Supreme Court Rules Against California Regulation, Deals Major Blow To Unions

The SCOTUS ruled in opposition to union organizers being able to access agricultural farm workers on private property, according to The Western Journal.

The Supreme court ruled that it violated the 5th and 14th Amendments.

“The Founders recognized that the protection of private property is indispensable to the promotion of individual freedom.”

“This Court agrees, having noted that protection of property rights is ‘necessary to preserve freedom’ and ’empowers persons to shape and to plan their own destiny in a world where governments are always eager to do so for them.’”

“The access regulation grants labor organizations a right to invade the growers’ property. It therefore constitutes a per se physical taking.”

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From The Western Journal:

The regulation was put in place after Cesar Chavez’s farmworker movement that argued in the 1970s that farmworkers were hard to reach outside of the fields, according to the WSJ.

Chavez said the regulation was essential for farmworkers to organize while growers challenged the regulation as a violation of private property rights.

The California Supreme Court upheld the regulation and the Supreme Court declined to take an appeal in 1976.

Cedar Point Nursery and Fowler Packing Co. have fought the regulation and argued that it represents the pre-digital era.

The growers said in their renewed challenge that unions can organize through means such as social media, text messages and other encounters off-site.

Chief Justice John Roberts wrote in the majority opinion that “the access regulation is not germane to any benefit provided to agricultural employers or any risk posed on the public.”

The Supreme Court has shown itself to recently be more skeptical of labor rights and has ruled in favor of protecting private property.

Conservative members of the court have said private property rights are under threat from overreaching regulations intended to protect environmental, recreational and labor interests.


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