Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S49 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 16 FILED ON: 1/5/2023
3	3	SENATE . . . . . . . . . . . . . . No. 49
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Lydia Edwards
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to facilitate labor peace among the cannabis workforce.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Lydia EdwardsThird SuffolkSteven Owens29th Middlesex1/18/2023Daniel M. Donahue16th Worcester1/26/2023James K. Hawkins2nd Bristol2/7/2023James B. EldridgeMiddlesex and Worcester2/11/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/13/2023Michael O. MooreSecond Worcester2/15/2023 1 of 3
16	16	SENATE DOCKET, NO. 16 FILED ON: 1/5/2023
17	17	SENATE . . . . . . . . . . . . . . No. 49
18	18	By Ms. Edwards, a petition (accompanied by bill, Senate, No. 49) of Lydia Edwards, Steven
19	19	Owens, Daniel M. Donahue, James K. Hawkins and other members of the General Court for
20	20	legislation to facilitate labor peace among the cannabis workforce. Cannabis Policy.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to facilitate labor peace among the cannabis workforce.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1 of chapter 94G of the General Laws, as appearing in the 2018
30	30	2Official Edition, is hereby amended by inserting the following 2 definitions:-
31	31	3 "Labor peace agreement", an agreement between a cannabis establishment and a bona
32	32	4fide labor organization that protects the parties' interests by, at minimum, allowing union agents
33	33	5to inform and communicate with cannabis employees about their labor rights including, but not
34	34	6limited to, the right to form a union without interference from the employer in exchange for
35	35	7prohibiting the labor organization from engaging in picketing, work stoppages or boycotts
36	36	8against the cannabis establishment.
37	37	9 “Labor Organization” means a bona fide labor organization of any kind, including an
38	38	10employee representation committee, group, or association, in which employees participate and
39	39	11which exists and is constituted for the purpose, in whole or in part, of collective bargaining or
40	40	12otherwise dealing with compassion center or safety compliance facility employers concerning 2 of 3
41	41	13grievances, labor disputes, terms or conditions of employment, including wages and rates of pay,
42	42	14or other mutual aid or protection in connection with employment, and may be characterized by
43	43	15the following:
44	44	16 (1) Being a party to 1 or more executed collective bargaining agreements with medical or
45	45	17personal use marijuana employers, in this State or another state.
46	46	18 (2) Having a written constitution or bylaws in the 3 immediately preceding years.
47	47	19 (3) Filing the annual financial report required of labor organizations under subsection (b)
48	48	20of 29 U.S.C. § 431 or having at least 1 audited financial report in the 3 immediately preceding
49	49	21years.
50	50	22 (4) Being affiliated with any regional or national association of unions, including state
51	51	23and federal labor councils.
52	52	24 (5) Being a member of a national labor organization that has at least 500 general
53	53	25members in a majority of the 50 states of the United States.
54	54	26 SECTION 2. Subsection (b) of section 5 of said chapter 94G, as so appearing, is hereby
55	55	27amended by inserting the following paragraph:-
56	56	28 (5) the prospective marijuana establishment has submitted an attestation that the applicant
57	57	29shall not interfere with union agents informing and communicating with cannabis employees
58	58	30about their labor rights including, but not limited to, the right to form a union without
59	59	31interference from the employer; provided however, that this requirement may be satisfied by the
60	60	32submission of an attestation, signed by both the applicant and a labor organization, stating that
61	61	33the applicant has entered into, and will maintain and abide by the terms of, a labor peace 3 of 3
62	62	34agreement. A violation of a labor peace agreement or a failure to submit an attestation may result
63	63	35in suspension, revocation, or denial of such license.
64	64	36 SECTION 3. Subsection (b) of section 6 of said chapter 94G, as so appearing, is hereby
65	65	37amended by adding the following paragraph:-
66	66	38 As part of a marijuana establishment’s renewal application, a marijuana establishment
67	67	39shall submit an attestation stating that the marijuana establishment has not interfered, and will
68	68	40not interfere, with its employees’ ability to form and maintain a union, including the ability for
69	69	41union agents to inform and communicate with employees about their labor rights including, but
70	70	42not limited to, the right to form a union without interference from the employer; provided
71	71	43however, that this requirement may be satisfied by the submission of an attestation signed by the
72	72	44license holder and a labor organization stating that the license holder has entered into,
73	73	45maintained, and abided by the terms of a labor peace agreement. A violation of a labor peace
74	74	46agreement or a failure to submit an attestation may result in the denial of the renewal of a
75	75	47license.