Concerns conditions of employment of certain cannabis workers.

A1052

ASSEMBLY, No. 1052

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

SYNOPSIS

���� Concerns conditions of employment of certain cannabis
workers.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning conditions of employment for certain
cannabis workers, amending P.L.1968, c.303, and supplementing Title 34 of the
Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 5 of P.L.1968,
c.303 (C.34:13A-5.1) is amended to read as follows:

���� 5.��� There is hereby
established a Division of Public Employment Relations and a Division of Private
Employment Dispute Settlement.

���� (a)�� The Division of Public
Employment Relations shall be concerned exclusively with matters of public
employment related to determining negotiating units, elections, certifications
and settlement of public employee representative and public employer disputes
and grievance procedures.� For the purpose of complying with the provisions of
Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Division
of Public Employment Relations is hereby allocated within the Department of
Labor and Workforce Development, and located in the city of Trenton, but
notwithstanding said allocation, the office shall be independent of any
supervision or control by the department or by any board or officer thereof.

���� (b)� The Division of Private
Employment Dispute Settlement shall assist the New Jersey State Board of
Mediation in the resolution of disputes in private employment.� The New Jersey
State Board of Mediation, its objectives and the powers and duties granted by this
act and the act of which this act is amendatory and supplementary shall be
concerned exclusively with matters of private employment and the office shall
continue to be located in the city of Newark.

���� (c)�� In the case of a private
employer
that has any employees not subject to the provisions of the
National Labor Relations Act (29 U.S.C. s.151 et seq.), or is
not regulated
by the National Labor Relations Board pursuant to
[
the National Labor Relations Act (29
U.S.C. s.151 et seq.)
]

that act
, the New Jersey State Board of Mediation shall designate a
representative for a unit of
those
employees of the private employer
,
or any employees of the employer if the employer is not regulated by that act,

for the purposes of collective bargaining when:

���� (1)� In any case in which the
board determines that
there is no current majority representative and

only one employee organization is seeking to be the majority representative,
that organization demonstrates that a majority of employees in the unit have
shown their preference to have that organization be their representative by
signing authorization cards indicating that preference; or

���� (2)� The employees in the unit
have selected a representative by an election that conforms with the procedures
outlined in section 159 of the National Labor Relations Act (29 U.S.C. s.159).

���� For the purposes of paragraph
(1) of this subsection, an authorization card indicating preference shall not
be valid unless it is printed in a language understood by the employee who
signs it.

����
An employee organization
seeking to be recognized as a majority representative, either by a card
authorization procedure pursuant to paragraph (1) of this subsection or by an
election pursuant to paragraph (2) of this subsection, is permitted, but not
required, to petition the New Jersey State Board of Mediation to require the
employer to file, within not more than 48 hours, and in the manner required by
the board, a complete and accurate list of the full names, current street
addresses, and job classifications of the current employees, and phone numbers
or other employee contact information available to the employer, which the
board shall immediately convey to the employee organization.
� Any employer
who refuses to provide information requested by the New Jersey State Board of
Mediation or otherwise acts to prevent the board from carrying out its
responsibilities pursuant to this subsection (c) shall have violated this
subsection and shall be liable to a fine of not more than
[
$1,000
]

$5,000 for
each day that the employer fails to provide a complete response or otherwise
prevents the board from carrying out its responsibilities
, to be recovered
under the "Penalty Enforcement Law of 1999," P.L.1999, c.274
(C.2A:58-10 et seq.) in the name of the board and to be used by the board for
costs of implementing this subsection.� In addition, an employee organization
seeking to represent the employees of the employer may institute an action in a
court of competent jurisdiction to obtain an injunction to restrain any continuation
of the violation, to reimburse the employee organization or any affected
employee for any damages caused by the violation plus reasonable costs and
attorney's fees of the action.

���� The provisions of this
subsection (c) shall not apply to religious or parochial schools or their
employees or to any private nonprofit organization exempt from federal taxation
under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. s. 501).

