Critics say measures 119 follows national labor relations law.
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In a widely provided legal challenge, two Portland -based distributors are sueing to block the implementation of a new law intended to help the cannabis industry workers join.
Dispensants – Hash and Ascend Dispensary of Bubble – argue in a complaint filed on 12 February at the Federal Court of District in Eugene that the new Oregon law is unconstitutional because it is predetermined by a federal law, the National Labor Law (NLRA ).
“Measure 119 fails to recognize an employee’s right to elect (or not) their representation of the union … while commanding the licenses to conclude binding contracts, although improper contracts or risk licensing,” the lawsuit states.
The lawsuit appoints as the defendant of Oregon Tina Kotek, State Prosecutor General Dan Rayfield, and the Chairman and Executive Director of the Liquor Commission and Cannabis Oregon (OLCC), which holds the Marijuana Business License Program.
Mass 119 requires that retail sellers and cannabis processors submit a signed peace agreement (PLA) on OLCC as part of the licensing process. Such agreements require that management remain neutral when employees take steps to join. The law does not apply to manufacturers or wholesalers.
The Union’s Republics have defended the Law of Oregon – the United Act of Cannabis Workers – as needed to clear the dark relations between state and federal marijuana law. Because marijuana remains illegal federal, M119 supporters say Oregana -based marijuana businesses may fail to recognize federal workers’ protections.
Cannabis Pla laws are in books in other countries including New Jersey and New York. California recently expanded its cannabis requirements. The lawsuit states that other legal challenges for the state laws of cannabis PLA are continuing.
Cannabis lawyers have asked Oregon -based clients to apply for licensing before the effective date of the December 5 law to avoid PLA requirements for at least one other year. And cannabis lawyer Vince Sliwoski of the firm Harris Sliwoski writes online that a number of marijuana businesses presented the OLCC License without PLA in the apparent prediction of a legal challenge for the new law.
Oregon’s law version began in 2023, when the largest state trade union in the private sector, united food workers and traders tried to adopt a law of cannabis PLA in the state legislature, although the effort was unsuccessful.
The Union accused Rep. Paul Holvey, D-Eugene, to tanking the chances of the bill. Hovey said at a time when M119 could violate NLRA, an assessment separated by legislative lawyers.
UFCW Local 555, which represents food workers and others in much of the northwest, spent more than $ 300,000 in the campaign to remember Holvey, a former rede of the mercury union, considered one of the strongest allies of the work of the legislature. According to Oregon’s public broadcast, the union cited Holvey’s lack of support for Bill Cannabis Pla – its high legislative advantage that session – as its main complaint against it. That October, Holvey easily survived the challenge of attraction.
Following the failure of HB 3183, the union focused on the adoption of a law of cannabis PLA through the oregon voting process. After all, she submitted 163,000 signatures to the Office of the Secretary of State, even more than the number required to receive M119 in the November vote. The law version set for voters went further than HB 3183, leaving a passage from the draft law banning employees who would sign a PLA from the blow to resolve the disputes.
The mass passed by 57% of the vote.
UFCW Local 555 has said he will follow more voting measures in the future given his disappointment with the elected lawmakers. Last year, more than 4,500 union members working in 28 Fred Meyer stores of the Portland area were hit for two months.
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