Under the new California state cannabis regulations, all cannabis employers with 20 or more employees must provide a statement with the license application that the company will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement (“LPA”). An LPA is an agreement between a company and a union that prohibits the union and its members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the company’s business. In exchange, the company agrees to allow the union to communicate with, and attempt to organize, the company’s employees.
United Food & Commercial Workers Local 5 ("Local 5") has begun filing Notices of Intent to Take Access (“NA”) at various cannabis operations in the Salinas area with the Agricultural Labor Relations Board ("ALRB"). In addition, Local 5 has been sending out letters to cannabis operations requesting that employers meet with Local 5 to enter into an LPA.
The following NA’s were filed with the ALRB yesterday, February 7, 2018, against cannabis employers:
♦ Tin House Partners, LLC (2018-NA-002-SAL)
♦ Top Industries, LLC (2018-NA-003-SAL)
♦ Wave Rider Nursery, LLC (2018-NA-004-SAL)
More filings are expected, and we will continue to send updates.
COUNSEL TO MANAGEMENT:
While Local 5 is sending letters suggesting it is an absolute requirement to enter into an LPA, there are currently no regulations or statutes that state an employer must absolutely enter into an LPA or has to kowtow to any union that darkens its door. Please contact The Saqui Law Group if you have any questions about your rights concerning union access on your property or if there are any filings against your company.