the United States District Court for the District of Puerto Rico, in which Cruz is challenging Puerto Rico laws authorizing public corporations and unions to require employees to maintain union membership and pay union dues as a condition of keeping their jobs.

Cruz argues in that ongoing, multi-year suit that various provisions of the Puerto Rico Labor Relations Act violate the First Amendment. In 2018, the Supreme Court ruled in the landmark Foundation-won Janus v. AFSCME case that public employees have a First Amendment right to opt-out of dues payments to an unwanted union, and that public employees must waive this right before any dues are deducted from their paychecks.

In the more recent dispute over the restraining order, the UIA chapter president sought such an order against Cruz because he made Facebook posts criticizing the union’s representation of employees and the chapter president’s performance, specifically describing the chapter president as “lazy.” The union official claimed that a restraining order was necessary because Cruz would have to be stalking him to know of his “lazy” behavior. The UIA chapter president identified no evidence other than the Facebook posts themselves.

Foundation attorneys rebutted this outrageous theory. “Reynaldo Cruz’s Facebook posts are protected speech and activity that lawfully criticize and oppose the UIA President’s leadership, not ‘gestures or actions intended to intimidate, threaten, or pursue’ the union president or his family,” Cruz’s motion to dismiss reads. On October 17, 2023, a trial court judge dismissed the UIA official’s charges against Cruz.

“UIA union officials targeted me with a restraining order for daring to speak out against them, which is my free speech right,” commented Cruz. “That’s ridiculous coming from union officials who claim to ‘represent’ me and my coworkers. While I’m glad for this victory against the UIA union’s obvious retaliation, I hope that my other case helps secure workers’ rights against compulsory membership in and dues payments to unions they oppose.”

PRASA Employee Also Challenging Puerto Rico Law Authorizing Unconstitutional Compulsory Union Membership Requirements and Dues Seizures

Cruz’s lawsuit over illegal union membership and dues requirements began in 2017, after UIA officials responded to his request to end his union membership and stop dues payments by telling him that he could only disaffiliate with the union if he left his employment with PRASA or sought employment outside the UIA union’s “bargaining unit.” In addition to naming the UIA, Cruz’s lawsuit also included as a defendant the Governor of Puerto Rico in his official capacity as Cruz was also challenging the constitutionality of Puerto Rico’s laws authorizing mandatory dues and so-called “maintenance of membership” agreements.

While Cruz’s case was ongoing, the Janus case was decided, in which the Justices definitively ruled that requiring public sector employees to pay union dues as a condition of employment violates their First Amendment free association rights.

On October 17, a Puerto Rico District Court judge dubiously ruled that the case was moot. In addition to never declaring the Puerto Rico law authorizing mandatory dues payment and membership unconstitutional, the court also didn’t require the union to modify its contract to nix the provision ordering such mandatory dues deductions. Nor did the Court enter a judgment deciding Cruz’s entitlement to unconstitutionally-seized money that he demanded as part of his lawsuit. Foundation attorneys are currently considering an appeal.

“Mr. Cruz’s situation clearly shows how vindictive union officials will get if workers attempt to go against their agendas,” commented National Right to Work Foundation President Mark Mix. “It’s outrageous that UIA union officials claim to ‘represent’ workers while continuing to take dues money from Mr. Cruz in violation of his Janus rights, and while seeking to saddle him with a restraining order merely for publishing ideas critical of union bosses.”

“This conundrum demonstrates why First Amendment Janus protections are so vital: Despite often acting directly against workers’ interests, union officials will often demand worker fealty through coercive or retaliatory means,” Mix added. “Janus lets workers push back against union boss pressure by withholding their hard-earned money from union coffers.”

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.