If passed on November 5, Measure 119 would require certain Oregon cannabis licensees to secure a Labor Peace Agreement (LPA) with a “bona fide” union before OLCC will approve a new or renewal license application. If the measure passes, cannabis retailers, processors, and labs must obtain a signed LPA and submit proof of the LPA with their license application. Penalties for non-compliance include application denial and possible license suspension or revocation.
The measure is more strict than federal labor laws and existing Oregon labor laws, which already allow workers to unionize and collectively bargain without fear of employer retaliation. M119 goes several steps further by requiring cannabis licensees to enter into an LPA or risk loss of the license. At a minimum all LPAs must include an agreement that the employer “remain neutral” with respect to a union’s representatives communicating with employees about their bargaining rights.
Proponents argue that the measure addresses possible gaps in federal labor protections for employees in a federally illegal industry. They claim similar laws have improved labor conditions for cannabis workers in other states, though a California court is currently weighing the constitutionality of such a law.
Opponents contend that Measure 119 infringes on employer rights and may conflict with more permissive federal labor laws. They argue that requiring neutrality limits employers’ ability to communicate freely with employees about unions, and that the measure requires employers to allow union representatives to discuss the employees’ right to unionize but may prevent employers from discussing employee’s right not to unionize. Critics also express concern about the financial strain cannabis businesses already face and that the measure encourages unions to force licensees to sign highly one-sided LPAs or face OLCC license revocation. If passed, Measure 119 takes effect on December 5, 2024, meaning that applications OLCC receives on or after that date must meet the new LPA requirement.
