May 27, 2016

Access Regulation remains in effect for now

By Wen Fa Attorney

Yesterday a federal district court denied PLF’s motion to enjoin the ALRB’s Union Access Regulation. As you may remember, the regulation allows union organizers to conduct disruptive protests on the private property of agricultural employers in California.

PLF represents two California businesses in a federal challenge to the regulation. The Access Regulation, we argue, violates the Fourth and Fifth Amendments to the United States Constitution because it commandeers private property for the benefit of union organizers. We asked the court to issue a preliminary injunction so that our clients and their employees could operate without union interference.

Yesterday the court denied our motion. As a result, our clients and their employees remain in the crosshairs of union organizers during this year’s harvest.

The fight continues. The court declined to issue a preliminary injunction; it has not published a final decision in the case. PLF hopes for a favorable ruling, and, if needed, we will take this all the way to the Supreme Court.

What to read next