The Pacific Legal Foundation (PLF), with the assistance of Sagaser, Watkins & Wieland PC attorneys Howard A. Sagaser and Ian B. Wieland, has filed suit against the California Agriculture Labor Relations Board ("ALRB"), accusing the ALRB of violating constitutional property rights by forcing agriculture land owners to allow union organizing and recruitment campaigns onto their property.
The PLF has graciously agreed to represent Sagaser, Watkins & Wieland PC clients Fowler Packing Company, Inc. of Fresno and Cedar Point Nursery of Dorris, California in challenging the ALRB's regulation that allows unions to trespass onto employer private property.
Specifically at issue is the ALRB's regulation that allows a "right of access by union organizers to the premises of an agricultural employer for the purpose of meeting and talking with employees and soliciting their support..."
The lawsuit is seeking a declaration from the court that the ALRB regulation, Cal. Code Regs. Tit. 8, 20900(e), violates an owners Fifth Amendment right against government-imposed takings, a right that includes the freedom to exclude trespassers; and their Fourth Amendment right against unreasonable, government-sanctioned intrusions, search and seizures.
To clarify, this challenge relates to the current union access provisions in the Agricultural Labor Relations Act and is not directed to the ALRB Educational Access Proposal, reluctantly approved by the ALRB.
As this case proceeds in federal court, Sagaser, Watkins & Wieland PC will continue to issue updates as this matter is of great concern to the California Agricultural Industry.
Sagaser, Watkins & Wieland PC is currently advising employers that have recently received access notices and other communications from the UFW. If you have any questions regarding this lawsuit, the ALRB's proposed Educational Access Rule, communication attempts by the UFW and/or a Notice of Access, please contact our office at 559-421-7000 or vist our website at /Labor-Relations-Collective-Bargaining-And-NLRB-ALRB-Proceedings.shtml