February 10, 2016

PLF sues ALRB for promoting trespassing by farm-union organizers

By PLF sues ALRB for promoting trespassing by farm-union organizers

A California Agricultural Labor Relations Board (ALRB) access regulation allows union activists to trespass on the property of agricultural employers. California agricultural businesses Cedar Point Nursery and Fowler Packing have both been victims of this trespass. A PLF lawsuit argues this regulation violates the Fourth and Fifth Amendments to the Constitution and is the first to challenge ALRB’s regulation in federal court.

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Cedar Point Nursery v. Gould

PLF represents California farming businesses that employ around 3,000 Californians and produce millions of dollars for California’s economy in the form of oranges, table grapes, and strawberry plants. A state Agricultural Labor Relations Board regulation – the Union Access Rule – allows union organizers to go on private land to solicit support for unionization. In 2015, union organizers entered and walked across our clients’ property during harvest time, promoting the union with bullhorns. Some workers, scared and intimidated, left the property. PLF sued, arguing that this disruptive regulation effectively takes the farmers’ property in violation of the Fifth Amendment and also violates the Fourth Amendment prohibition on unreasonable seizures.

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