Bloomberg Law
April 29, 2020, 9:40 PM

California Union-Access Rule Won’t Get Revisited by 9th Cir.

Blake Brittain
Blake Brittain

The full Ninth Circuit said Wednesday it won’t rehear a case in which it upheld a California regulation that allows union organizers access to agriculture workers on site at certain times.

Judge Sandra S. Ikuta, dissenting from the denial, said the decision violates growers’ property rights, contradicts U.S. Supreme Court precedent, and creates a circuit split. Seven judges joined Ikuta in her dissent.

Cedar Point Nursery and Fowler Packing Co. said their operations were disrupted by labor organizers, and that the regulation granting the organizers access to their farms was an unconstitutional taking of their property without compensation under the ...

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