Ángel J. Valencia
Ángel J. Valencia is a Senior Counsel at the Liberty Justice Center, where he litigates to defend individual liberties and challenge government overreach.
The Liberty Justice Center represents public employee Luis Rigau in a federal civil rights lawsuit challenging the Puerto Rico Industrial Commission’s (PRIC) and the United Food and Commercial Workers (UFCW) Local 481’s policy of compelling union membership and seizing union dues from his wages without his consent and despite his clear, written objections.
In 2018, thanks to efforts by the Liberty Justice Center, the U.S. Supreme Court held in Janus v. AFSCME that public employers and unions cannot deduct dues or fees from an employee’s paycheck without the employee’s affirmative consent and a knowing, voluntary waiver of First Amendment rights. PRIC honored Mr. Rigau’s post‑Janus resignation from the union and stopped deducting dues in 2018. However, in late 2022, PRIC reversed course and reinstated based on a procedural ruling by a local court that did not disturb Janus or public employees’ constitutional rights. This included nonmembers like Mr. Rigau.
Since December 2022, PRIC has deducted and the Union has collected dues from Mr. Rigau’s pay without any authorization. Mr. Rigau repeatedly notified both PRIC and the Union in 2018, 2022, 2023, and 2025 that he does not consent to union membership or dues deductions. The deductions have continued anyway.
The First Amendment protects public employees from being forced to support a union’s speech. Janus made clear that the government cannot take money from public workers for union coffers without their affirmative, informed consent. PRIC’s and UFCW Local 481’s policy of automatically treating employees as union members and deducting dues, even after written objections, violates those constitutional protections.
“The Constitution is clear after Janus: the government cannot take union dues from a public employee without his or her consent. PRIC and UFCW Local 481 are ignoring that rule and are seizing Mr. Rigau’s wages anyway. We’re asking the court to put a stop to this violation,” said Ángel J. Valencia, senior counsel at the Liberty Justice Center.
The Liberty Justice Center has filed Rigau v. Puerto Rico Industrial Commission in the U.S. District Court for the District of Puerto Rico, to seek declaratory and injunctive relief to stop these unconstitutional deductions and get restitution of wrongfully seized dues and nominal damages for ongoing First Amendment violations.
Mr. Rigau has been a faithful worker at PRIC for nearly two decades and deserves to have his Janus rights upheld.
Ángel J. Valencia is a Senior Counsel at the Liberty Justice Center, where he litigates to defend individual liberties and challenge government overreach.