Employees at Curaleaf Camelback Dispensary in Phoenix voted on May 1 to remove United Food and Commercial Workers Local 99 as their workplace representative, following a petition led by dispensary employee Jennifer Mooney. The National Labor Relations Board (NLRB) administered the secret-ballot election for the unit of 25 workers, resulting in a vote of 14-1 against continued union representation. Despite this outcome, UFCW union officials have filed a request with the NLRB seeking to overturn the result.
The situation highlights ongoing debates over union representation and worker rights in Arizona, one of 26 states with Right to Work protections that make union membership and dues voluntary. However, even in these states, unions can still exercise exclusive bargaining power over all employees within a workplace.
Mooney said her colleagues felt their interests were not represented by UFCW officials: “My colleagues and I didn’t appreciate how UFCW officials ignored our interests and tried to force a contract that we didn’t like. We are thankful to have the Foundation’s assistance in exercising our legal rights.” Legal support for the petition was provided free of charge by staff attorneys from the National Right to Work Legal Defense and Education Foundation.
Foundation attorneys have recently supported similar efforts among cannabis industry workers in other states such as Massachusetts, Missouri, and Ohio. They also submitted an amicus brief last year regarding labor peace agreements affecting cannabis businesses before the Ninth Circuit Court of Appeals. The brief argues that California’s requirements may violate federal law by forcing employers into negotiations with unions regardless of worker preference.
Mark Mix, president of the National Right to Work Foundation, commented on attempts by union lawyers to challenge decertification votes: “Once again, rather than respect the decision of workers who overwhelmingly want to be free of the UFCW at their workplace, union lawyers are attempting to overturn the vote of workers opposed to union affiliation.” Mix further said: “Cannabis industry workers in particular are being targeted by Big Labor… Foundation attorneys will always fight to ensure that workers can exercise their right to choose, free of impediments at both state and federal levels.”
The National Right to Work Legal Defense and Education Foundation works on protecting employees from compulsory unionism through litigation and public education; it provides free legal aid and educational resources for safeguarding worker rights against mandatory fees; it focuses on labor rights advocacy according to its official website.
