NYPD Agents Sue Union over Denied Resignations and Continued Dues Deductions

Mendez & Garcia v. AFSCME, District Council 37

Case Summary

  • Ed Mendez and Hortencia Garcia, Two NYPD traffic enforcement agents, filed a federal civil rights lawsuit against their union, AFSCME, District Council 37, and the City of New York after AFSCME refused to recognize their resignations and the city continued to take union dues from their pay against their will.
  • Additionally, Ed and Hortencia do not want to be compelled to accept this specific union as their exclusive representative for collective bargaining.

NYPD Employees’ Attempts to Resign Union Membership Rebuffed

Eddie and Hortencia, NYPD Traffic Enforcement Agents with a combined 50+ years on the job, both informed AFSCME, District Council 37 that they no longer wished to be members and requested that dues deductions stop. Union officials denied their requests, making them jump through hoops and failing to produce membership agreements they allegedly signed. All the while, the city continued to deduct dues from their wages.

Eddie Mendez, lead plaintiff in Mendez & Garcia v. AFSCME, District Council 37, sitting on steps leading up to a dark wooden door with his hands folded and thumbs pressed together.

(Eddie Mendez. Photo credit: The Fairness Center.)

Eddie and Hortencia File Federal Civil Rights Lawsuit

Not only did Eddie and Hortencia object to being trapped in union membership, but they also wanted the freedom to choose who represents them in collective bargaining. Even as nonmembers, under New York law they must accept the union as their exclusive representative.

With the Fairness Center’s help, they filed a federal civil rights lawsuit to vindicate their constitutional rights not to financially support or associate with a union against their will.

Case Status & Documents

Mendez & Garcia v. AFSCME, District Council 37 is closed.

Media

NYPD Traffic Enforcement Agents Suing Over Inability to Resign From Union

News | The Center Square

March 19, 2021: “Trapped. That’s how Edward Mendez and Hortencia Garcia, Traffic Enforcement Agents with the NYPD, feel after telling their union they no longer want to be union members. Mr. Mendez and Ms. Garcia resigned from the American Federation of State, County and Municipal Employees, District Council 37 and Local 983 (“AFSCME”) last year, but union officials refused to recognize their resignations, and the city continues to take dues from their paychecks for the union.”

NYPD Traffic Enforcement Agents File Federal Civil Rights Lawsuit Against Their Union

News Release | The Fairness Center

March 18, 2021: “Trapped. That’s how Edward Mendez and Hortencia Garcia, Traffic Enforcement Agents with the NYPD, feel after telling their union they no longer want to be union members.”