Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2598 Compare Versions

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

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1	1	1 of 4
2	2	FILED ON: 2/5/2024
3	3	SENATE . . . . . . . . . . . . . . No. 2598
4	4	The Commonwealth of Massachusetts
5	5	_______________
6	6	In the One Hundred and Ninety-Third General Court
7	7	(2023-2024)
8	8	_______________
9	9	An Act to facilitate labor peace among the cannabis workforce.
10	10	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
11	11	of the same, as follows:
12	12	1 SECTION 1. Section 1 of chapter 94G of the General Laws, as appearing in the 2022
13	13	2Official Edition, is hereby amended by inserting the following 2 definitions:-
14	14	3 "Labor peace agreement", an agreement between a marijuana establishment and a bona
15	15	4fide labor organization that protects the parties' interests by, at minimum, allowing union agents
16	16	5to inform and communicate with employees about their labor rights including, but not limited to,
17	17	6the right to form a union without interference from the employer in exchange for prohibiting the
18	18	7labor organization from engaging in picketing, work stoppages or boycotts against the marijuana
19	19	8establishment.
20	20	9 “Bona fide labor organization” means an organization that is included on the list
21	21	10established and periodically updated by the commission pursuant to section 23, as amended by
22	22	11this act.
23	23	12 SECTION 2. Paragraph (3) of subsection (b) of section 5 of said chapter 94G, as so
24	24	13appearing, is hereby amended by striking out the word “and” in line 29. 2 of 4
25	25	14 SECTION 3. Paragraph (4) of said subsection (b) is hereby amended by replacing the
26	26	15period in line 36 with a semi-colon followed by the word “and.”
27	27	16 SECTION 4. Said subsection (b) is further amended by adding the following paragraph: -
28	28	17 (5) the prospective marijuana establishment has submitted an attestation that the applicant
29	29	18shall not interfere with union agents informing and communicating with employees about their
30	30	19labor rights including, but not limited to, the right to form a union without interference from the
31	31	20employer; provided however, that this requirement may be satisfied by the submission of an
32	32	21attestation, signed by both the applicant and a labor organization, stating that the applicant has
33	33	22entered into, and will maintain and abide by the terms of, a labor peace agreement.
34	34	23 SECTION 5. Subsection (b) of section 6 of said chapter 94G is hereby amended by
35	35	24adding the following paragraph:-
36	36	25 As part of a marijuana establishment’s renewal application, a marijuana establishment
37	37	26shall submit an attestation stating that the marijuana establishment has not interfered, and will
38	38	27not interfere, with its employees’ ability to form and maintain a union, including the ability for
39	39	28union agents to inform and communicate with employees about their labor rights including, but
40	40	29not limited to, the right to form a union without interference from the employer; provided
41	41	30however, that this requirement may be satisfied by the submission of an attestation signed by the
42	42	31license holder and a labor organization stating that the license holder has entered into,
43	43	32maintained, and abided by the terms of a labor peace agreement.
44	44	33 SECTION 6. Chapter 94G is hereby amended by inserting at the end thereof the
45	45	34following new section:- 3 of 4
46	46	35 Section 23. (a) The commission shall establish and periodically update a list of bona fide
47	47	36labor organizations that are actively seeking employees in the commonwealth.
48	48	37 (b) The commission may include on its list labor organizations of any kind, including an
49	49	38employee representation committee, group, or association, in which employees participate and
50	50	39which exists and is constituted for the purpose, in whole or in part, of collective bargaining or
51	51	40otherwise dealing with employers concerning grievances, labor disputes, terms or conditions of
52	52	41employment, including wages and rates of pay, or other mutual aid or protection in connection
53	53	42with employment. Such labor organizations may be characterized by the following:
54	54	43 (1) Being a party to 1 or more executed collective bargaining agreements with medical or
55	55	44adult-use marijuana employers, in the commonwealth or another state.
56	56	45 (2) Having a written constitution or bylaws in the 3 immediately preceding years.
57	57	46 (3) Filing the annual financial report required of labor organizations under subsection (b)
58	58	47of 29 U.S.C. § 431 or having at least 1 audited financial report in the 3 immediately preceding
59	59	48years.
60	60	49 (4) Being affiliated with any regional or national association of unions, including state
61	61	50and federal labor councils.
62	62	51 (5) Being a member of a national labor organization that has at least 500 general
63	63	52members in a majority of the 50 states of the United States.
64	64	53 (6) Being free from domination, interference, or financial support by any employer. 4 of 4
65	65	54 (c) The cannabis control commission shall promulgate regulations to implement this
66	66	55chapter and in doing so shall consult with the executive office of labor and workforce
67	67	56development.
68	68	57 (d) This section shall not apply to Small Businesses, as defined in 935 CMR 500.02 and
69	69	58935 CMR 501.02.
70	70	59