Share
The Supreme Court on Wednesday sided with California agriculture businesses in their challenge to a state regulation that gives unions access to farm property in order to organize workers. As a result of the ruling, California will have to modify or abandon the regulation put in place in 1975 after the efforts of labor leader Cesar Chavez.
The justices ruled 6-3 along ideological lines for the agriculture businesses. It’s another potential setback for unions as a result of a high court decision.
“The access regulation amounts to simple appropriation of private property,” Chief Justice John Roberts wrote for the conservative members of the court.
Businesses Say Regulation was Unconstitutional and Outdated
The case the justices ruled in involved Fresno’s Fowler Packing Company, which ships grapes and citrus, and Cedar Point Nursery in Dorris, which grows strawberry plants for commercial growers.
At issue was a regulation that granted unions access to farms and other agriculture businesses for up to three hours per day, 120 days per year, in order to organize workers. Businesses are supposed to be notified before organizers arrive, and organizers are supposed to come during nonwork times such as lunch and before and after work.
The businesses that brought the case to the court argued that California’s regulation was unconstitutional, but was also outdated and unnecessary given that unions can now reach workers many ways, including via smartphone and radio.
The access regulation is unique to California. But unions and others had argued that ruling for the businesses could threaten regulations that allow government to access private property to conduct workplace health and safety inspections, among other things.
The ruling is the latest hit to unions by the court under Roberts. In 2018, the court’s conservative majority overturned a 41-year-old pro-union decision that had allowed states to require that public employees pay some fees to unions that represent them, even if the workers choose not to join.
Still, it’s unclear how much will change as a result of the court’s ruling.
Union Organizers Say Access to Property is Necessary and Used Sparingly
California had said that union organizers use the regulation “sparingly” — only five times in the 2019-2020 budget year and 24 times in 2018-2019. Still, the United Farmworkers of America told the justices that the regulation is more necessary now than ever. The union said farmworkers are increasingly indigenous workers from Mexico and the only effective way to communicate with them is in person at their job sites.
In court documents filed before President Joe Biden took office, the Trump administration had urged the justices to side with the businesses. The Biden administration later changed the government’s position.
The case is Cedar Point Nursery v. Hassid, 20-107.
RELATED TOPICS:
Legislation Pandering to Tribal Casinos Is a Bad Bet for Fresno Cardroom Employees
4 hours ago
About 1 in 4 US Adults Over 50 Say They Expect to Never Retire, an AARP Study Finds
5 hours ago
Biden Signs a $95 Billion War Aid Measure With Assistance for Ukraine, Israel and Taiwan
5 hours ago
First-Round Picks Could Be on the Trading Block on Day 1 of the NFL Draft
6 hours ago
Trojans Rejoice! Reggie Bush Is Reinstated as 2005 Heisman Trophy Winner
6 hours ago
Arizona Just Revived an 1864 Law Criminalizing Abortion. Here’s What’s Happening in Other States
7 hours ago
Fresno County Appoints New Librarian. What’s Her Favorite Book Genre?
7 hours ago
Ukraine Uses Long-Range Missiles Secretly Provided by US to Hit Russian-Held Areas, Officials Say