New JerseyA4182220th Legislature (2024-2025)HouseWALLET

Concerns conditions of employment of certain cannabis employees.**

Sponsored By: Atkins, Reginald W., James Beach (Democratic), Wayne P. DeAngelo (Democratic), Annette Quijano (Democratic), Troy Singleton (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 3 benefits, 1 costs, 5 mixed.

Cannabis workers gain first-contract dispute deadlines

For a first union contract, bargaining must start within 10 days after a written request unless both sides agree to more time. After 90 days without agreement, either side can request mediation; after 30 unsuccessful mediation days, the dispute goes to a three-member arbitration panel. Parties can agree to longer bargaining or mediation periods. The panel must decide within 120 days after referral, except for extraordinary circumstances or permitted extensions; its award binds both sides for two years unless changed by written agreement. Arbitrators must weigh living costs and support for dependents alongside employer finances, operations, and industry wages and benefits.

Cannabis workers gain labor violation remedies

The state must certify a union when employer campaign misconduct makes a fair new campaign unlikely; false factual or legal claims count. After a hearing, election interference also requires certification and bargaining without another vote, unless the employer shows it likely did not affect the result. Courts must grant temporary relief when reasonable cause shows interference with workers' choice of representation; it lasts until an election or 30 days, whichever comes first. When evidence shows a labor violation was more likely than not, the state can order the conduct stopped and grant relief. Relief can include reinstatement, back pay, and pay lost through refusal to bargain, but not reinstatement or back pay for workers suspended or fired for cause.

Cannabis workers gain strike retaliation protections

Covered cannabis workers can strike, including over state findings of unfair labor practices; employers hiring replacements must reemploy protected strikers when the dispute ends. Employers cannot interfere with organizing, discriminate over protected activity, spy on or blacklist workers, refuse bargaining or grievances, or impose labor-dispute lockouts. Employers also cannot use state money to discourage union participation. Adverse action within 90 days after protected activity is presumed retaliatory, though employers can rebut that presumption. During a majority-support campaign, employers need clear and convincing evidence they would have taken the same action without the campaign; unrelated good-cause firing remains allowed.

Cannabis contract terms continue during notice

For covered contracts affecting commerce, either side seeking changes or termination must give written notice 60 days before expiration. Without an expiration date, notice is due 60 days before the proposed change. That side must offer to meet and notify the state labor division within 30 days after giving notice. Existing terms stay in place for 60 days after notice or until expiration, whichever is later. Neither side can strike or lock out workers during that period.

Cannabis unions face discrimination accountability rules

Cannabis unions cannot cause or try to cause unlawful discrimination against workers. They also cannot refuse to bargain when they represent an employer's cannabis workers. The state must remove a union's certification after a qualifying discrimination finding by the New Jersey Division on Civil Rights. A qualifying federal Equal Employment Opportunity Commission finding concerning conduct during the current certification also requires removal. These rules protect workers from union misconduct but can end their union's status as bargaining representative.

Cannabis workers gain bargaining rights

Cannabis workers outside the National Labor Relations Act gain rights to organize, choose representatives, and act together over workplace issues. Workers can also refrain, unless an authorized agreement makes union membership a job requirement. New hires in the same or similar jobs join the existing bargaining unit and its contract. The employer and union set when coverage begins, either at hiring or after an agreed probation period.

Cannabis workers get union petition routes

A union can gain exclusive bargaining rights with over 50% support; certification starts the employer's duty to bargain immediately. The petition must allege current employment of at least 50% of the unit, no valid election in the past 12 months, and no contract bar. The union must personally serve the employer on filing day; within 48 hours, the employer must provide the state and union an accurate employee list. That list must include contact details, jobs, and crews or departments, in paper and electronic form. The state reviews the petition within five days, and the union gets 30 days after notice to add missing support. If invalid signatures leave support below a majority, at least 30% support is needed to secure an election.

Cannabis employers face labor obstruction penalties

New Jersey creates a private-employment dispute division with statewide cannabis jurisdiction, investigation powers, and subpoena authority, assisted by the State Board of Mediation. Covered private employers face fines up to $1,000 for withholding requested information or blocking either body's work. A union seeking to represent workers can also sue for court orders, damages, costs, and attorney's fees. This provision excludes employers regulated by the federal labor board, religious or parochial schools and their employees, and qualifying tax-exempt private nonprofits. Willful interference with the division is a misdemeanor carrying a fine up to $5,000, with contempt sanctions also available where applicable.

Cannabis union votes gain review rules

Cannabis workers can vote electronically, online, by phone, or remotely as allowed by law. While a majority-support petition is pending, the state cannot allow another election petition. Certification challenges can cite insufficient support, improper unit geography, election problems, or misconduct; proven grounds require revocation. The state can decide administratively or hold a hearing within 14 days, unless the union agrees to more time; challenges do not pause bargaining or its 90-day clock. Employers disputing worker coverage must seek a state decision using relevant federal labor board rulings, with appeal available pending final certification.

Sponsors & Cosponsors

Cosponsors

Joseph A. Lagana
Democratic • Senate
Vincent J. Polistina
Republican • Senate
Benjie E. Wimberly
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 146 • No: 44

House vote • 12/22/2025

CONCUR IN SA

Yes: 56 • No: 17

Senate vote • 12/22/2025

3RDG FINAL PASSAGE

Yes: 29 • No: 8

House vote • 6/30/2025