Appeals – Mootness – Union dues

Where four University of Puerto Rico employees challenging the deduction of union dues from their paychecks have filed an appeal requesting declaratory judgments that (1) the post-resignation dues deductions were unconstitutional and (2) taking such deductions in the future would be unconstitutional, the appeal must be dismissed because the declarations sought are moot.

“For almost four decades, Abood v. Detroit Board of Education, 431 U.S. 209, 224-26 (1977), allowed public employers and public sector unions to collect certain dues from member and non-member employees alike. But Janus v. American Federation of State, County, & Municipal Employees, Council 31, 585 U.S. 878, 884-86, 930 (2018), overruled Abood and held that laws requiring public sector employees to pay union dues without their consent constitute compelled speech and association in violation of the First Amendment to the United States Constitution.

“After Janus, four employees at the University of Puerto Rico (‘UPR’) demanded that UPR and the union representing them, the Sindicato de Trabajadores de la Universidad de Puerto Rico (‘the Union’), stop deducting dues from their paychecks, thus effectively resigning from the Union. When UPR continued deducting the dues, the employees sued the Union and the UPR president alleging, inter alia, a First Amendment violation.

“The district court largely granted summary judgment for the UPR president and the Union, concluding that neither party committed a constitutional violation. It nevertheless issued a judgment requiring the Union to reimburse the employees for the withheld dues payments that occurred after the employees resigned from the Union. On appeal, the employees ask this Court to reverse the summary judgment ruling and order the district court to issue declaratory judgments that (1) the post-resignation dues deductions were unconstitutional and (2) taking such deductions in the future would be unconstitutional. We dismiss the appeal because the declarations sought are moot.”

Ramos Ramos, et al. v. Jordán-Conde, et al. (Lawyers Weekly No. 01-060-26) (14 pages) (Aframe, J.) Appealed from the U.S. District Court for the District of Puerto Rico (Docket No. 23-1940) (March 25, 2026).

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