SCOTUS Rules Against Unions On California Farm Access – Employment and HR

The United States Supreme Court (“Supreme Court”) has
dealt a blow to organized labor, striking down as unconstitutional
a California law that permitted union organizers access to
agricultural company land to speak with workers.

Two California growers, Cedar Point Nursery and Fowler Packing
Company, filed suit in federal district court, seeking to enjoin
enforcement of a state regulation that required agricultural
employers to allow union organizers on to their property for up to
three hours per day, 120 days per year. The growers argued that the
law constituted an easement for the union organizers, without
affording landowners compensation, and was therefore an
unconstitutional per se taking under the Fifth and
Fourteenth Amendments. Union organizers countered that the access
regulation was not a taking because it did not permit access to the
property in a permanent and continuous manner. Further, the law was
a critical tool for informing vulnerable farm laborers of their
rights under the National Labor Relations Act.

The U.S. Court of Appeals for the Ninth Circuit upheld the
access rule in May 2019. However, in a 6-3 vote that was split
along ideological lines, the Supreme Court agreed with the
growers.

Chief Justice Roberts penned the majority opinion, explaining
that the regulation provided a formal entitlement to physically
invade the growers’ land, amounting to a simple appropriation
of private property. And, “unlike standard health and safety
inspections, the access regulation is not germane to any benefit
provided to agricultural employers or any risk posed to the
public.” Justice Kavanaugh wrote in concurrence, emphasizing
his view that the National Labor Relations Act should permit union
organizers access to company property only when “needed,”
such as when employees live on company property and union
organizers have no other reasonable means of communication.

The opinion represents a significant victory for employers and
an affirmance of the conservative Court’s emphasis on
employers’ property rights.

The case is Cedar Point Nursery et al. v. Hassid et
al., case number 20-107.

Employers should review their policies on access, solicitation,
and distribution with labor counsel to ensure they are providing
the desired protections of their property rights.

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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.