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SCOTUS to Hear Case on Union Access to Workers

03/26/2021

The Supreme Court of the United States will hear arguments in the Cedar Point Nursery case concerning the right of union organizers to enter private property. In 2015, recruiters for the United Farm Workers Union attempted to meet with workers on strawberry fields owned by Cedar Point Nursery.

 

According to a California law enacted in 1975, union organizers are permitted to meet with workers an hour before and an hour after termination of work and during the lunch period on farm property.

 

Representatives of California Growers are now challenging the law and wish to deny union organizers their current limited right of access characterized as “mass trespass and effectively an unconstitutional taking of property”.  The Cedar Point Nursery incident was investigated by the California Agricultural Labor Relations Board that concluded that there had been no violation and dismissed the complaint.

 

The California Union Access Law was enacted to allow unions to organize seasonal farm workers who are highly mobile and follow demand for labor to harvest crops.  Growers maintain that direct access is no longer necessary given social media.  This contention is not entirely valid given the mobility and poverty of seasonal agricultural workers.