���� (d)� In the case of a private
employer regulated by the National Labor Relations Board pursuant to the
National Labor Relations Act (29 U.S.C. s. 151 et seq.), the New Jersey State
Board of Mediation shall, based on the mutual agreement of the private employer
and an organization seeking to represent employees of the employer, designate a
representative for a unit of employees of the private employer for the purposes
of collective bargaining when:

���� (1)� In any case in which the
board determines that only one employee organization is seeking to be the
majority representative, that organization demonstrates, in a manner mutually
agreed upon by the representative and the employer, that a majority of employees
in the unit have shown their preference to have that organization be their
representative by signing authorization cards indicating that preference; or

���� (2)� the employees in the unit
have selected the representative by an election that conforms with the
procedures outlined in section 159 of the National Labor Relations Act (29
U.S.C. s.159).

���� (e)�� For the purposes of
subsections (c) and (d) of this section, "employee unit" means an
appropriate group of employees for the purposes of collective bargaining as
determined, if necessary, by the New Jersey State Board of Mediation.

(cf: P.L.2005, c.161, s.1)

���� 2.��� (New section) a.
Cannabis employers and their representatives and agents are prohibited from the
following unfair practices with respect to cannabis workers:

���� (1)� Interfering with,
restraining, or coercing employees in their exercise of rights guaranteed by
P.L.�� , c.�� (C.������ ) (pending before the Legislature as this bill).

���� (2)� Dominating or interfering
with the formation, existence or administration of any employee organization,
including any violation of the provisions of section 3 of P.L.�� , c.��
(C.����� ) (pending before the Legislature as this bill).

���� (3)� Discharging, threatening
to discharge, or otherwise discriminating with respect to hire or tenure of
employment or any term or condition of employment to encourage or discourage
employees from signing or filing an affidavit, petition or complaint or disclosing
any information or testimony, or exercising any other rights guaranteed by
P.L.�� , c.�� (C.������ ) (pending before the Legislature as this bill).

���� (4)� Refusing to negotiate in
good faith with a majority representative of employees concerning terms and
conditions of employment, refusing to process grievances, or refusing to reduce
to writing and sign a negotiated agreement.

���� (5)� Violating any rules or
regulations adopted by the State Board of Mediation.

���� b.��� Organizations representing,
or seeking to represent, cannabis workers and representatives and agents of
those organizations and agents are prohibited from the following unfair
practices with respect to cannabis workers:

���� (1)� Interfering with,
restraining or coercing employees in the exercise of the rights guaranteed to
them by P.L.� ,
c. (C. )(pending before the
Legislature as this bill).

���� (2)� Interfering with,
restraining or coercing a cannabis employer in the selection of the employer�s
representative for the purposes of negotiations or the adjustment of
grievances.

���� (3)� Refusing to negotiate in
good faith with a cannabis employer concerning terms and conditions of
employment, or refusing to reduce to writing and sign a negotiated agreement.

���� (4)� Violating any rules or
regulations adopted by the State Board of Mediation.

���� c.��� The State Board of
Mediation shall have exclusive power to prevent anyone from engaging in any
unfair practice listed in subsections a. and b. of this section.� Whenever it
is charged that any party has engaged or is engaging in an unfair practice, the
board, or its designated agent, shall have authority to issue and cause to be
served upon the party a complaint stating the specific unfair practice charged
and including a notice of hearing containing the date and place of hearing
before the board or its designated agent, except that no complaint shall be
based on an unfair practice occurring more than six months prior to the filing
of the charge unless the aggrieved person was prevented from filing the charge,
in which event the six-month period shall be computed from the day the person
was no longer prevented.� If the board determines that any party charged has
engaged or is engaging in an unfair practice, the board shall state its
findings of fact and conclusions of law and issue and cause to be served on the
party an order requiring the party to cease and desist from the unfair
practice, and to take reasonable remedial or affirmative action as will
effectuate the policies of P.L.�� , c.�� (C.������ ) (pending before the
Legislature as this bill), which shall, in the case of a discharge or other
discrimination against any employee for exercising rights guaranteed by P.L.��
, c.�� (C.������ ) (pending before the Legislature as this bill), include
reinstatement to any employment from which the employee was discharged, the
payment of any wages lost due to the discrimination, reasonable costs of
action, and liquidated damages equal to the wages due.� Any case in which a
complaint and notice of hearing are issued by the board shall be prosecuted
before the board by a representative of the employee organization or other
party filing the charge.

���� d.��� The board shall have the
power to apply to the Appellate Division of the Superior Court for an
appropriate order enforcing any order of the board issued pursuant to
subsection c. of this section, and its findings of fact, if based upon
substantial evidence on the record as a whole, shall not be set aside or
modified, and any order for remedial or affirmative action, if reasonably
designed to effectuate the provisions of P.L.�� , c.�� (C.������ ) (pending
before the Legislature as this bill), shall be affirmed and enforced.

