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Supreme Court of the United States
March 22, 2021, Argued; June 23, 2021, Decided
Chief Justice Roberts delivered the opinion of the Court.
] A California regulation grants labor organizations a “right to take access” to an agricultural employer’s property in order to solicit support for unionization. [*7] Cal. Code Regs., tit. 8, §20900(e)(1)(C) (2020). Agricultural employers must allow union organizers onto their property for up to three hours per day, 120 days per year. The question presented is whether the access regulation constitutes a per se physical taking under the Fifth and Fourteenth Amendments.
] The California Agricultural Labor Relations Act of 1975 gives agricultural employees a right to self-organization and makes it an unfair labor practice for employers to interfere with that right. Cal. Lab. Code Ann. §§1152, 1153(a) (West 2020). The state Agricultural Labor Relations Board has promulgated a regulation providing, in its current form, that the self-organization rights of employees include “the right of access by union organizers to the premises of an agricultural employer for the purpose of meeting and talking with employees and soliciting their support.” Cal. Code Regs., tit. 8, §20900(e). Under the regulation, a labor organization may “take access” to an agricultural employer’s property for up to four 30-day periods in one calendar year. §§20900(e)(1)(A), (B). In order to take access, a labor organization must file a written notice with the Board and serve a copy on the employer. §20900(e)(1)(B). Two organizers per work crew (plus one additional organizer for every 15 workers over 30 workers in a crew) may enter the employer’s property for up to one hour before work, one hour during the [*8] lunch break, and one hour after work. §§20900(e)(3)(A)-(B), (4)(A). ] Organizers may not engage in disruptive conduct, but are otherwise free to meet and talk with employees as they wish. §§20900(e)(3)(A), (4)(C). Interference with organizers’ right of access may constitute an unfair labor practice, §20900(e)(5)(C), which can result in sanctions against the employer, see, e.g., Harry Carian Sales v. Agricultural Labor Relations Bd., 39 Cal. 3d 209, 231-232, 216 Cal. Rptr. 688, 703 P. 2d 27, 42 (1985).
Cedar Point Nursery is a strawberry grower in northern California. It employs over 400 seasonal workers and around 100 full-time workers, none of whom live on the property. According to the complaint, in October 2015, at five o’clock one morning, members of the United Farm Workers entered Cedar Point’s property without prior notice. The organizers moved to the nursery’s trim shed, where hundreds of workers were preparing strawberry plants. Calling through bullhorns, the organizers disturbed operations, causing some workers to join the organizers in a protest and others to leave the worksite altogether. Cedar Point filed a charge against the union for taking access without giving notice. The union responded with a charge of its own, alleging that Cedar Point had committed an unfair labor practice.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2021 U.S. LEXIS 3394 *
CEDAR POINT NURSERY, ET AL., PETITIONERS v. VICTORIA HASSID, ET AL.
Notice: The LEXIS pagination of this document is subject to change pending release of the final published version.
Prior History: [*1] ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Cedar Point Nursery v. Shiroma, 923 F.3d 524, 2019 U.S. App. LEXIS 13787 (9th Cir. Cal., May 8, 2019)
Disposition: 923 F. 3d 524, reversed and remanded.
regulation, appropriation, growers’, easement, temporary, right to exclude, permanent, physical taking, property right, private property, organizers, invasion, union organizer, inspections, invade, cases, physical invasion, agricultural, employees, access rights, effected, just compensation, landowner’s, premises, factors, rights, government action, occupied, trespass, property interest
Labor & Employment Law, Collective Bargaining & Labor Relations, Right to Organize, Unfair Labor Practices, Employer Violations, Organizing & Voting Interference, Constitutional Law, Bill of Rights, Fundamental Rights, Eminent Domain & Takings, State Application, Real Property Law, Elements, Involuntary Acquisition & Diminution of Value, Takings, Inverse Condemnation, Regulatory Takings, Ownership & Transfer, Easements, Easement Creation, Easements through Eminent Domain, Eminent Domain Proceedings, Just Compensation, Estates, Present Estates, Fee Simple Estates, Takings, Title Acquired, Leasehold & Real Estates, Transportation Law, Air & Space Transportation, Airspace, Ownership, Torts, Trespass to Real Property, Search & Seizure, Scope of Protection, Governments, State & Territorial Governments, Licenses, Police Powers