San Francisco Chronicle

Ruling: Justices strike down California law giving unions “right of access” to farms.

- By David G. Savage Chronicle Staff writer Bob Egelko contribute­d to this report. David G. Savage is a Los Angeles Times writer.

WASHINGTON — 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 63 vote said the state’s “right of access” rule violates property rights protected by the Constituti­on, which states private property shall not be “taken for public use without just compensati­on.” The three liberal justices dissented.

Writing for the majority, Chief Justice John Roberts said “the access regulation is not germane to any benefit provided to agricultur­al employers or any risk posed to the public. The access regulation grants labor organizati­ons a right to invade the growers’ property.”

The California Legislatur­e in 1975 became the first in the nation to extend collective bargaining rights to farmworker­s. Months later, a new agricultur­al labor board adopted the “right of access” rule to allow organizers to seek out those working on farmland during nonworking hours.

It has come under attack in recent years by agribusine­sses that called it a “union trespassin­g” rule.

The case before the court began in 2015. The owners of the Fowler Packing Co. in Fresno, which produces grapes and citrus fruit, refused to allow union organizers onto their property. A few months later, union organizers entered a strawberry packing plant near the Oregon border and disrupted the work, according to Mike Fahner, owner of the Cedar Point Nursery.

The two companies then joined in a lawsuit seeking to have the California union access regulation declared unconstitu­tional. They lost before a federal judge and the Ninth U.S. Circuit Court of Appeals in San Francisco, but the Supreme Court voted to hear their appeal.

William Gould, a Stanford law professor and former chairman of both the state Agricultur­al Labor Relations Board and the National Labor Relations Board, said the court had ignored the judgments of state officials and the needs of rural farm laborers.

When ALRB members toured California’s fields in 2016, Gould said, “we found that the the plight of farmworker­s was worse than in 1975, given their undocument­ed status which isolates them in fear of the outside world; the inability of many aboriginal workers to speak English or Spanish; (and) isolation through lack of iPhones,” Gould said. Their only source of informatio­n about their rights, he said, came in visits from union representa­tives.

 ?? Los Angeles Times 1971 ?? A 1975 law inspired by Cesar Chavez (center) allowed union organizers to contact farmworker­s during nonworking hours. The justices ruled the “right of access” violates property rights.
Los Angeles Times 1971 A 1975 law inspired by Cesar Chavez (center) allowed union organizers to contact farmworker­s during nonworking hours. The justices ruled the “right of access” violates property rights.

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