An Agricultural Labor Relations Board regulation allows union organizers to “solicit support” on private property for three hours a day and 120 days per year. A federal court will soon decide whether to enjoin the Board from enforcing the regulation against PLF’s clients — two California agricultural businesses that have experienced disruptive protests on their private property within the last year.
Yesterday, PLF attorneys filed this reply brief in support of our initial motion for a preliminary injunction. We’re seeking to enjoin the ALRB regulation because it takes an easement on our client’s private property for the benefit of union organizers. That physical appropriation of private property, when uncompensated, is a categorical violation of the Takings Clause.
PLF urges the court, which will decide the motion on the papers, to issue an injunction as soon as possible. The access regulation allows union organizers to access our clients’ property immediately after filing a short notice with the Board. Since both of our clients employ full-time workers, the union could conduct disruptive protests tomorrow if it wished. And the chances that the union will do so are even higher now that our clients have challenged the union’s right to step on private property. We are eagerly awaiting a decision from the court.