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Court rules in favor of PRPB employees over Janus rights violation

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Court rules in favor of PRPB employees over Janus rights violation
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Alyssa K. Hazelwood | Staff Attorney (2016-Present) | NRTWLD&EF, Inc

Vanessa Carbonell and her colleagues at the Puerto Rico Police Bureau (PRPB) secured a significant legal victory in September 2024. The Puerto Rico District Court ruled in their favor, affirming that their employer and union had violated their rights under the Janus v. AFSCME decision.

The 2018 U.S. Supreme Court ruling in Janus v. AFSCME established that public sector employees cannot be compelled to join a union or pay dues as a condition of employment without their consent. This case was pivotal for employee freedom across the United States.

In this recent case, more than a dozen PRPB employees filed a class action lawsuit against the Union of Organized Civilian Employees. They alleged that they were denied an employer-provided health benefit because they chose not to join the union, thus exercising their Janus rights.

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The District Court of Puerto Rico agreed with the employees' claims, stating that withholding the health benefit was indeed retaliation or discrimination against those who opted out of union membership.

"This is either retaliation for exercise of non-union members’ post-Janus non-associational rights under the First Amendment under the Constitution or simply discrimination," said the Court.

Lead plaintiff Vanessa Carbonell and others noticed that after opting out of union membership post-Janus, they no longer received a $25-a-month employer-paid benefit meant to assist with health insurance costs. The lawsuit demonstrated this was a discriminatory act by PRPB officials against those exercising their First Amendment rights.

The court's decision not only declared this practice unconstitutional but also issued an injunction preventing PRPB officials from continuing to withhold benefits from Carbonell and other affected employees.

“Janus enshrined a very simple First Amendment principle: That union officials need to convince public employees to support their organization and activities voluntarily,” commented National Right to Work Foundation Vice President Patrick Semmens.

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