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Tag:employer property

June 24, 2021
News & Commentary

Maxwell Ulin

The Supreme Court dealt a major blow to the organizing rights of California farmworkers yesterday, ruling in Cedar Point Nursery v. Hassid, 141 S. Ct. 891 (2021) that state regulations issued under the California Agricultural Labor Relations Act (CALRA) to unions farm access constituted a per se physical taking that required just compensation under the […]

Does Ownership Mean Absolute Dominion?

Apr 13, 2021 Ross Slaughter

In State v. Shack, New Jersey’s Supreme Court declared it “unthinkable” that property rights entitled agricultural employers to “isolate the migrant worker in any respect significant for the worker’s well-being.” Last month, in Cedar Point Nursery v. Hassid, two agribusinesses asked the U.S. Supreme Court to do the unthinkable. They claim that a California regulation […]

As Growers Swing for the Fences in Cedar Point, Will They Strike Out?

Mar 29, 2021 Andrew Strom

At the Supreme Court oral argument in Cedar Point Nursery v. Haddid, Joshua Thompson, the lawyer representing the growers, staked out a revolutionary interpretation of the Fifth Amendment’s “takings” clause, while simultaneously insisting that accepting his theory would have hardly any real world consequences. When the Justices offered him a narrower path to victory, he […]

Race and Exclusion in the Cedar Point Takings Case

Mar 18, 2021 Marina Multhaup

Next week the Supreme Court will hear oral arguments in Cedar Point Nursery v. Hassid, where it will consider whether a 1975 rule by California’s Agricultural Labor Relations Board allowing union organizers intermittent access to employers’ property constitutes a “taking” under the Fifth Amendment. The case is odd because the California Supreme Court already declared […]

In Cedar Point, Will the Supreme Court Rewrite the Fifth Amendment?

Jan 27, 2021 Andrew Strom

This spring, the Supreme Court will hear a case, Cedar Point Nursery v. Hassid, challenging a forty-five year old California regulation that gives union organizers limited access to growers’ private property to talk to farmworkers during non-work time. Access matters because there are no public sidewalks adjoining the fields and farmworkers are typically transported to […]

August 25, 2019
News & Commentary

Jared Odessky

On Friday, the National Labor Relations Board held in Bexar County Performing Arts Center Foundation that the employees of a property’s contractor or licensee do not have the same access rights under Section 7 of the National Labor Relations Act as the employees of the property owner. In so doing, the Board overruled two Obama-era precedents, […]

June 19, 2019
News & Commentary

Owen Senders

On Friday, June 14, the NLRB overturned 38 years of precedent, holding in UPMC and SEIU, 368 NLRB No. 2 (June 14, 2019), that an employer has no duty to permit nonemployee union organizers to use public space on its property to solicit union support. The case involved two union representatives who entered a public […]

OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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June 24, 2021

Does Ownership Mean Absolute Dominion?

As Growers Swing for the Fences in Cedar Point, Will They Strike Out?

Race and Exclusion in the Cedar Point Takings Case

In Cedar Point, Will the Supreme Court Rewrite the Fifth Amendment?

August 25, 2019

June 19, 2019