In the Courts

Supreme Court Rules Against Union Organizers’ Ability To Canvass On Private Property

The Supreme Court ruled Wednesday that California organizers cannot enter private property belonging to farms when they attempt to unionize farm workers.

The high court struck down a provision in California labor law that granted organizers the right to “enter the employer’s property” for no more than an hour. The court ruled in a 6-3 vote along ideological lines that the statute, introduced in the California Agricultural Labor Relations Act of 1975, violated employers’ constitutional rights, according to the majority opinion issued by Justice John Roberts.

“California’s access regulation appropriates a right to invade the growers’ property and therefore constitutes a per se physical taking,” Roberts wrote. “Rather than restraining the growers’ use of their own property, the regulation appropriates for the enjoyment of third parties (here union organizers) the owners’ right to exclude.”

Roberts noted that a private property owners’ right to exclude has been determined a “fundamental element of the property right” in a previous Supreme Court ruling. The government must compensate private property owners for “government-authorized physical invasions,” he added.

Labor leader Cesar Chavez and his farmworkers union had been strong proponents of the 1975 law, saying it was important for organizing efforts, according to The Wall Street Journal. The California Supreme Court denied immediate challenges to the law and the Supreme Court decided not to hear the case at the time.

But in 2016, California agriculture companies Fowler Packing Company and Cedar Point Nursery sued the state, arguing that the law was a government invasion of property without compensation, The New York Times reported. The lawsuit stemmed from a union’s effort to organize the workers at facilities of the two companies in 2015.

Justice Stephen Breyer issued a dissenting opinion Wednesday, arguing that California labor law merely regulates employers’ property rights. Breyer noted that the law restricts where and how long organizers may enter employers’ property to speak to workers.

“It gives union organizers the right temporarily to invade a portion of the property owners’ land,” Breyer wrote. “It thereby limits the landowners’ right to exclude certain others.”

Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact licensing@dailycallernewsfoundation.org

Thomas Catenacci

Share
Published by
Thomas Catenacci
Tags: labor unions

Recent Posts

Trump’s Latest Deregulatory Action Is Terrifying Democrats and China

The Environmental Protection Agency (EPA) announced Friday that it is repealing a Biden-era power plant…

9 hours ago

Trans Lawmaker Wants You To Believe Porn Sites Are ‘Educational’ For ‘Queer Kids’

Democratic Minnesota state Rep. Leigh Finke claimed during a Thursday hearing that pornography could be…

9 hours ago

Socialist Mayors Cannot Hide From the Truth

The walls are crashing down, or maybe more accurately, the Piper wants to get paid,…

9 hours ago

Trump Slaps World With New Tariff After Supreme Court Loss

President Donald Trump announced Friday he was using different legal authorities to continue tariffs after…

9 hours ago

Supreme Court Rules Against Trump Tariffs

The Supreme Court ruled Friday that the International Emergency Economic Powers Act (IEEPA) does not…

9 hours ago

Reporter Knew Exactly What He Was Doing With Dumb Question

The Thursday press briefing was punctuated with a question from a reporter that made Press…

19 hours ago