Pyle Rome Attorney Alex Robertson Secures Yet Another Fair Election for Cannabis Workers to Join UFCW
On April 6, 2022, NLRB Regional Director Laura Sacks issued a ruling clearing the way for a union election among all eligible employees in the Salem, Mass., dispensary of I.N.S.A., Inc. This is the latest in a long string of wins by Pyle Rome attorney Alex Robertson on behalf of cannabis workers across the state as they flex their organizing muscles.
The employer's first argument in this case was the futile claim that the inventory staff should somehow be separated from the rest of the store staff, which would have weakened the strength of the unit. Relying on decades of settled law, the Regional Director determined that a single facility is a presumptively appropriate unit and that there were no good reasons to separate out the inventory staff, who work closely with the rest of the workers.
The employer also sought to remove the Leads from the unit, suggesting that they had supervisory authority. However, at Attorney Robertson's urging, the Regional Director determined that the employer did not provide enough evidence to prove that Leads had the authority to give out discounts or distribute tasks as the employer had suggested. The ruling affirms the principle that Leads at cannabis dispensaries are more closely aligned with the workforce than with management and should be allowed to join with their coworkers in a union.
This case is yet another victory for the UFCW and for Attorney Robertson in the push to give cannabis workers in Massachusetts a strong and effective voice in their working conditions.