Official Site of The State of New Jersey

New Jersey recently changed a workplace law (the New Jersey Employer-Employee Relations Act) (“Act”) to put the Division of Private Employment Dispute Settlement (PEDS), a state agency, in charge of handling all matters with regard to the rights of “cannabis employees” to organize, form unions and bargain collectively in the State of New Jersey.

The Act defines the term “cannabis employee” to mean an employee who is an employee of a cannabis employer and who is not subject to the provisions of the National Labor Relations Act (“NLRA”). 

The Act defines the term “cannabis employer” to mean any private employer who is provided a permit, license or other authorization to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, clinical registrant, cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service, and who employs workers not subject to the provisions of the NLRA.

PEDS's new responsibilities for cannabis employers and employees under the Act include:

• Deciding which cannabis employers and workers are covered under the Act
• Safeguarding employees’ rights to organize into a union
• Conducting union representation proceedings, such as card checks through majority support petitions, and elections
• Investigating and adjudicating unfair labor practices
• Resolving conflicts between cannabis employers and unions representing cannabis employees
• Facilitating the collective bargaining process
• Assessing penalties for violations of the Act that are under PEDS’ authority