Bill > A1052

Introduced Session

This bill provides cannabis workers employed by cannabis employers rights and protections equal to the rights and protections provided to other workers with respect to employee representation, collective bargaining, and unfair labor practices. Cannabis employers are defined in the bill as employers who are licensed or regulated under chapter 6I of Title 24 of the Revised Statutes. Currently, certain cannabis workers, most notably those employed by licensed cannabis cultivators, are excluded from protections against unfair labor practices provided to most private sector workers by the federal National Labor Relations Act (29 U.S.C. s.151 et seq.)("NLRA"), and provided to public employees by the State public employment relations law, P.L.1968, c.303 (C.34:13A-5.1 et seq.)("PERL") and the Workplace Democracy Enhancement Act, P.L.2018, c.15 (C.34:13A-5.11 et seq.) ("WDEA"). This bill brings those cannabis workers under protections similar to those laws, by expanding the responsibilities of the State Board of Mediation in the Department of Labor and Workforce Development regarding cannabis employment not regulated by the NLRA. It provides the board with the power to prevent specified unfair labor practices, thus providing rights to the cannabis workers similar to the rights provided to other private sector workers by the NLRA, and the rights provided to public employees by the PERL and the WDEA. The bill prohibits cannabis employers and their representatives and agents from the following unfair practices: 1. Interfering with, restraining, or coercing employees in the exercise of the rights granted by the bill. 2. Dominating or interfering with any employee organization. 3. Discriminating against employees for making disclosures or otherwise exercising their rights. 4. Refusing to negotiate in good faith or sign a negotiated agreement. 5. Violating any board regulation. The bill similarly prohibits cannabis worker organizations and their representatives and agents from the following unfair practices: 1. Interfering with, restraining or coercing employees in the exercise of their rights. 2. Interfering with, restraining, or coercing a cannabis employer in the selection of a representative for negotiations or grievance procedures. 3. Refusing to negotiate in good faith or sign a negotiated agreement. 4. Violating any board regulation. The board may order an offending party to cease any unfair practice and take reasonable remedial action, including, in the case of a discharge, reinstatement, paying lost wages, costs of action, and damages equal to the wages due. It is also an unfair practice under the bill for a cannabis employer to encourage or discourage employees from joining, forming or assisting an employee organization, or encourage them to end their employee organization membership or revoke authorization of the deduction of dues or fees. The board is required to order the employer to make whole the employee organization for any resulting losses to the organization. Current law, section 5 of P.L.1968, c.303 (C.34:13A-5.1), directs the New Jersey State Board of Mediation to designate a labor organization to represent employees of any private sector employer not regulated under the NLRA, including an employer who is not a cannabis employer, if the employees select the organization in an election conforming with NLRA procedures, or, if only one labor organization seeks to represent the employees, a majority of the employees sign cards showing that they prefer that organization. The bill provides that in such cases, including cases of non-cannabis employers, the employee organization may petition the board to require the employer to provide a list of current employees with contact information. The bill increases penalties for employer non-compliance from not more than $1,000 to not more than $5,000 per day of non-compliance. Finally, the bill clarifies that the provisions of section 5 of P.L.1968, c.303 (C.34:13A-5.1) concerning private employers not subject to the NLRA apply to employees not subject to the NLRA even if employed by an employer who has both employees not subject to the NLRA and employees who are subject to the NRLA. The bill provides, with respect to cannabis workers and employers, that if the employee organization petitions the board for that information, then the employer must also give the organization access to the employees, including allowing meetings in the workplace and employer-controlled living quarters. The bill provides that once the organization is designated as the employee representative, the employer must give the organization access to the employer's premises to investigate and discuss grievances and other issues, conduct meetings, and meet newly hired employees. The bill gives cannabis worker organizations the right to engage in publicity regarding products produced by an employer with which the organization has a dispute, including publicity asking the public to not patronize businesses distributing or selling the products.

AI Summary

Committee Categories

Wayne DeAngelo (D)*,  Annette Quijano (D)*, 

Withdrawn Because Approved P.L.2025, c.244. (on 01/13/2026)

Official Document