The Supreme Court ruled on Wednesday that a California regulation forcing agricultural employers to allow union organizers access to their property is unconstitutional, delivering a win to business interests and advocates of private property protections. In a 6–3 vote, the high court sided with two businesses that challenged the California rule that lets union representatives enter the grounds of an agricultural business for up to three hours a day over a 30-day period, for a total of 120 days each year, to speak with workers about supporting a union. The court found that the rule violates the Fifth Amendment, essentially by taking away owners’ right to exclude people from their property without just compensation. Chief Justice John Roberts, writing on behalf of the majority, noted in the opinion (pdf) that when “the government physically acquires private property for a public use,” the Fifth Amendment’s “takings” clause “imposes a clear and categorical …
Supreme Court Rules on Behalf of Businesses and Private Property Protections in California Union Access Dispute
June 24, 2021
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