California Fresh Fruit Association reacts to decision on the right to farm access

The California Fresh Fruit Association (CFFA) is pleased with the U.S. Supreme Court’s decision in Cedar Point Nursery v. Hassid. The Court held that under California’s Agricultural Labor Relations Act (ALRA), access by union organizers to come onto the private property of farmers and landowners to promote the union violates the Fifth Amendment of the U.S. Constitution.

According to Chief Justice John Roberts, who authored the opinion, “unlike a mere trespass, the regulation grants a formal entitlement to physically invade the growers' land. Unlike a law enforcement search, no traditional background principle of property law requires the growers to admit union organizers onto their premises. And unlike standard health and safety inspections, the access regulation is not germane to any benefit provided to agricultural employers or any risk posed to the public."

CFFA President Ian LeMay said, “Today’s ruling involving Cedar Point Nursery and CFFA member Fowler Packing protects the constitutional rights of agricultural employers and brings the ALRA access rule into alignment with the National Labor Relations Act. For 45 years, California's farmers have seen their property rights ignored by the Agricultural Labor Relations Board by allowing organizers onto their property. No other industry in the United States, including California, has had to allow union organizers onto their property in a similar manner. We appreciate both Fowler Packing and Cedar Point’s efforts in leading the fight to restore the same property rights that are enjoyed by all other industries in the United States, to California farmers.”

For more information:
Ian LeMay
Courtney Razor
California Fresh Fruit Association
Tel: +1 (559) 226-6330
ilemay@cafreshfruit.com 
crazor@cafreshfruit.com  
www.cafreshfruit.org 


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