Unions see opportunity in state cannabis license rule

New York State's marijuana laws are laying the groundwork for more than just cannabis.

While applying for cannabis licenses, employers are signing labor peace agreements — a license prerequisite that's likely to facilitate a unionized workforce, according to a Mineola-based union.

Local 338 of the Retail, Wholesale and Department Store Union is signing labor peace agreements "left and right," according to lead cannabis union representative Saul Guerrero. Such agreements have helped Local 338 organize eight of the 10 medical marijuana companies licensed by the state, including more than 40 workers at three regional dispensaries: MedMen in Lake Success, Sunnyside in Huntington and The Botanist in Farmingdale, Guerrero said. He's hoping to replicate this success on the recreational side.

"We want this industry to give back to everybody — everybody," Guerrero said. "My goal, as a lead organizer on cannabis, is to make sure that our members have a voice at work and that they have the right benefits and pay — to make sure that this can become a career." 

Under a labor peace agreement, workers agree not to strike, picket or disrupt operations, and the employer commits, at a minimum, to adopt a neutral stance toward unionization, according to Stephanie Luce, professor of labor studies at CUNY School of Labor and Urban Studies.

Historically, labor peace agreements have been required when the government believes interruption to the work could harm the economy, such as during the construction of a convention center, Luce said. These types of accords are currently needed to get a state gambling license as well as for projects that get sizable subsidies from New York City, Luce said.

"Labor peace is one step, but it's no guarantee," Luce said, noting that the agreements do not always result in unionization.

Local 338's agreements are more demanding, according to Guerrero. They help organizers get a list of employees who may be eligible for the union, access the workplace and pave the way for "card count" votes. That's when an employer recognizes a winning vote without going through the often drawn-out certification process overseen by the National Labor Relations Board.

Since medical marijuana was legalized in 2014, Local 338 has attracted about 500 members working at cultivation/manufacturing sites and dispensaries across the state, Guerrero said. The union represents cultivation technicians, production and extraction technicians, chemical scientists, lab technicians, patient care specialists and cannabis sales consultants. Guerrero noted that managers as well as security, finance and HR personnel are not typically eligible to join the union. Etain and Columbia Care — which has a greenhouse and dispensary in Riverhead — are not represented by Local 338.

The introduction of legal recreational marijuana is expected to support between 30,000 and 60,000 cannabis workers statewide, according to a study by the Rockefeller Institute. Guerrero initially expected about 6,000 to 7,000 of these jobs to be located on Long Island, but doubts that will happen now that most municipalities have decided not to allow dispensaries and consumption venues.

"Like two-thirds of Long island has opted out, so that's huge," he said. 

Local 338's members start at between $18 and $20 an hour, Guerrero said. He expects companies to provide similar, if not identical, training and compensation to medical and recreational marijuana workers. He said some firms may have locations that include space for both medical and recreational products — meaning staff will need to be able to serve both types of customers.

By Sarina Trangle

sarina.trangle@newsday.com@SarinaTrangle

Sarina Trangle covers affordability and cost of living issues and other business topics. She previously worked as an editor and reporter at amNewYork.