Friday, July 16, 2021
The U.S. Supreme Court held California’s union access regulation constitutes an unconstitutional taking of an employer’s property.
Cedar Point Nursery v. Hassid, 141 S.Ct. 891 (June 23, 2021). The California Agricultural Labor Relations Board (ALRB) maintained a regulation allowing unions to file notices with the ALRB to gain access to agricultural employers’ property for up to three hours per day, 120 days per year. Members of the United Farm Workers Union sought access to property owned by Cedar Point Nursery and Fowler Packing Company pursuant to the regulation. Cedar Point Nursery filed a charge against the union for not giving proper notice, and Fowler Packing Company blocked the union from entering altogether. To prevent future access attempts, the growers sued several ALRB members in their official capacity. The growers argued that the access regulation effected an unconstitutional