HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » Latest Breaking News (Forum) » Supreme Court rules Calif...

Wed Jun 23, 2021, 09:39 AM

Supreme Court rules California farms can keep union organizers off private land

Source: LA Times

The Supreme Court on Wednesday struck down part of a historic California law inspired by Cesar Chavez and the farmworkers union, ruling that agricultural landowners and food processors have a right to keep union organizers off their property.

The justices by a 6-3 vote said the state’s “right of access” rule violates property rights protected by the Constitution. It says private property shall not be “taken for public use without just compensation.”

Writing for the majority, Chief Justice John G. Roberts said “the access regulation is not germane to any benefit provided to agricultural employers or any risk posed to the public.”

The three liberal justices dissented.

Read more: https://www.latimes.com/politics/story/2021-06-23/supreme-court-says-california-farms-can-keep-out-union-organizers

19 replies, 2000 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 19 replies Author Time Post
Reply Supreme Court rules California farms can keep union organizers off private land (Original post)
NYC Liberal Jun 2021 OP
Casady1 Jun 2021 #1
Calista241 Jun 2021 #2
Fullduplexxx Jun 2021 #3
OneCrazyDiamond Jun 2021 #4
mahatmakanejeeves Jun 2021 #5
FBaggins Jun 2021 #7
OneCrazyDiamond Jun 2021 #9
csziggy Jun 2021 #17
OneCrazyDiamond Jun 2021 #18
FBaggins Jun 2021 #19
malthaussen Jun 2021 #6
FBaggins Jun 2021 #8
malthaussen Jun 2021 #10
LiberalFighter Jun 2021 #12
Marthe48 Jun 2021 #11
bucolic_frolic Jun 2021 #13
Jedi Guy Jun 2021 #14
BigmanPigman Jun 2021 #15
Yo_Mama_Been_Loggin Jun 2021 #16

Response to NYC Liberal (Original post)

Wed Jun 23, 2021, 09:50 AM

1. The supreme court

is filled with corporate lawyers. I work in the legal vertical and these people are shills.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NYC Liberal (Original post)

Wed Jun 23, 2021, 09:50 AM

2. This is a dark day for Unions. n/t

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NYC Liberal (Original post)

Wed Jun 23, 2021, 09:53 AM

3. 6-3 get used to seeing that

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NYC Liberal (Original post)

Wed Jun 23, 2021, 09:54 AM

4. Right to assemble.

Period.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to OneCrazyDiamond (Reply #4)

Wed Jun 23, 2021, 09:57 AM

5. Not any place you want. NT

Reply to this post

Back to top Alert abuse Link here Permalink


Response to OneCrazyDiamond (Reply #4)

Wed Jun 23, 2021, 10:17 AM

7. There's no right to assemble on someone else's property

Nor does the dissent argue that such a right exists.

The state (CA) created a regulation that would create a right to perform union organizing tasks on someone else's property (for a limited number of hours/days per year).

I obviously haven't read the entire thing yet, but it doesn't even look like SCOTUS is saying that California can't do that. It's just that creating such access is a "taking" and thus can't be done by the state without just compensation for the limitation of those property rights.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to FBaggins (Reply #7)

Wed Jun 23, 2021, 10:44 AM

9. On that property is where the workers are.

If they can't meet them there, it will be more difficult to form a union.
I think there is room for an exception to property rights at the private business who has workers on that property.

Supreme Court's decision is more impactful than my opinion.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to OneCrazyDiamond (Reply #9)

Wed Jun 23, 2021, 09:04 PM

17. Yes, since here in Florida some of the farms provide housing for the workers

And bus the workers to the fields. So the workers are seldom in public where they can be approached by union organizers.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to csziggy (Reply #17)

Wed Jun 23, 2021, 10:50 PM

18. A perfect example.

The workers aren't trespassers. They should be able to invite a union rep to at least meet the workers.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to OneCrazyDiamond (Reply #9)

Thu Jun 24, 2021, 05:11 AM

19. There CAN be such an exception to those property rights

The ruling doesn’t say that the state can’t regulate in that way… it just says that such a regulation counts as a “taking”.

