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