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Defending agricultural property owners from union trespassers

Cedar Point Nursery and Fowler Packing Co. v. ALRB


Contact: Wen Fa

Status: Complaint filed in the Eastern District Court of California on February 10, 2016. Motion for Preliminary Injunction denied on May 26, 2016 after supplemental briefing on the Fourth Amendment claim. Order granting Defendant’s Motion to Dismiss with leave to amend filed on June 29, 2016.
 
Summary:
Cal. Code Regs. tit. 8, § 20900(e) authorizes the Agricultural Labor Relations Board to permit union organizers to go onto private agricultural property “for the purpose of meeting and talking with employees and soliciting their support,” subject to certain time, place, and manner restrictions.  Unions and union activists use this regulation to enter the private business property of agricultural employers, including PLF’s clients in this case.  PLF is representing those clients in a federal lawsuit seeking an injunction and a declaration that application of the regulation to permit union organizers to intrude on private property, violates the Fourth and Fifth Amendments.

 

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