«Neutrality.» The NLRA, a federal law, protects employers` rights to freedom of expression – their rights under Section 8(c) – and allows employers to share with workers their opinions, experiences and facts about unions. These are essential tools for employers facing union organizing efforts, as they allow employers to inform workers of the reality of union representation and to respond to misinformation spread by the union. Most importantly, listening to both perspectives allows employees to make informed and free decisions about whether or not they want to be represented by a union. Neutrality provisions in labour peace agreements contractually waive the ability of employers to use these dynamic tools and generally require employers to remain impartial in all union matters. While AB 1291 does not explicitly renounce the freedom of expression of cannabis employers, neutrality is one of the most common union demands in negotiations on labour peace agreements and employers can expect unions to insist on neutrality in exchange for a labour peace agreement. Since a labour peace agreement with a union is necessary to do business, AB 1291 provides unions with the necessary leverage to enforce such provisions. Strategic Labour Relations Plan. The best offense is a good defense, and for cannabis employers, a tactical labor relations strategy is the best defense against AB 1291. Unions win elections because they promise to change the way employees are treated, not because they promise more money. Often, a few small changes in an employer`s internal processes can make a dramatic difference in employee morale and satisfaction, and a strategic labour relations plan ensures that employers have optimized their internal processes, so a union cannot promise employees a dramatic improvement in working conditions. MAUCRSA defined a «labor peace agreement» as an agreement between a licensee and a «bona faith work organization,» which: Cal. Lab.
& Prof Code § 26001 (x) (2017). Concepts such as «disturbing» and «access to reasonable hours» are vague and may create differences of opinion. At that time, we encourage cannabis companies to get legal advice from experts when negotiating written agreements or settling disputes with a union. Advice to employers on labour rights, labour relations, collective agreements and negotiations with Educate Employees Now unions. From 1291, employers do not impose direct neutrality from 1 January 2020; On the contrary, neutrality will be the likely result of a mandated labour peace agreement that has finally been concluded. Accordingly, until they enter into a labour agreement with a union, cannabis employers should consider using their 8(c) rights and adequately informing their employees about unions and their effects on workers and the workplace. The employers` defense against claims of unfair labor practices, from the response to the original charge by hearing and appeal AB 1291 raises serious questions as to whether it is unconstitutional due to preemption by the National Labor Relations Act (NLRA) after two complementary doctrines of preemption: Garmon and Machinists. .