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New Jersey lacks a Right to Work law, allowing unions to require dues or fees for employment. Union representatives hold bargaining power over all employees in a unit, even those opposed to union presence.

If successful, around 275 employees could be released from UFCW's bargaining authority. "Many of us believe the UFCW does not advance our interests," stated Potter. "We simply seek a secret ballot election that was denied when the union was installed."

This action comes just before new NLRB rules take effect on September 30th, eliminating reforms that allowed for such decertification petitions post-card check campaigns. These changes mean future petitions could face obstacles if filed after this date due to existing union contracts blocking decertification efforts for up to three years.

National Right to Work Foundation President Mark Mix commented on the situation: “If Mr. Potter had filed his decertification petition just a week later, workers at Green Thumb Industries would be denied their right.” He criticized what he sees as an administration favoring unions over worker choice: “American workers don’t deserve to be stripped of this freedom.”