A significant number of production employees at Holistic Industries’ Monson facility have initiated a process to remove the United Food and Commercial Workers (UFCW) Local 1459 union from their workplace. Scott Browne, a packaging associate, filed the decertification petition with the National Labor Relations Board (NLRB), supported by attorneys from the National Right to Work Foundation.
The NLRB oversees federal labor laws, including conducting votes for union certification or decertification. According to the National Labor Relations Act (NLRA), a decertification petition requires signatures from at least 30% of employees in a work unit to hold an election. Browne exceeded this requirement by submitting signatures from over 70% of his colleagues.
Massachusetts does not have Right to Work protections, meaning union officials can mandate that employees pay dues as employment conditions. In contrast, Right to Work states allow voluntary union membership and financial support. Despite this difference, both types of states permit union contracts that govern all workers’ conditions in a unionized setting.
Browne expressed dissatisfaction with UFCW’s approach: “UFCW union officials are trying to strike a deal with our employer that will require us to pay fees out of our wages just to stay employed here. But with this petition, I and all of my coworkers have made our position clear: We don’t want or need a union.” He further criticized UFCW for failing to fulfill promises made during their initial engagement.
Recently, UFCW Local 1459 called for a vote on a proposed contract drafted by its officials. Often, unions rush contracts to activate the “contract bar,” preventing decertification votes while an agreement is active for up to three years. However, since Browne filed his petition before any contract ratification, Holistic Industries employees might avoid being bound by this policy.
The situation at Holistic Industries is not isolated; similar actions occurred at Green Thumb Industries in New Jersey with legal assistance from Foundation staff attorneys. Additionally, there is opposition against legislative proposals requiring cannabis companies to provide unions access under “labor peace agreements.” These agreements are already law in states like California and New York and were proposed in Massachusetts last session.
Mark Mix, President of the National Right to Work Foundation stated: “Holistic Industries workers have joined the groundswell of workers nationwide who are exercising their right to declare independence from union bosses who don’t represent their interests.” He added concerns about legislative efforts potentially undermining employee rights in favor of unions.
Mix emphasized that while legislators face many considerations when approving cannabis industries, protecting workers’ individual rights should remain paramount: “State lawmakers have no shortage of factors to wrestle with when deciding whether to greenlight the cannabis industry, but one thing should be non-negotiable: Letting the industry take root shouldn’t mean that workers’ individual rights go up in smoke.”
