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Constitutional Law Keyed to Choper
Cedar Point Nursery v. Hassid
Citation:
141 S. Ct. 2063 (2021)Facts
The California Agricultural Labor Relations Act of 1975 gives agricultural employees the right to self-organization. The state Agricultural Labor Relations Board promulgated a regulation providing that union organizers may “take access” to an agricultural employer’s property for up to four 30-day periods in one calendar year. Under this regulation, two organizers per work crew (plus one additional organizer for every 15 workers over 30 workers in a crew) may enter the employer’s property for up to one hour before work, one hour during lunch break, and one hour after work. Cedar Point Nursery, a strawberry grower, and Fowler Packing Company, a grower and shipper of table grapes and citrus, experienced union organizers attempting to access their properties. The growers filed suit in Federal District Court against Board members in their official capacity, arguing that the access regulation effected an unconstitutional per se physical taking by appropriating without compensation an easement for union organizers to enter their property.
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