McNees Minute: Union Organization

Sponsored Content: McNees Minute

Austin W. Wolfe, Esq.
awolfe@mcneeslaw.com – 717-237-5455

The U.S. Supreme Court recently struck down a California regulation that gave union organizers the right to take access to employers’ properties for the purposes of rallying support for union membership.  The Court found that the regulation was an unconstitutional taking in violation of the Fifth and Fourteenth Amendments.  Generally, when the government takes something, either for itself or for someone else, it must provide just compensation to the owner.  That’s what the Court said happened here – the regulation went beyond just controlling an employers’ conduct and actually took the employers’ right to exclude individuals from its premises and gave that right to the union.  The Court held this was a violation of the employers’ constitutional property rights.  Although this decision overruled a California regulation, its impact could be felt nationwide and may give employers wider latitude to exclude individuals whose sole business with the employer is to organize union membership.  We’ll continue to keep an eye on this developing area of labor law

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