The state does have the power to take private property for public use. They just can’t do so without “just compensation”.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NYC Liberal (Original post)

Wed Jun 23, 2021, 09:59 AM

6. Therefore, it should follow that they are prohibited from organizing in factories...

... or other "private property," including the parking lots. Who does the USSC think it's fooling?

-- Mal

Reply to this post

Back to top Alert abuse Link here Permalink


Response to malthaussen (Reply #6)

Wed Jun 23, 2021, 10:20 AM

8. Two distinctions

This case is non-employees trying to organize on someone else's property. Factory organizing is more often performed just outside the gates and/or by existing employees who are already on the property.

To the extent such organizing is done by outsiders trying to start a union... yes, I suspect this ruling would apply.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to FBaggins (Reply #8)

Wed Jun 23, 2021, 10:56 AM

10. A good distinction.

I do worry a bit about "thin edge of the wedge" rulings, though. It's not like unions are loved in the US.

-- Mal

Reply to this post

Back to top Alert abuse Link here Permalink


Response to FBaggins (Reply #8)

Wed Jun 23, 2021, 11:41 AM

12. That has been my understanding too.

And what organizers do in our labor union does.

Same for when there are strikes. Strikers are not allowed on company property. But they can be in the right of way or what is considered public property. As long as they don't create a safety issue.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NYC Liberal (Original post)

Wed Jun 23, 2021, 11:04 AM

11. and by extension factories

stores, any private business entity, because they are all owned by somebody.

Stupid, bad anti-union ruling.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NYC Liberal (Original post)

Wed Jun 23, 2021, 01:18 PM

13. Republicans are always first with private property rights

Everything is owned. By their logic in this case you can't even communicate about union organizing over a smart phone because someone owns the airwaves. Soon you can think but you can't speak. Someone owns you.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NYC Liberal (Original post)

Wed Jun 23, 2021, 01:29 PM

14. Seems like a pretty straightforward ruling to me.

If the owner of a property doesn't want you there, that's their right. It's their property. That's how it works.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NYC Liberal (Original post)

Wed Jun 23, 2021, 05:03 PM

15. I talked of starting a union at Macy's Dept store in CA

when I worked there in Display. I spoke to about two whole people in the lunchroom during my break. The next day I was called into the General Manager's office and told I couldn't do that, even though I was on my own time.

When the recession closed the store I was thrilled. I said that I was going to choose a career that has a union and I did just that. I became a teacher and was the union rep at my site. Go Union!!!

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NYC Liberal (Original post)

Wed Jun 23, 2021, 07:16 PM

16. Supreme Court conservatives just 'undid one of Csar Chvez's greatest accomplishments'

In a 6-3 ruling along ideological lines, the Supreme Court struck down a California law that gave union organizers access to farm sites. The decision means people seeking out farm workers for unionization purposes going forward will be violating the property rights of agricultural landowners and food processors, who can now legally keep them off their land.

Critics lamented the result. Niko Bowie, a professor at Harvard Law, wrote that the regulation "was the product of a years-long campaign by César Chávez" and the United Farm Workers "to force agribusiness to respect the dignity and workplace rights of agricultural workers." Slate's Mark Joseph Stern agreed, tweeting that the high court's "conservative supermajority just undid one of César Chávez's greatest accomplishments." He called it "a complete and total blowout against unions" that marks "an incredibly dark day for organized labor."

https://www.msn.com/en-us/news/politics/supreme-court-conservatives-just-undid-one-of-c%c3%a9sar-ch%c3%a1vezs-greatest-accomplishments/ar-AALmxAj

Reply to this post

Back to top Alert abuse Link here Permalink

Reply to this thread