A US Supreme Court
ruling has stated that a California regulation that grants union organizers access to agricultural employers’ property to speak with workers about the benefits of collective bargaining is unconstitutional.
The state’s law in question allows unions to access agricultural properties for up to three hours a day for as many as 120 days a year. In Cedar Point Nursery v. Hassid, two California farm businesses—a strawberry plant producer and a fruit distributer—argued that the state regulation violates the “takings clause” of the Fifth Amendment to the US Constitution, which states that private property shall not “be taken for public use, without just compensation.” The employers argued that state lawmakers gave unions an easement—a right to use their property for a specific purpose—without providing compensation.
The high court sided with farm owners in a 6-3 decision on June 23. “The access regulation appropriates a right to invade the growers’ property and therefore constitutes a per se physical taking,” wrote Chief Justice John Roberts Jr. for the majority. “The right to exclude is one of the most treasured rights of property ownership.”
Shrm.org reported that, in light of the ruling, agricultural employers should clearly delineate what property is theirs to ensure that they can establish their property lines for purposes of union access.
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