"Federal Judge Rules Measure 119 Mandating Labor Peace Agreements for Cannabis Businesses Unconstitutional"

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"Federal Judge Rules Measure 119 Mandating Labor Peace Agreements for Cannabis Businesses Unconstitutional"

[!CDATA[A federal judge in Oregon has ruled that Measure 119, a voter-approved measure requiring cannabis businesses to have labor peace agreements with labor organizations, is unconstitutional. The measure, passed by Oregon voters last year, mandated that employers remain neutral when labor organizations communicate with employees about collective bargaining rights. U.S. District Judge Michael Simon found that the measure violated the free speech rights of cannabis business owners and was preempted by federal labor law. The National Labor Relations Act allows employers to express their views on unions as long as they are not threatening or coercive. The lawsuit challenging Measure 119 was filed by Ascend, a cannabis retailer, and Bubble’s Hash, a processor of edibles and concentrates, both based in Portland. State lawyers argued that the measure did not restrict speech because employers could still express opinions about unions as long as they remained neutral. However, Judge Simon disagreed and issued a permanent injunction against the measure's enforcement. Simon noted the importance of unions and the unique challenges faced by workers in the cannabis industry during a hearing. He expressed concerns about the ambiguity of the measure's language regarding what employers could say or do. The Oregon Department of Justice has not yet indicated whether the state plans to appeal the ruling. In conclusion, the ruling by Judge Simon has invalidated Measure 119 in Oregon, which required cannabis businesses to have labor peace agreements with labor organizations. The measure was found to violate the free speech rights of employers and was preempted by federal labor law. The decision has implications for the cannabis industry in Oregon and highlights the complexities of labor relations in this sector.]]