Supreme Court Rules Against Union Organizers’ Access to California Farms

WSJ ^ | June 23, 2021 | Jess Bravin

[Stravinsky]

The Supreme Court struck down a California regulation granting union organizers access to farmworkers on agricultural fields, ruling Wednesday that the 1975 measure violated growers’ private-property rights.

The decision, by a 6-3 vote along the court’s conservative-liberal divide, erases a major victory that Cesar Chavez’s farmworker movement achieved in the 1970s, when they argued the nature of agricultural labor made it too difficult to reach workers outside the fields.

[pfflier]

Smackdown to the unions.

[McGavin999]

Hopefully something will be done about other unions like government workers unions and teachers unions.

[Leaning Right]

> Smackdown to the unions.<

I am, in general, mildly pro-union. But this was a good ruling.

I want to see a fair and level playing field. At one time that was not so. Workers were used, then discarded. So unions were needed. But now the pendulum has swung way too far the other way. The unions needed a good smack down. In fact, they need many good smackdowns.

[Reily]

Federal workers unions exist due to a JFK EO. In theory another EO can cancel it. State worker & teachers union will likely take state legislation which is much harder but needs to be done.

[Publius]

Federal workers unions exist due to a JFK EO. In theory another EO can cancel it.

Congress codified Kennedy's executive order into law in 1965, and President Johnson signed it.

[HamiltonJay]

How was this law not struck down 45 years ago?

Those workers enter and leave those fields daily, saying that people can access private property without property owners approval if they are a union organizer is unconstitutional..

Private property is private property.

[marktwain]

How was this law not struck down 45 years ago?

Easy. The Supreme Court has been dominated by the Progressive ideology for at least 80 years, since 1937.

We now have, for the first time in 80 years, a majority of the Court that at least claims it adhears to originalism and textualism.

They are struggling with 80 years of precedent set by doctrinaire Progressives who believe the Constitution means whatever the people on the Court want it to mean, at any time.

[T Ruth]

Congress codified Kennedy's executive order into law in 1965, and President Johnson signed it.

Can you give a cite to the U.S. Code for this?
According to Wikipedia (which could always be wrong):

Executive Order 10988 is a United States presidential executive order issued by President John F. Kennedy on January 17, 1962 that recognized the right of federal employees to collective bargaining.

Passage of the executive order forestalled the legislative Rhodes-Johnson Union Recognition bill ...

Executive Order 10988 was effectively replaced by President Richard Nixon's Executive Order 11491 in 1969.

Some have proposed repeal of Executive Order 10988, which could potentially occur if the President were to issue an executive order vacating Executive Order 10988.

[rrrod]

Union scum alert.

[jrestrepo]

As a person who has earned a very good living with out a union, I see no point for them except to give democrats power. Unions have outlived their usefulness, and are very different than in other countries.

[Diana in Wisconsin]

I remember my leftist Auntie supporting Chavez back then. There’s a grade school in Madistan named for him. I’m sure there are many others.

I have mixed feelings about this, though. I KNOW how hard it is to produce food, as I try to grow & preserve a lot of food myself, and back when I was ‘poor’ (subjective; this IS America, NONE of us starve!) a garden really helped stretch my grocery dollars when I had a shiftless husband and three teen boys to feed.

AND, I also KNOW how much more expensive food would be, if we did not employ people willing to work dirt-cheap to plant and harvest and if they were unionized, all bets would be off.

Also, I sure HATE what Big Ag is doing to small, family farms, so I have to side with the farmers when I can.

[mewzilla]

A good ruling.

The question is why did Deep State allow SCOTUS to give it.

[Reily]

Thanks ! Did not know that!
So now that’s hard too. It still needs to be done !

[zeugma]

Click the following for a list of this term's Supreme Court Decisions.

[kiryandil]

The dispute arises out of a 2015 effort by agricultural union organizers to persuade workers at a Dorris, California strawberry nursery and at a Central Valley fruit packing operation to join a collective bargaining organization. The visit to the northern California farm was conducted under the authority of a regulation first finalized in 1975 under the California Agricultural Labor Relations Act. The nursery owner sued for a declaratory judgment and an injunction barring future visits by labor organizers, arguing that the regulation results in a physical taking of property and an unreasonable seizure under the U.S. Constitution.

Both the U.S. District Court for the Eastern District of California (Lawrence J. O'Neill, former Chief District Judge [Dubya judge]) and the U.S. Court of Appeals for the Ninth Circuit rejected the request for an injunction and the nursery's and fruit packer's arguments that state authorization of union organizer visits under the state regulation is a taking of property or an unreasonable seizure. The 2-1 opinion by the appeals court was written by Judge Richard Paez [Rapin Bill judge] and joined by Judge William A. Fletcher [Rapin Bill judge]. Judge Edward Leavy [Reagan judge] dissented. Judge Sandra Segal Ikuta [Dubya judge] wrote a dissent from the denial of rehearing en banc that was joined by 7 other judges.

[RoseofTexas]

Shame they didn’t have the courage to smack down Ovomitcare!