Cedar Point Nursery v. Hassid (2021) Chief Justice ROBERTS delivered the opinion of the Court. A California regulation grants labor organizations a “right to take access” to an agricultural employer's property in order to solicit support for unionization. Agricultural employers must allow union organizers onto their property for up to three hours per day, 120 days per year. The question presented is whether the access regulation constitutes a per se physical taking under the Fifth and Fourteenth Amendments. I The California Agricultural Labor Relations Act of 1975 gives agricultural employees a right to self-organization and makes it an unfair labor practice for employers to interfere with that right. The state Agricultural Labor Relations Board has promulgated a regulation providing, in its current form, that the self-organization rights of employees include “the 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.” Under the regulation, a labor organization may “take access” to an agricultural employer's property for up to four 30-day periods in one calendar year. Two organizers per work crew (plus one additional organizer for every 15 workers over 30 workers in a crew) may enter the employer's property for up to one hour before work, one hour during the lunch break, and one hour after work. Organizers may not engage in disruptive conduct, but are otherwise free to meet and talk with employees as they wish. Interference with organizers’ right of access may constitute an unfair labor practice, which can result in sanctions against the employer. Cedar Point Nursery is a strawberry grower in northern California. It employs over 400 seasonal workers and around 100 full-time workers, none of whom live on the property. According to the complaint, in October 2015, at five o'clock one morning, members of the United Farm Workers entered Cedar Point's property. The organizers moved to the nursery's trim shed, where hundreds of workers were preparing strawberry plants. Calling through bullhorns, the organizers disturbed operations, causing some workers to join the organizers in a protest and others to leave the worksite altogether. Fowler Packing Company is a Fresno-based grower and shipper of table grapes and citrus. It has 1,800 to 2,500 employees in its field operations and around 500 in its packing facility. As with Cedar Point, none of Fowler's workers live on the premises. In July 2015, organizers from the United Farm Workers attempted to take access to Fowler's property, but the company blocked them from entering. [Litigation ensued over access and exclusion from these properties.] The District Court rejected the argument that the access regulation constituted a per se physical taking, reasoning that it did not “allow the public to access their property in a permanent and continuous manner for whatever reason.”
District Court held no taking