Jacob Redmond
Well-Known Member
The United Food and Commercial Workers Union has withdrawn its petition to unionize the employees at the medical marijuana dispensary in Egg Harbor Township, ending what would have been legal battle with national implications for the burgeoning cannabis industry.
An official at the National Labor Relations Board in Philadelphia confirmed the hearing scheduled to take place in Philadelphia Wednesday was cancelled because the organizing petition was withdrawn by the union Local 152 Tuesday.
David Knowlton, a co-founder and board chairman of Compassionate Care Foundation alternative treatment center, said he was notified by the board of the cancelled proceeding but did not receive an explanation on why it had occurred.
But the case would have raised thorny legal questions because while state law permits medical marijuana to be grown and sold and consumed, those activities still violate federal law. As long as the federal government classifies cannabis as a "schedule one" unlawful drug with no medicinal value, like heroine and LSD, the conflict between state and federal laws will continue, legal and medicinal marijuana experts agree.
In an NJ Advance Media report on Sunday, Knowlton said he could not find a lawyer willing to represent him before the board because the rules of professional conduct say attorneys cannot advise or assist their clients engage in "conduct a lawyer knows is criminal or fraudulent." State law created a medicinal marijuana program but to the federal government, growing and possessing marijuana remain illegal activities.
Knowlton said a labor board official suggested he contact the law firm of Ballard Spahr of Philadelphia, which at first offered to represent the financially struggling dispensary for free. It later withdrew the offer out of concern its attorneys could face ethics charges and put their licenses at risk, Knowlton said.
"If you make the argument we can't be represented by counsel and we are committing a felony, how can the (National Labor Relations Board) use its weight as a federal agency to force us to unionize our workers to commit a federal felony?" Knowlton said.
On Wednesday, Knowlton said he had spoken to the hearing officer the day before and registered his objection with having to appear pro se. "It's not fair," he said.
An independent agency responsible for protecting employees' rights investigating unfair labor practices, the labor board has never intervened in a case involving the legal marijuana industry's right to organize. This case would have been the first, said union attorney Mark Belland.
"Our main mission is to assist the employees who want to be represented. If through that process a legal precedent is set and helps others who work in New Jersey and other locations, that's good," Belland told NJ Advance Media. "It's a significant case and it will be a significant decision."
Belland did not return telephone and electronic messages seeking comment on Wednesday. The president of the local could not immediately be reached for comment.
Last fall, the dozen dispensary employees in Egg Harbor decided they wanted to vote to determine whether they should join the UFCW Local 152 in Mays Landing, Belland said. They had accepted a "temporary" 60-day pay cut in July "due to alleged financial difficulties" and never received the back pay they were promised, according to the Dec. 4 complaint. The owners, angry over the organizing efforts, retaliated by changing some employees' schedules and refusing to recognize the full-time status of some employees, the complaint said.
Knowlton denied the allegations, and said he thought the interest in the union waned since the complaint had filed after some employees who led the charge had quit.
But the problems with conflicting state and federal laws is not going away, he said.
"I don't think the federal government should be able to enforce the issue without taking a responsible position to medical marijuana," Knowlton said. "People are acknowledging some good is being done with this medicine. .. If there is harm being done they should close the door on it. They shouldn't have this conflict between state and federal law because it is wreaking havoc on good meaning people."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: N.J. medical marijuana dispensary workers withdraw petition to unionize | NJ.com
Author: Susan K. Livio
Contact: slivio@njadvancemedia.com
Photo Credit: David M. Warren/Philadelphia Inquirer/MCT
Website: New Jersey Local News, Breaking News, Sports & Weather - NJ.com
An official at the National Labor Relations Board in Philadelphia confirmed the hearing scheduled to take place in Philadelphia Wednesday was cancelled because the organizing petition was withdrawn by the union Local 152 Tuesday.
David Knowlton, a co-founder and board chairman of Compassionate Care Foundation alternative treatment center, said he was notified by the board of the cancelled proceeding but did not receive an explanation on why it had occurred.
But the case would have raised thorny legal questions because while state law permits medical marijuana to be grown and sold and consumed, those activities still violate federal law. As long as the federal government classifies cannabis as a "schedule one" unlawful drug with no medicinal value, like heroine and LSD, the conflict between state and federal laws will continue, legal and medicinal marijuana experts agree.
In an NJ Advance Media report on Sunday, Knowlton said he could not find a lawyer willing to represent him before the board because the rules of professional conduct say attorneys cannot advise or assist their clients engage in "conduct a lawyer knows is criminal or fraudulent." State law created a medicinal marijuana program but to the federal government, growing and possessing marijuana remain illegal activities.
Knowlton said a labor board official suggested he contact the law firm of Ballard Spahr of Philadelphia, which at first offered to represent the financially struggling dispensary for free. It later withdrew the offer out of concern its attorneys could face ethics charges and put their licenses at risk, Knowlton said.
"If you make the argument we can't be represented by counsel and we are committing a felony, how can the (National Labor Relations Board) use its weight as a federal agency to force us to unionize our workers to commit a federal felony?" Knowlton said.
On Wednesday, Knowlton said he had spoken to the hearing officer the day before and registered his objection with having to appear pro se. "It's not fair," he said.
An independent agency responsible for protecting employees' rights investigating unfair labor practices, the labor board has never intervened in a case involving the legal marijuana industry's right to organize. This case would have been the first, said union attorney Mark Belland.
"Our main mission is to assist the employees who want to be represented. If through that process a legal precedent is set and helps others who work in New Jersey and other locations, that's good," Belland told NJ Advance Media. "It's a significant case and it will be a significant decision."
Belland did not return telephone and electronic messages seeking comment on Wednesday. The president of the local could not immediately be reached for comment.
Last fall, the dozen dispensary employees in Egg Harbor decided they wanted to vote to determine whether they should join the UFCW Local 152 in Mays Landing, Belland said. They had accepted a "temporary" 60-day pay cut in July "due to alleged financial difficulties" and never received the back pay they were promised, according to the Dec. 4 complaint. The owners, angry over the organizing efforts, retaliated by changing some employees' schedules and refusing to recognize the full-time status of some employees, the complaint said.
Knowlton denied the allegations, and said he thought the interest in the union waned since the complaint had filed after some employees who led the charge had quit.
But the problems with conflicting state and federal laws is not going away, he said.
"I don't think the federal government should be able to enforce the issue without taking a responsible position to medical marijuana," Knowlton said. "People are acknowledging some good is being done with this medicine. .. If there is harm being done they should close the door on it. They shouldn't have this conflict between state and federal law because it is wreaking havoc on good meaning people."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: N.J. medical marijuana dispensary workers withdraw petition to unionize | NJ.com
Author: Susan K. Livio
Contact: slivio@njadvancemedia.com
Photo Credit: David M. Warren/Philadelphia Inquirer/MCT
Website: New Jersey Local News, Breaking News, Sports & Weather - NJ.com
