Marijuana Business Magazine - April 2018

Hire a Lawyer With something as potentially complicated as forging a labor agree- ment, you want a good lawyer as an advocate.That is especially important because statutes on what constitutes a valid agreement are vague, according to Nelson and Conti. “Savvy labor counsel should be able to negotiate favorable terms that do not disadvantage the employer, yet pass union scrutiny,” they said. Vaniman suggested contacting your cannabis business attorney to recom- mend a labor lawyer familiar with state marijuana laws. “Cannabis attorneys that are aware of state regulations regarding the can- nabis business with a specialty in labor law are ideal,” she said. Don’t Overcomplicate a Peace Agreement A labor peace agreement need be only three to five pages long, Vaniman noted. “Unions are well versed in labor peace agreements,” Vaniman said. “Many states require them for the hospitality industries.”Those contracts can serve as a template for marijuana pacts. It might only take three hours of a lawyer’s time to draw up a simple labor agreement, Vaniman added. However, it can take a lot more time “if significant negotiations are required or the company desires to enter into discussions with multiple unions,” she said. Attorney Gina Roccanova noted that a “bare-bones” labor peace agree- ment can be negotiated and drafted fairly quickly. “The more significant expenses arise if and when the employees agree to have the union represent them,” said Roccanova, a principal in the Oakland office of Meyers, Nave, Riback, Silver & Wilson. “The employer will then have to bear the expense of negotiating the terms of a collective bargaining agree- ment, which in turn may require some significant changes in the way they do business,” she said. What a Peace Pact Should Include A labor peace agreement should pro- hibit a union from striking, picketing the marijuana operation and boycotts, lawyers agreed. Labor peace agreements typically require an employer to remain neutral during organizing and refrain from running anti-union campaigns, Nelson and Conti said. In return, a union agrees not to disparage the employer or coerce employees to vote for representation. According to Grover, employer concessions could include: • Permitting a “card check” rather than a secret ballot election for union representation. A card check allows employees to unionize after a majority sign authorization forms, or cards, showing they want union representation. • Providing organizers a list of employees that includes phone numbers or other contact informa- tion. Such a step makes it easier for organizers to reach out to employees. “Collective bargaining agreements, which are negotiated after employees decide they want to have a union rep- resent them, typically include provi- sions regarding wages, hours, benefits and other terms and conditions of employment,” Roccanova said. Union contracts also often address some level of job security by requir- ing just cause for termination and a grievance process to resolve disputes, she added. What to Avoid At the top of the list of things to avoid is committing “unfair labor prac- tices,” according to Grover. Chris Conti is an associate in the San Diego office of Fisher Phillips, a labor and employment law firm. Photo courtesy of Fisher Phillips Margaret J. Grover is an employment lawyer with Wendel, Rosen, Black & Dean in Oakland, California. Photo courtesy of Wendel, Rosen, Black & Dean Megan Vaniman is an employment lawyer with the Portland, Oregon, law office of Harris Brickman. Photo courtesy of Harris Brickman 78 • Marijuana Business Magazine • April 2018