How Organized Labor is Fighting for an Equitable Industry

Sarah Gersten • January 13, 2020

Photo credit: UFCW Local 778

On January 1st, Illinois rolled out what is set to become the second largest recreational cannabis market in the world. And like the world’s largest market, California, the legislation has written in broad social equity and criminal justice provisions, along with protections for organized labor. In, fact organized labor

Union involvement in the legal cannabis industry is a trend that is growing as more and more state’s consider adult use legislation. The burgeoning cannabis industry is opening up tens of thousands of employment opportunities, presenting an opportunity for unions like United Food and Commercial Workers (UFCW) and the Teamsters to increase their membership. This is happening in many newly legal states through labor peace agreements. A labor peace agreement (LPA) is an arrangement between a union and an employer under which one or both sides agree to waive certain rights under federal law with regard to union organizing and related activity. Generally, under an LPA management promises to not dissuade employees from unionizing and to afford union organizers greater access to the workplace. Unions, in turn, agree not to encourage strikes. While typically these agreements are negotiated voluntarily, some state and local governments have attempted to impose LPAs by law. And that is exactly what’s happening in the cannabis industry.

While the newly established Illinois market does not have such a mandate, there is a benefit to cannabis companies who negotiate LPAs. The

Why Cannabis?

As a new industry, cannabis represents an opportunity to significantly boost membership for unions. Unions also want to ensure that the rapidly expanding industry doesn’t exploit workers. According to

While some states are enforcing LPAs and incentivizing companies to allow workers to unionize, many cannabis companies are voluntarily encouraging unionization – an atypical stance for any business. In cannabis, though, unionization can signal legitimacy, and a dedication to creating a safe and fair work environment in an industry

Nearly every organization that has voluntarily unionized has issued a press release touting the company’s commitment to a strong, independent workforce, as well as social justice more broadly. Last month, when Sira Naturals became the first cannabis company in Massachusetts to unionize, the company’s founder and president said in a

Similarly when employees for the Have a Heart dispensaries in Seattle signed the

The cannabis industry’s willingness to unionize follows a trend of the industry trying to shake the stigma of a former black market, as well as a trend of problematic labor practices, through corporate social responsibility efforts. Indeed, because legalization measures are tied to repairing the past harms of the war on drugs, the industry has a unique opportunity to be a leader in corporate social responsibility, and that includes allowing employees to organize. Whatever the impetus, the growing trend to unionize the industry will help to ensure that beyond equity in ownership, the industry is also committed to building an equitable workforce.

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