Written by Stephen Trimboli
Cannabis Businesses – Get Ready to Sit at the Bargaining Table
Cannabusiness. The mere utterance of this word generates excitement at the thought of the new business opportunities available. But those with visions of operating a cannabusiness in New Jersey need to be aware that other than “microbusinesses,” all licensed producers, growers, transporters and vendors will be required to enter into union agreements or face having their licenses revoked. Having a “labor peace” agreement with a labor union – that is, an agreement not to contest the union’s efforts to organize one’s workers, often in exchange for the union’s promise not to strike or picket – is a requirement for applying even for a temporary license. Once the license is granted, the licensee must maintain the labor peace agreement or enter into a collective bargaining agreement (or at least make good faith efforts to conclude such an agreement) within 200 days of opening for business. Failure to do so can result in license suspension or revocation.
Cannabusiness entrepreneurs face obstacles unique to that industry. But collective bargaining, even in a harmonious, constructive union relationship, imposes a new set of mutual rights and obligations that cannabusiness entrepreneurs may not be aware of. A short article can only skim the surface of these rights and obligations. But some key points are critical to understand.
First, an entrepreneur cannot simply begin to bargain with any union he or she chooses.