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Cannabis workers seek vote on removing UFCW union amid contract disputes

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Cannabis workers seek vote on removing UFCW union amid contract disputes
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William L. Messenger Vice President and Legal Director (2023-Present) | NRTWLD&EF, Inc

A significant number of production employees at Holistic Industries' Monson facility in Massachusetts have initiated a process to remove United Food and Commercial Workers (UFCW) Local 1459 union officials from their workplace. Packaging associate Scott Browne filed a petition for union decertification with the National Labor Relations Board (NLRB), representing his colleagues, with assistance from attorneys at the National Right to Work Foundation.

The NLRB oversees federal labor law enforcement, including managing votes to certify or decertify unions. According to the National Labor Relations Act (NLRA), a decertification petition must be supported by signatures from at least 30% of employees in a work unit. Browne's petition significantly surpassed this requirement, containing signatures from over 70% of his coworkers.

Massachusetts does not have Right to Work protections for private sector workers, allowing union officials to enforce contracts requiring payment of dues or fees as employment conditions. In contrast, Right to Work states make union membership and financial support voluntary. Regardless of state status, union monopoly bargaining agreements dictate working conditions for all employees in a unionized setting.

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Browne expressed dissatisfaction with the UFCW, stating: “UFCW union officials are trying to strike a deal with our employer that will require us to pay fees out of our wages just to stay employed here. But with this petition, I and all of my coworkers have made our position clear: We don’t want or need a union.”

UFCW Local 1459 recently organized a vote on a contract drafted by its officials. Union leaders may rush contract finalizations to activate the "contract bar," an NLRB policy preventing decertification votes during active contracts for up to three years. However, since Browne submitted his petition before any contract ratification occurred, Holistic Industries employees may avoid being bound by such restrictions.

Foundation staff attorneys have also supported Green Thumb Industries' employees in New Jersey in filing similar petitions against UFCW control. The Foundation opposes legislative measures that compel cannabis companies to provide unions special access as an operational condition—a concept known as "labor peace agreements." Such laws exist in California and New York, and Massachusetts legislators proposed similar legislation last session.

National Right to Work Foundation President Mark Mix commented: “Holistic Industries workers have joined the groundswell of workers nationwide who are exercising their right to declare independence from union bosses who don’t represent their interests.” He added concerns about legislative efforts limiting cannabis industry employees' rights: “State lawmakers have no shortage of factors to wrestle with when deciding whether to greenlight the cannabis industry, but one thing should be non-negotiable: Letting the industry take root shouldn’t mean that workers’ individual rights go up in smoke.”

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