The Liberty Justice Center filed a lawsuit Thusday against a New Jersey union for allegedly violating a local plumber’s constitutional rights by using semantics to skirt a Supreme Court ruling. The union claimed that the landmark 2018 decision Janus v. AFSCME doesn’t apply because they labeled the money deducted from the plumber’s paychecks as “assessments” instead of “dues.”
The Janus v. AFSCME decision by the U.S. Supreme Court recognized that public-sector employees have a First Amendment right to choose whether to join or financially support a union. Unions cannot legally withhold dues or other fees from employees’ paychecks without their explicit consent.
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Despite this ruling, many unions continue to resist recognizing employees’ rights. Consequently, public-sector workers like Nicolo Giangrasso must resort to legal action to assert their constitutional rights and stop unauthorized deductions from their paychecks.
Giangrasso, a plumber employed by the Hamilton Township School District, initially joined the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Local 9 (UA Local 9). The school district subsequently deducted union dues from his paychecks.
Upon learning about his rights under the Janus decision, Giangrasso sent a letter to UA Local 9 resigning his union membership and requesting an end to the dues deduction. However, the union refused, arguing that the Janus decision didn’t apply because the deductions were termed “assessments” rather than “dues.”
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The Supreme Court’s Janus ruling clearly stated that neither dues, agency fees, nor any other form of payment to a public-sector union can be withheld from employees who have not consented to the deductions.
The Liberty Justice Center’s lawsuit, filed on Giangrasso’s behalf, contends that the union and the school district are violating his First Amendment rights under Janus by continuing to deduct dues from his paycheck without his consent. The lawsuit seeks a court order requiring the union to recognize Giangrasso’s rights and cease all deductions. Additionally, it demands the return of any money illegally taken from Giangrasso after he opted out of the union.
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“Under Janus, government employees cannot be compelled to pay any money to a union to keep their jobs. But that’s exactly what’s happening to Mr. Giangrasso,” said Jeffrey Schwab, Senior Counsel at the Liberty Justice Center. “Government employees have a First Amendment right to decide whether they want their money to support public-sector unions. Employees don’t lose their constitutional rights simply because a union relabels that money as ‘assessments’ instead of dues.”
“I was told I had to join the union and pay dues to keep my government job. Now that I know my right to opt out, the union is still trying to take my money by playing word games about ‘dues’ versus ‘assessments.’ What they’re doing is illegal,” said plaintiff Nicolo Giangrasso. “I’m grateful that the Liberty Justice Center has stepped in to defend my rights.”
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