Wednesday, March 24, 2021

Sid Salter: Farmers Watching California Pro-Union Law Before Supreme Court

  Despite the fact that Mississippi has not been particularly fertile ground for labor unions seeking new members from new employment sectors, the attention of American farmers, growers, and other food producers will watch an upcoming case before the U.S. Supreme Court with rapt attention.

The case before the high court is styled Cedar Point Nursery and Fowler Packing Company, Inc., versus Victoria Hassid, in her capacity as chair of the California Agricultural Relations Board.

According to the high court, state law in California “forces agricultural businesses to allow labor organizers onto their property three times a day for 120 days each year. The regulation provides no mechanism for compensation (to those farmers and growers).”

California argues in the lower courts that the law is decades old, grants union organizers temporary access to the farms during non-working hours to communicate with farm workers about their rights to unionize.

But attorneys for the two petitioner growers argue that the rule is a “government-authorized physical invasion of private property.” Joshua Thompson, a senior attorney for the Pacific Legal Foundation, was blunter in his assessment when speaking to the Los Angeles Times last week: “The Constitution forbids government from requiring you to allow unwanted strangers onto your property. And union activists are no exception.”

The question before the Supreme Court is whether the uncompensated appropriation of an easement that is limited in time effects a per se physical taking (of their property) under the Fifth Amendment. At issue is also the property owner’s “right to exclude.”

From a broader standpoint, the case will examine what amounts to a special pass granted to organized labor to enter private property against the will of the property owner. Pro-union voices say the case could foster discrimination against organized labor and in the case of California migrant workers could also disproportionately impact these workers who find it difficult to communicate about labor issues other than through face-to-face meetings.

Another reason that this case will gain widespread national attention is that it represents a major decision of the 6-3 conservative majority on the Supreme Court after former President Donald Trump’s appointment of conservative Justice Amy Coney Barrett to succeed the late liberal Justice Ruth Bader Ginsberg.

Trump’s appointment led to a serious discussion of “packing the court” by disgruntled liberals on Capitol Hill. With Democrats now in control of Congress and the White House, the outcome of this case could well spur additional discussions of that rather dubious scheme.

As we have seen in past Mississippi disputes over eminent domain, no group is stronger and more influential regarding property rights cases than the state’s farmers, ranchers, and timber growers.

Mississippi remains a “right to work” state in which some 86,000 of the state’s 1.034 million workers (or only about 8.3 percent of the state’s workforce) is represented by organized labor. That trails the national average as do most “right to work” states.

Nationally the unions have been steadily declining for the last 40 years, based on Bureau of Labor Statistics data, 14.3 million or 10.8 percent of U.S. employees were in unions last year. That is just over half of the 20.1 percent in 1983, when there were 17.7 million employed, waged, and salaried workers in unions.

Like mosquitos in the summertime, organized labor is desperate to find new dues-paying members to support the unions and to maintain their political relevance.

In Mississippi, frequent efforts to unionize Mississippi’s foreign automaking plants have met with substantial setbacks despite providing national headlines for politicians like U.S. Sen. Bernie Sanders who sought to couch the pro-union organizing efforts as “civil rights” activities.

Rarely is a Supreme Court case brought by humble farmers, growers and packers at center stage in American politics. But this case represents a uniquely compelling set of issues capable of doing just that.

 
Sid Salter is a syndicated columnist. Contact him at sidsalter@sidsalter.com. 

 

23 comments:

Anonymous said...

"the outcome of this case could well spur additional discussions of that rather dubious scheme."

Sid,

As the MSU communications director, I humbly refer you to the Six Pack Speak forum to decipher this comment: 17 you and your "dubious scheme" comment. Nothing dubious about it. DMFT campaigned on replacing Supreme Court Justices with conservative judges. That's one of the major talking points that got him elected. Nothing "dubious" about it. He said what he was going to do, and did it. He didn't "pack the court either". He replaced a deceased judges with another. Packing the courts refers to expanding the number of seats to put more of your people on it. That my fried is "dubious".

Oh, and 17 these labor unions that think they can come on private farm property. Meet the employees at their houses or a community center. Don't come and interrupt a mans workplace. Labor Unions are something else. Glad we are a right to work state. Labor Unions are a source of making someone keep mediocrity & complacency in place.

Kingfish said...

I think you should read that passage of his again.

Anonymous said...

The ole tongue in cheek claimed another victim.

Anonymous said...

If you enter my property 3 times a day for 120 days without permission, there's going to be a problem.

And you're not going to like my solution.

Anonymous said...

Reading comprehension has a notorious left-wing bias.

Anonymous said...

Labor unions have their place and represent an important option for workers who need them. But even if workers need them they do not get a pass to trample fundamental legal rights. Union organizers should have no special exceptions to property rights no matter how screwed up working conditions might be. If they are workers themselves that is a different issue, then it would be a matter of free speech. But why should anyone, no matter who, be forced to allow some stranger you did not invite to invade your property to preach to your guests or employees. It should be an easy call.

Ben Dare said...

Labor Unions, of which Mississippi has very damned few, don't 'come on private property' during their initial stages of organizing.

Being a Right To Work state has nothing to do with an organizing campaign. It simply means where a union exists, an employee is not forced to join it.

Disclaimer: I'm definitely anti-union and am proud of our state for being one of the least-organized in the country. I believe Mississippi, also, to be the only state without a Department of Labor, thank God.

Anonymous said...

Y makes widgets for $1. X makes widgets for 10¢. labor unions are a tick on Y and both ignore X. X destroys the market and Y. And the tick says I can't help it, I'm a tick.

Anonymous said...

It might surprise you. Union Membership is growing incrementally but it’s growing.

Anonymous said...

Go down to the coast the best paying jobs in the state are union jobs. Ask anyone who works at the Shipyards.

Anonymous said...

If the (mostly) illegals don't like the work rules, Biden's open-border works in both directions. Adios espaldas mojadas.

Anonymous said...

"In Mississippi, frequent efforts to unionize Mississippi’s foreign automaking plants have met with substantial setbacks despite providing national headlines for politicians like U.S. Sen. Bernie Sanders who sought to couch the pro-union organizing efforts as “civil rights” activities."

This is the 1st time I can ever remember that Sid Salter talked bad about Bennie Thompson.

Anonymous said...

hmmm...some of you might want to look at how "right to work" States compare in economic development and attracting large corporations.

You might all to look at how some businesses within a "right to work" State that voluntarily adopt union practices fare compared to those who don't.

Anonymous said...

X = Multinational corporations who employ Chinese Communist slave labor

Anonymous said...

Union Membership is growing incrementally but it’s growing.

Link?

Anonymous said...

... some of you might want to look at how "right to work" States compare in economic development and attracting large corporations.

Yeah, things are going pretty shitty in Texas, Tennessee, Florida, Virginia and Georgia right now. If you were trying to make a point, you didn't make it.

Anonymous said...

Bloomberg: Union Membership on the Decline

Anonymous said...

Unions.....a corrupt organization that protects drunks and drugheads, who consistently turn out poor overpriced products.

Anonymous said...

"It might surprise you. Union Membership is growing incrementally but it’s growing."

It would indeed surprise me, since it's bullshit. Last I looked, something like 2.3% of Mississippi manufacturing jobs are unionized.

3:10; When you have time, please elaborate. Are you actually suggesting that states that are NOT 'right to work' are attracting industrial prospects due to that fact? If you are, you need to sit this one out. No prospect selects a location based on the prospect of union organization or union interference or the existence of a union.

Anonymous said...

Just google it for a link.....

Anonymous said...

The scope and depth of capitalist fundamentalist indoctrination never fails to astonish.

To deify "the market" so much that the actual human beings who insist on getting a decent living from it are "ticks"?

That's some serious Josef Goebbels stuff, there.

Anonymous said...

Not to worry.

I doubt Guatemalans, Salvadorans, Nicaraguans, and others from that part of Central America are interested about joining any "USA" labor union.

At the same time, I keep hearing stories about illegal Mexican immigrants that are now tying to get out of the USA, and back to Mexico. I don't know if that's true, but if so ... it's funny as hell !





Anonymous said...


" That's some serious Josef Goebbels stuff, there."

Nope 4:14.

That sounds more like Horace Greeley than Josef Goebbels.


Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.