The UFCW and the Teamster's Unions are organizing Employers in the Cannabis Industry
1.Emails that you receive are current cases at the NLRB that H. Sanford Rudnick & Associates are working on at the NLRB throughout the US.
2.Now it is legal for recreational use in 24 states, the cannabis industry has become a major economic force in the United States, employing over 400,000 people. While cannabis is still unlawful under federal law, state-level legalization has made cannabis less of a black market, as run-of-the-mill health codes, employment laws, and other regulations now apply to cannabis businesses.
3.So does the National Labor Relations Act. While some cannabis workers (i.e. those who grow and harvest the plant) are agricultural employees outside the NLRA’s purview, many others who work in dispensaries and processing facilities are subject to federal labor law, as Michelle outlined here. In recent years, unions including the United Food and Commercial Workers and the Teamsters have organized cannabis workers, now representing tens of thousands of them.
Understanding Labor Peace Requirements
4.But states have also passed their own laws impacting labor relations in the cannabis industry. California law requires any cannabis business with 10 or more employees to enter into a “labor peace agreement” with a “bona fide labor organization,” i.e. a union. Several other states also encourage the agreements in some form in the cannabis industry. A labor peace agreement is a contract between an employer and a union in which the union agrees not to disrupt the employer’s operations, typically by refraining from any strikes, pickets, boycotts, or other campaigns.
5.On their face, labor peace agreements may appear to hinder unions, because the unions surrender their most powerful forms of collective action. But in practice, employers must offer unions significant concessions in order to get the unions to sign these agreements, often granting the unions the right to organize the employers’ workforces on favorable terms such as card check.
6. Accordingly, as the Ninth Circuit has observed, unions often advocate for states and cities to require labor peace agreements in certain sectors. Because these agreements transform the playing field for union organizing, states and cities typically craft labor peace requirements to fall within the market participant exception to federal labor preemption (the contours of which I have analyzed here), applying them to government-backed or government-owned ventures like airports and infrastructure projects.
7.If an Employer has any issues regarding a union in the cannabis Industry or any other labor relations issue at the NLRB, please contact Sanford Rudnick JD At 1-800-326 3046 sandy@rudnickpro.com or www.Theunionexpert.com
Fundamentals of Labor Law
Sanford Rudnick has written a book called Fundamentals of Labor Law which helps Employers practice at the NLRB. He has used this book for over 40 years.
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Also, Sanford Rudnick has gotten other books on Resolution of Conflict into the Library of Congress and many other libraries around the world.
The major problem in any election or an unfair labor practice charge, is how to resolve conflict between management and your employees. In fact, according to the NLRB there is an 16% increase in unfair labor practices charges being filed by employees or unions in 2023.
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H. Sanford Rudnick & Associates is a full-service Labor Relations firm with 40 years of experience in negotiating union contracts, NLRB matters and all human resource matters. In fact, Mr. Rudnick has written a book called "Fundamentals of Labor Law Regarding Unions" which includes a summary on the National Labor Relations Board and Unions which is at Harvard Law School Library and other law schools around the country. Call to purchase your copy at for $29.95 800.326.3046.
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