Cedar Point Nursery v. Hassid.
By Keahn Morris & Mark Ross June 25, 2021 This article originally appeared on Law360 on June 25, 2021. On Wednesday, June 23, 2021, the U.S. Supreme Court issued its decision in Cedar Point Nursery v. Hassid. The ruling invalidated a California labor regulation that requires growers to grant union organizers seeking to represent their workers property access, and declared it an unconstitutional taking of the grower’s property in violation of the 5th and 14th Amendments. Several other California laws and decisions sanction similar union trespass onto private property. For example, numerous state court decisions have granted unions access to private property of employers with whom they have a dispute on the theory that such access is required in order to enable labor to communicate its message to the public and to put economic pressure on the employer. Likewise, California’s statutes have been applied to grant special protections to labor speech and to bar courts from enjoining union trespass on private property. See e.g., Ralphs Grocery Co. v. United Food & Commercial Workers Union Local 8, 55 Cal.4th 1083 (2012); UFCW, Local 324 v. Superior Court of Los Angeles, 83 Cal.App.4th 566 (2000); cf. Waremart Foods v. NLRB, 354 F.3d 870 (D.C. Cir. 2004).[i] Cedar Point offers a new avenue of attack against such union invasions of an employer’s property and a possible leg up on getting such trespasses enjoined in the future. According to the Cedar Point majority opinion, penned by Chief Justice Roberts, the state’s access regulation constituted a per se physical taking of private property because it authorizes the invasion of that private property and, thus, strips the property owner of the right to exclude trespassers from their property. The Court also rejected the state’s argument that the state access regulation was not a taking, but a mere use restriction because the access mandated by the regulation was neither permanent nor continuous. Indeed, the Court…
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