Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4413 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE . . . . . . . . No. 4413
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES, February 20, 2024.
5	5	The committee on Cannabis Policy, to whom was referred the petition
6	6	(accompanied by bill, House, No. 115) of Steven Owens and others for
7	7	legislation to facilitate labor agreements among the cannabis workforce,
8	8	reports recommending that the accompanying bill (House, No. 4413)
9	9	ought to pass.
10	10	For the committee,
11	11	DANIEL M. DONAHUE. 1 of 4
12	12	FILED ON: 2/5/2024
13	13	HOUSE . . . . . . . . . . . . . . . No. 4413
14	14	The Commonwealth of Massachusetts
15	15	_______________
16	16	In the One Hundred and Ninety-Third General Court
17	17	(2023-2024)
18	18	_______________
19	19	An act to facilitate labor peace among the cannabis workforce.
20	20	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
21	21	of the same, as follows:
22	22	1 SECTION 1. Section 1 of chapter 94G of the General Laws, as appearing in the 2022
23	23	2Official Edition, is hereby amended by inserting the following 2 definitions:-
24	24	3 "Labor peace agreement", an agreement between a marijuana establishment and a bona
25	25	4fide labor organization that protects the parties' interests by, at minimum, allowing union agents
26	26	5to inform and communicate with employees about their labor rights including, but not limited to,
27	27	6the right to form a union without interference from the employer in exchange for prohibiting the
28	28	7labor organization from engaging in picketing, work stoppages or boycotts against the marijuana
29	29	8establishment.
30	30	9 “Bona fide labor organization” means an organization that is included on the list
31	31	10established and periodically updated by the commission pursuant to section 23, as amended by
32	32	11this act.
33	33	12 SECTION 2. Paragraph (3) of subsection (b) of section 5 of said chapter 94G, as so
34	34	13appearing, is hereby amended by striking out the word “and” in line 29. 2 of 4
35	35	14 SECTION 3. Paragraph (4) of said subsection (b) is hereby amended by replacing the
36	36	15period in line 36 with a semi-colon followed by the word “and.”
37	37	16 SECTION 4. Said subsection (b) is further amended by adding the following paragraph: -
38	38	17 (5) the prospective marijuana establishment has submitted an attestation that the applicant
39	39	18shall not interfere with union agents informing and communicating with employees about their
40	40	19labor rights including, but not limited to, the right to form a union without interference from the
41	41	20employer; provided however, that this requirement may be satisfied by the submission of an
42	42	21attestation, signed by both the applicant and a labor organization, stating that the applicant has
43	43	22entered into, and will maintain and abide by the terms of, a labor peace agreement.
44	44	23 SECTION 5. Subsection (b) of section 6 of said chapter 94G is hereby amended by
45	45	24adding the following paragraph:-
46	46	25 As part of a marijuana establishment’s renewal application, a marijuana establishment
47	47	26shall submit an attestation stating that the marijuana establishment has not interfered, and will
48	48	27not interfere, with its employees’ ability to form and maintain a union, including the ability for
49	49	28union agents to inform and communicate with employees about their labor rights including, but
50	50	29not limited to, the right to form a union without interference from the employer; provided
51	51	30however, that this requirement may be satisfied by the submission of an attestation signed by the
52	52	31license holder and a labor organization stating that the license holder has entered into,
53	53	32maintained, and abided by the terms of a labor peace agreement.
54	54	33 SECTION 6. Chapter 94G is hereby amended by inserting at the end thereof the
55	55	34following new section:- 3 of 4
56	56	35 Section 23. (a) The commission shall establish and periodically update a list of bona fide
57	57	36labor organizations that are actively seeking employees in the commonwealth.
58	58	37 (b) The commission may include on its list labor organizations of any kind, including an
59	59	38employee representation committee, group, or association, in which employees participate and
60	60	39which exists and is constituted for the purpose, in whole or in part, of collective bargaining or
61	61	40otherwise dealing with employers concerning grievances, labor disputes, terms or conditions of
62	62	41employment, including wages and rates of pay, or other mutual aid or protection in connection
63	63	42with employment. Such labor organizations may be characterized by the following:
64	64	43 (1) Being a party to 1 or more executed collective bargaining agreements with medical or
65	65	44adult-use marijuana employers, in the commonwealth or another state.
66	66	45 (2) Having a written constitution or bylaws in the 3 immediately preceding years.
67	67	46 (3) Filing the annual financial report required of labor organizations under subsection (b)
68	68	47of 29 U.S.C. § 431 or having at least 1 audited financial report in the 3 immediately preceding
69	69	48years.
70	70	49 (4) Being affiliated with any regional or national association of unions, including state
71	71	50and federal labor councils.
72	72	51 (5) Being a member of a national labor organization that has at least 500 general
73	73	52members in a majority of the 50 states of the United States.
74	74	53 (6) Being free from domination, interference, or financial support by any employer. 4 of 4
75	75	54 (c) The cannabis control commission shall promulgate regulations to implement this
76	76	55chapter and in doing so shall consult with the executive office of labor and workforce
77	77	56development.
78	78	57 (d) This section shall not apply to Small Businesses, as defined in 935 CMR 500.02 and
79	79	58935 CMR 501.02.