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Constitutional Law Keyed to Barnett
Cedar Point Nursery v. Hassid
Citation:
549 U.S. ____ (2021)Facts
A California law allowed labor organizations to access an agricultural employer’s property to solicit support for a union. The employers had to allow the union onto their property for up to three hours per day, 120 hours out of the year. Prior to gaining access, the labor organization had to file a notice with the Labor Relations Board and serve a copy to the employer. Organizers could not engage in disruptive conduct but were free to meet and talk with employees.
Cedar Point Nursey was a strawberry grower in California. Members of the United Farm Workers entered Cedar Point property without prior notice. The organizers disturbed operations, and some workers joined the organizers or left the worksite in protest. Cedar Point nursey filed a charge against the union for accessing their property without prior notice. The Union responded by saying that Cedar Point had committed an unfair labor practice. A similar claim was brought by the union against Fowler Packing Company.
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