The plaintiffs are suing the California Agricultural Labor Relations Board (CALRB), its chairman, two board members and executive secretary, arguing a state regulation allowing union organizers to access private property for the purposes of soliciting support violates the Fourth and Fifth Amendments to the U.S. Constitution. When doing so, the unions are authorizing “a seizure and taking of possessory interests in private property, including the right to exclude others,” the plaintiffs argue.
(The Center Square) – The U.S. Supreme Court has agreed to hear a case brought by the Pacific Legal Foundation on behalf of Cedar Point Nursery and Fowler Packing Company asking it to invalidate a California regulation requiring union employees to enter private property for roughly 360 hours a year.
Cedar Point and Fowler collectively employ roughly 3,000 Californians. They are asking the court to invalidate the regulation and affirm that the state cannot allow unions to disrupt commercial operations on private property without paying compensation because their actions are essentially “property taking.”
A CALRB access regulation initially implemented in the mid-1970s and subsequently amended requires an easement to allow union organizers to enter a business’s private property three hours a day, 120 days a year. In this case, the regulation imposes an easement across both properties of the plaintiffs.
Since then, Cedar Point and Fowler have filed charges against the Board and the union has filed charges against Cedar Point and Fowler. UFW claims the access regulation grants it access rights to their properties.
The issue began in 2015 when Cedar Point experienced disruptions caused by United Farm Workers (UFW) organizers protes