Labor Peace Agreements

What exactly is required with the APA depends on the specific language of the law of the state in power. For example, California and Illinois define an APA as an agreement between a union and an employer that prohibits disruption or work stoppages and requires the employer to give the union access to work areas and not interfere with the union`s communication with workers. On the other hand, New York law defines LPAs as agreements that prohibit work stoppages but do not mention union access or communication. It appears that AB 1291 gives unions greater rights than under the NRL and that it is easier for unions to organize cannabis employers. AB 1291 represents the nature of state interference in the relationship between employment and employment services, which prohibits the preemption of Garmon and Machinist. For example, in Golden State Transit Corp. v. City of Los Angeles (“Golden State I”), 475 U.S. 608, 616 (1986), the Supreme Court ruled that while the NLRA “requires an employer and a union in good faith to negotiate… nor does it require them to reach an agreement, nor does it require a precise outcome of labour negotiations.┬áThe content of labour negotiations and the resulting results are among the areas that Congress deliberately left to the free play of economic forces when it passed labour law laws. (Id.) In that case, the Supreme Court found that the machinists anticipated the City of Los Angeles` refusal to renew a taxi company`s licence when it failed to reach an agreement with striking union members. By limiting the renewal of the taxi franchise to the acceptance of the union`s demands, the city has effectively established a timetable for the parties` negotiations and has undermined Taxi Cab`s ability to rely on its own economic power to withstand the strike.

(Id. at 615.) The Supreme Court ruled that the city could not pressure the taxi company to “destroy the balance of power devised by Congress and thwart Congress` decision to leave the use of economic weapons open.” (Id. to 619.) AB 1291 is no different. By forcing 1,291 reluctant cannabis companies to negotiate and accept labour peace agreements, AB imposed from 1291 an outcome that Congress deliberately left to the free play of economic forces.

This entry was posted in Uncategorized. Bookmark the permalink.