After 6 years of litigation and a Supreme Court ruling, California acknowledged that a state law that allowed labor unions to trespass on private property to recruit workers was unconstitutional. Commentators say the ruling is likely to have major repercussions for labor and property law well beyond agribusiness, which brought the litigation. The Cato Institute, which filed a friend-of-the-court brief in the case, called the high court ruling the “biggest Supreme Court win for property rights in a long, long time.” On Sept. 1, the U.S. District Court for the Eastern District of California formally ruled that the state cannot enforce the union access rule without paying just compensation to the property owners for temporarily taking the use of their property away from them. Judge Dale Drozd endorsed a final stipulated judgment agreed to by the litigants. The California rule, known as Title 8, § 20900(e) of the California Code of Regulations, allowing labor …
California Concedes Allowing Union Recruiters to Trespass Is Unconstitutional
September 6, 2021
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