���� 3.��� (New section)� a.� If an
employee organization seeking to be a majority representative of cannabis
workers employed by a cannabis employer petitions the New Jersey State Board of
Mediation to require the employer to provide a list of the current employees with
contact information pursuant to section 5 of P.L.1968, c.303 (C.34:13A-5.1), the

employer shall, along with providing the list
and
contact information,
provide the
employee organization access to the employees.� The required access to
employees shall include, but not be limited to, permitting representatives of
the organization to meet with employees on the premises of the employer during
the work day, and permitting representatives of the organization to meet with employees
at any employee living quarters under the control of the employer.

���� b.��� A
cannabis employer shall permit any employee organization which is a majority
representative of employees of the employer:

���� (1)� to
access the employer�s premises to investigate and discuss with the employees
grievances, workplace-related complaints, and other workplace issues;

���� (2)� to
conduct worksite meetings during non-work breaks, and before and after the
workday, to discuss workplace issues, collective negotiations, the
administration of collective negotiations agreements, other matters related to
the governance, business, and duties of the employee organization; and

���� (3)� to
meet with a newly hired employee within five days after hire, without charge to
the pay or leave time of the employee.

���� c.��� A
cannabis employer shall provide the majority representative with timely
notification of any new hiring by the employer or change in the contact
information of current employees.

���� d.��� A cannabis employer
shall carry out payroll deductions of membership dues for the
majority representative
, and payroll
deductions for representation fees from non-members, as agreed to in
negotiations between the employer and the
majority
representative
, or, if an agreement is not reached, as set by the State
Board of Mediation.

���� e.��� A cannabis employer
shall not discourage an employee from joining, forming or assisting an employee
organization, or encourage employees to resign or relinquish membership in an
employee organization, or revoke authorization of the deduction of dues or fees
to an employee organization.

���� f.���� A cannabis employer who
violates any provision of this section shall be regarded as having engaged in
an unfair practice in violation of section 2 of P.L.��� , c.�� (C.��� )
(pending before the Legislature as this bill), and, upon a finding that the
violation has occurred, the board, in addition to implementing any other
remedies authorized by that section, shall order the cannabis employer to make
whole the employee organization for any losses suffered by the organization as
a result of the violation.

���� 4.��� (New section)
Notwithstanding any law to the contrary, an organization representing cannabis
workers, and its members, representatives, and supporters, shall have the right
to engage in publicity, including picketing, for the purpose of truthfully
advising the public, including consumers, that products or the ingredients of
products are produced by a cannabis employer with which the organization has a
dispute, including publicity which has the effect of requesting the public to
cease patronizing businesses which distribute or sell those products.� Nothing
in P.L.�� , c.�� (C. )(pending before the Legislature as
this bill) shall be construed so as to interfere with or impede or diminish in
any way the right of employees of private employers to strike or engage in
other concerted actions.

���� 5.��� (New section) The New
Jersey State Board of Mediation shall adopt regulations as needed regarding the
conduct of the selection of majority representatives though election or
authorization card procedures pursuant to subsection (c) of section 5 of
P.L.1968, c.303 (C.34:13A-5.1), procedures for negotiations between majority
representatives and cannabis employers, the resolution of grievances, the
collection of dues and fees for the majority representatives, and other matters
concerning terms and conditions of employment.

���� 6.��� (New section) For the
purposes of sections 2 through 6 of P.L.�� , c.�� (C.��� ) (pending before the
Legislature as this bill):

���� �Cannabis employer� means any private
employer who is provided a permit, license, or other authorization to operate
as a medical cannabis cultivator, medical cannabis manufacturer, medical
cannabis dispensary, clinical registrant, cannabis cultivator, cannabis
manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or
cannabis delivery service, and who employs workers not subject to the
provisions of the National Labor Relations Act (29 U.S.C. s.151 et seq.).

���� �Cannabis worker� means a
worker who is an employee of a cannabis employer and is not subject to the
provisions of the National Labor Relations Act (29 U.S.C. s.151 et seq.).

���� �Majority representative�
means an employee organization designated by the State Board of Mediation
pursuant to subsection (c) of section 5 of P.L.1968, c.303 (C.34:13A-5.1) to be
a representative of a unit of employees of a cannabis employer.

