Back to News

Supreme Court “Takings” Decision Doesn’t Alter Employee Union Organizing

Published on

June 29, 2021

A recent U.S. Supreme Court decision may have hampered the ability of external union organizers to solicit agricultural employees, but companies are reminded that the rights of agricultural employees to organize remains.

The June 23 decision concluded that a California regulation mandating agricultural employers allow union organizers onto their property for up to three hours per day, 120 days per year, constitutes a physical “taking” of the farmers’ property. And like all cases when the government physically acquires private property for a public use, “the government must pay for what it takes.”

The Court’s ruling, however, did not open the door for agricultural employers to banish all union organizing activity from its property. Significantly, the decision does not limit the rights of agricultural employees – whether unionized or not – to discuss the terms and conditions of their employment with one another, to distribute union literature, or to solicit other employees to join a union on their employer’s premises, so long as it is done on non-working time in non-working areas.

Section 7 of the National Labor Relations Act gives employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection,” as well as the right “to refrain from any or all such activities.”

So as a reminder, while an agricultural employer can generally exclude non-employee labor organizers from entering its private property, its agricultural employees have these Section 7 rights to meet and engage in concerted activities on the work premises. (A narrow exception exists where employees are not “accessible” by the non-employee union organizers, such as employees living on the farm property).

And the Act makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7” of the Act. For example, employers may not respond to a union organizing drive by threatening, interrogating, or spying on pro-union employees, or by promising employees benefits if they reject the union. An agricultural employer can limit its employees’ concerted activity to non-work time, such as during a break, and to non-work areas, such as a cafeteria or breakroom. The employees’ activities also should not disrupt normal production operations.

If you have any questions about the Supreme Court ruling or employee unionizing activity at your agricultural operations, please contact me or Sarah Yerger in Barley Snyder’s Employment Practice Group.


Related News

View More News
Press Release
August 21, 2025

Barley Snyder Attorneys Recognized by Best Lawyers in America

For Immediate Release Lancaster, Pa. – Barley Snyder is proud to announce that 51 of its attorneys have been recognized by...

Learn More
News Alert
August 13, 2025

Back to School, Back to Work: A Refresher on Employing Minors in Pennsylvania

As Pennsylvania students return to school, it’s time for employers to revisit and reinforce their child labor protections. ...

Learn More
News Alert
August 12, 2025

ULP Charges Now Subject to Immediate “Deferral” Analysis per New NLRB Memorandum

On Thursday August 7, 2025, the National Labor Relations Board (“NLRB” or “Board”) Acting General Counsel William B. ...

Learn More

Other Upcoming Events

View All Upcoming Events
Oct
07
2:30 pm
-
6:00 pm
event
Location

2025 York Business Seminar

Learn More
Nov
12
2:30 pm
-
6:00 pm
event
Location

2025 Reading Business Seminar

Learn More
Oct
14
2:30 pm
-
6:00 pm
event
Location

2025 Harrisburg Business Seminar

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers