Labor/Employment
Feb. 17, 2021
DOJ reverses month-old union access position
The DOJ's position in early January had been "that the [California] regulation effects a per se taking of petitioners' property," the agency said in a brief last week. "The purpose of this letter is to notify the court that the previously filed brief no longer represents the position of the United States."
Citing a change of U.S. presidents, the Department of Justice reversed its position in a union access case before the U.S. Supreme Court, clarifying that the department now believes a California regulation giving organizers limited access to the property of employers "does not constitute a per se taking."
The DOJ's position in early January had been "that the [California] regulation effects a per se taking of petitioners' property,"...
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