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Chick-News.com Poultry Industry News, Comments and more by Simon M. Shane

SCOTUS to Consider California Regulation of Union Activity

12/08/2020

The U.S. Supreme Court has agreed to consider Cedar Point Nursery v. Hassid.  The underlying case was the subject of an opinion by the Ninth Circuit Court of Appeals holding that California regulations allow union organizers access to agricultural employees on the employers’ private property. 

 

According to the California Agriculture Labor Relations Act, union organizers have the right of access to workers for the purpose of meeting and talking to solicit their support.  The California Act places restrictions on time, place and number of organizers.  Landowners allege that United Farm Workers’ Union representatives disrupt work by intrusive practices including intimidation and the use of bullhorns.  The plaintiffs invoked the “Takings Clause” of the Fifth Amendment to deny access to unions.  This contention was rejected by the Ninth Circuit that ruled in favor of the union. The Court concluded that Cedar Point Nursery did not suffer permanent damage from the activities of union organizers.


 
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