���� 7.��� This act shall take
effect immediately.

STATEMENT

���� This bill provides cannabis
workers employed by cannabis employers rights and protections equal to the
rights and protections provided to other workers with respect to employee
representation, collective bargaining, and unfair labor practices.� Cannabis employers
are defined in the bill as employers who are licensed or regulated under
chapter 6I of Title 24 of the Revised Statutes.

���� Currently, certain cannabis
workers, most notably those employed by licensed cannabis cultivators, are
excluded from protections against unfair labor practices provided to most
private sector workers by the federal National Labor Relations Act (29 U.S.C.
s.151 et seq.)(�NLRA�), and provided to public employees by the State public
employment relations law, P.L.1968, c.303 (C.34:13A-5.1 et seq.)(�PERL�) and
the Workplace Democracy Enhancement Act, P.L.2018, c.15 (C.34:13A-5.11 et seq.)
(�WDEA�).

���� This bill brings those
cannabis workers under protections similar to those laws, by expanding the
responsibilities of the State Board of Mediation in the Department of Labor and
Workforce Development regarding cannabis employment not regulated by the NLRA.�
It provides the board with the power to prevent specified unfair labor
practices, thus providing rights to the cannabis workers similar to the rights
provided to other private sector workers by the NLRA, and the rights provided
to public employees by the PERL and the WDEA.

���� The bill prohibits cannabis
employers and their representatives and agents from the following unfair
practices:

���� 1.��� Interfering with,
restraining, or coercing employees in the exercise of the rights granted by the
bill.

���� 2.��� Dominating or
interfering with any employee organization.

���� 3.��� Discriminating against
employees for making disclosures or otherwise exercising their rights.

���� 4.��� Refusing to negotiate in
good faith or sign a negotiated agreement.

���� 5.��� Violating any board regulation.

���� The bill similarly prohibits
cannabis worker organizations and their representatives and agents from the
following unfair practices:

���� 1.��� Interfering with,
restraining or coercing employees in the exercise of their rights.

���� 2.��� Interfering with,
restraining, or coercing a cannabis employer in the selection of a
representative for negotiations or grievance procedures.

���� 3.��� Refusing to negotiate in
good faith or sign a negotiated agreement.

���� 4.��� Violating any board
regulation.

���� The board may order an
offending party to cease any unfair practice and take reasonable remedial
action, including, in the case of a discharge, reinstatement, paying lost
wages, costs of action, and damages equal to the wages due.� It is also an
unfair practice under the bill for a cannabis employer to encourage or
discourage employees from joining, forming or assisting an employee
organization, or encourage them to end their employee organization membership
or revoke authorization of the deduction of dues or fees.� The board is
required to order the employer to make whole the employee organization for any
resulting losses to the organization.

���� Current law, section 5 of
P.L.1968, c.303 (C.34:13A-5.1), directs the New Jersey State Board of Mediation
to designate a labor organization to represent employees of any private sector
employer not regulated under the NLRA, including an employer who is not a
cannabis employer, if the employees select the organization in an election
conforming with NLRA procedures, or, if only one labor organization seeks to
represent the employees, a majority of the employees sign cards showing that
they prefer that organization.� The bill provides that in such cases, including
cases of non-cannabis employers, the employee organization may petition the
board to require the employer to provide a list of current employees with
contact information.� The bill increases penalties for employer non-compliance
from not more than $1,000 to not more than $5,000 per day of non-compliance.�
Finally, the bill clarifies that the provisions of section 5 of P.L.1968, c.303
(C.34:13A-5.1) concerning private employers not subject to the NLRA apply to
employees not subject to the NLRA even if employed by an employer who has both
employees not subject to the NLRA and employees who are subject to the NRLA.

���� The bill provides, with
respect to cannabis workers and employers, that if the employee organization
petitions the board for that information, then the employer must also give the
organization access to the employees, including allowing meetings in the workplace
and employer-controlled living quarters.� The bill provides that once the
organization is designated as the employee representative, the employer must
give the organization access to the employer�s premises to investigate and
discuss grievances and other issues, conduct meetings, and meet newly hired
employees.

���� The bill gives cannabis worker
organizations the right to engage in publicity regarding products produced by
an employer with which the organization has a dispute, including publicity
asking the public to not patronize businesses distributing or selling the
products.